75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 303
LC 1914/SB 303-1
SENATE AMENDMENTS TO
SENATE BILL 303
By COMMITTEE ON JUDICIARY
May 1
On page 1 of the printed bill, line 2, before the period insert
'; amending ORS 181.610 and 181.665'.
Delete lines 4 through 30 and delete page 2 and insert:
' { + SECTION 1. + } ORS 181.610 is amended to read:
' 181.610. In ORS 181.610 to 181.712, unless the context
requires otherwise:
' (1) 'Abuse' has the meaning given the term in ORS 107.705.
' (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
' (3) 'Certified reserve officer' means a reserve officer who
has been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
' (4) 'Commissioned' means an authorization granting the power
to perform various acts or duties of a police officer or
certified reserve officer and acting under the supervision and
responsibility of a county sheriff or as otherwise provided by
law.
' (5) 'Corrections officer' means an officer or member of a law
enforcement unit who is employed full-time thereby and is charged
with and primarily performs the duty of custody, control or
supervision of individuals convicted of or arrested for a
criminal offense and confined in a place of incarceration or
detention other than a place used exclusively for incarceration
or detention of juveniles.
' (6) 'Department' means the Department of Public Safety
Standards and Training.
' (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
' (8) 'Domestic violence' means abuse between family or
household members.
' (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
' (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
' (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
include forest fire protection agency personnel.
' (12)(a) 'Law enforcement unit' means a police force or
organization of the state, a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, Indian
reservation, Criminal Justice Division of the Department of
Justice, the Department of Corrections, the Oregon State Lottery
Commission or common carrier railroad whose primary duty, as
prescribed by law, ordinance or directive, is any one or more of
the following:
' (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
' (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
' (C) The control, supervision and reformation of adult
offenders placed on parole or sentenced to probation and
investigation of adult offenders on parole or probation or being
considered for parole or probation.
' (b) 'Law enforcement unit' also means:
' (A) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
whose employees are commissioned by a county sheriff;
{ - and - }
' (B) A district attorney's office { + ; and
' (C) A private, nonprofit animal care agency that has
maintained an animal welfare investigation department for at
least five years and has had officers commissioned as special
agents by the Governor + }.
' (13) 'Parole and probation officer' means:
' (a) Any officer who is employed full-time by the Department
of Corrections, a county or a court and who is charged with and
performs the duty of:
' (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
' (B) Investigating adult offenders on parole or probation or
being considered for parole or probation.
' (b) Any officer who:
' (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
' (B) Is employed part-time by the Department of Corrections, a
county or a court; and
' (C) Is charged with and performs the duty of:
' (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
' (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
' (14) 'Police officer' means an officer, member or employee of
a law enforcement unit who is employed full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, Indian
reservation, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission or the Governor or
who is a member of the Department of State Police and who is
responsible for enforcing the criminal laws of this state or laws
or ordinances relating to airport security or is an investigator
of a district attorney's office if the investigator is or has
been certified as a peace officer in this or any other state.
' (15) 'Public or private safety agency' means any unit of
state or local government, a special purpose district or a
private firm which provides, or has authority to provide, fire
fighting, police, ambulance or emergency medical services.
' (16) 'Public safety personnel' and 'public safety officer '
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators
and fire service professionals.
' (17) 'Reserve officer' means an officer or member of a law
enforcement unit:
' (a) Who is a volunteer or who is employed less than full-time
as a peace officer commissioned by a city, port, school district,
mass transit district, county, county service district authorized
to provide law enforcement services under ORS 451.010, Indian
reservation, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission or the Governor or
who is a member of the Department of State Police;
' (b) Who is armed with a firearm; and
' (c) Who is responsible for enforcing the criminal laws and
traffic laws of this state or laws or ordinances relating to
airport security.
' (18) 'Telecommunicator' means any person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS 401.710.
' (19) 'Youth correction officer' means an employee of the
Oregon Youth Authority who is charged with and primarily performs
the duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
' { + SECTION 2. + } ORS 181.665 is amended to read:
' 181.665. (1) Except for a person who has requested and
obtained an extension from the Department of Public Safety
Standards and Training pursuant to subsection (2) of this
section, a person may not be employed as a police officer, or
utilized as a certified reserve officer, by any law enforcement
unit for more than 18 months unless:
' (a) The person is a citizen of the United States; and
' (b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither
lapsed nor been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1) and not been reissued under ORS 181.664 (2).
' (2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a police officer or reserve officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
' (3) Except as provided in subsection (4) of this section, a
person employed as a police officer by any law enforcement unit
shall commence the training necessary for certification under ORS
181.610 to 181.712 at an academy operated by the department not
later than the 90th day after the date of the officer's
employment by the law enforcement unit.
' (4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of
the officer's employment when it considers the delay necessary.
When a law enforcement unit delays commencement of a police
officer's training under this subsection, it shall file a written
statement of its reasons with the department.
' (5) When a delay in the commencement of training necessary
for certification under ORS 181.610 to 181.712 at an academy
operated by the department is caused by the inability of the
department, for any reason, to provide that training, the period
of such delay shall not be counted as part of the periods set
forth in subsections (3) and (4) of this section within which the
training must be commenced.
' (6) A person utilized as a certified reserve officer by a law
enforcement unit must complete the training necessary for
certification under ORS 181.610 to 181.712 at a site approved by
the department.
' { + (7) Notwithstanding any other provision of law, the law
enforcement unit described in ORS 181.610 (12)(b)(C) shall bear
the expense of training necessary for certification under ORS
181.610 to 181.712. + } ' .
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