75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 303
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to humane special agents; amending ORS 181.610 and
181.665.
Be It Enacted by the People of the State of Oregon:
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.
Enrolled Senate Bill 303 (SB 303-A) Page 1
(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.
Enrolled Senate Bill 303 (SB 303-A) Page 2
(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
Enrolled Senate Bill 303 (SB 303-A) Page 3
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. + }
----------
Passed by Senate May 5, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 2, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 303 (SB 303-A) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 303 (SB 303-A) Page 5