Chapter 472 Oregon Laws 2011

AN ACT

HB 2274

Relating to certified peace officers.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in sections 1 to 3 of this 2011 Act:

(a) “Adjoining state” means California, Idaho, Nevada or Washington.

(b) “Certified peace officer” means a regularly employed peace officer or police officer from an adjoining state, including a peace officer or police officer employed by a local government of an adjoining state.

(c) “Employing agency” means a state or local government of an adjoining state that employs a certified peace officer.

(2) A certified peace officer is a peace officer and a police officer in this state when:

(a) The officer enters this state in order to provide, or attempt to provide, law enforcement services described in subsection (3) of this section; and

(b) The law enforcement services occur within 50 miles from the contiguous border of this state and the adjoining state where the officer is employed.

(3) Subsection (2) of this section applies when the certified peace officer is providing, or attempting to provide, law enforcement services under any of the following circumstances:

(a) In response to a request for law enforcement services initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.

(b) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police for those services is impractical to obtain under the circumstances. The certified police officer shall obtain authorization from an Oregon law enforcement agency having jurisdiction over the location where the services were provided as soon as is practicable after the services have been provided.

(c) For the purpose of assisting an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State police in providing emergency service in response to criminal activity, traffic accidents, emergency incidents or other similar public safety problems, whether or not an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police is present at the scene of the incident.

(4) When a certified peace officer exercises any authority granted under this section, the officer shall submit, as soon as is practicable, a written report concerning the incident to the Oregon law enforcement agency having primary jurisdiction over the geographic area in which the incident occurred. Oregon law enforcement agencies may establish reporting procedures and forms to facilitate reporting required under this subsection.

(5) This section does not confer upon a certified peace officer the authority to enforce Oregon traffic or motor vehicle laws.

SECTION 2. (1) A certified peace officer who exercises authority under section 1 of this 2011 Act and the officer’s employing agency are subject to the same civil immunities and liabilities as a peace officer and the peace officer’s employing agency in Oregon.

(2) A certified peace officer who exercises authority under section 1 of this 2011 Act is subject to the supervisory control of and limitations imposed by the certified peace officer’s employing agency unless supervisory control is temporarily delegated to an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.

(3) The certified peace officer may not receive separate compensation from an Oregon law enforcement agency for providing law enforcement services within this state under section 1 of this 2011 Act.

(4) Notwithstanding any other provision of law, any person who is acting as a certified peace officer in this state in the manner described in section 1 of this 2011 Act is deemed to have met the requirements of ORS 133.005 (3) if the certified peace officer has completed the basic training required for peace officers in the adjoining state in which the certified peace officer is employed.

SECTION 3. (1) Sections 1 and 2 of this 2011 Act do not limit the authority of an officer of another state to make an arrest or take other action under ORS 133.410 to 133.440. Sections 1 and 2 of this 2011 Act apply only in the absence of a mutual aid agreement between the State of Oregon and an adjoining state, or between local governments of this state and adjoining states, or any combination thereof, to which the employing agency is a party.

(2) A certified peace officer exercising authority under section 1 of this 2011 Act, and the certified peace officer’s employing agency, are not officers or employees of the State of Oregon for purposes of ORS 30.260 to 30.300.

Approved by the Governor June 23, 2011

Filed in the office of Secretary of State June 23, 2011

Effective date January 1, 2012

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