69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
House Bill 2433
Sponsored by COMMITTEE ON JUDICIARY (at the request of District
Attorney Association)
CHAPTER ................
AN ACT
Relating to criminal procedure; creating new provisions; and
amending ORS 131.605, 131.615, 131.625 and 810.410.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 131.615 is amended to read:
131.615. (1) A peace officer who reasonably suspects that a
person has committed { + or is about to commit + } a crime may
stop the person and, after informing the person that the peace
officer is a peace officer, make a reasonable inquiry.
(2) The detention and inquiry shall be conducted in the
vicinity of the stop and for no longer than a reasonable time.
(3) The inquiry shall be considered reasonable { - only - }
if { + it is + } limited to { + :
(a) + } The immediate circumstances that aroused the officer's
suspicion { + ;
(b) Other circumstances arising during the course of the
detention and inquiry that give rise to a reasonable suspicion of
criminal activity; and
(c) Ensuring the safety of the officer, the person stopped or
other persons present, including an inquiry regarding the
presence of weapons.
(4) The inquiry may include a request for consent to search in
relation to the circumstances specified in subsection (3) of this
section or to search for items of evidence otherwise subject to
search or seizure under ORS 133.535.
(5) A peace officer making a stop may use the degree of force
reasonably necessary to make the stop and ensure the safety of
the peace officer, the person stopped or other persons who are
present + }.
SECTION 2. ORS 131.605 is amended to read:
131.605. As used in ORS 131.605 to 131.625, unless the context
requires otherwise:
(1) 'Crime' has the meaning provided for that term in ORS
161.515.
{ - (2) A 'frisk' is an external patting of a person's outer
clothing. - }
{ - (3) - } { + (2) + } 'Dangerous weapon,' 'deadly weapon'
and ' person' have the meaning provided for those terms in ORS
161.015.
{ + (3) 'Frisk' is an external patting of a person's outer
clothing.
Enrolled House Bill 2433 (HB 2433-A) Page 1
(4) 'Is about to commit' means unusual conduct that leads a
peace officer reasonably to conclude in light of the officer's
training and experience that criminal activity may be afoot. + }
{ - (4) - } { + (5) + } 'Reasonably suspects' means that a
peace officer holds a belief that is reasonable under the
totality of the circumstances existing at the time and place the
peace officer acts as authorized in ORS 131.605 to 131.625.
{ - (5) - } { + (6) + } A 'stop' is a temporary restraint
of a person's liberty by a peace officer lawfully present in any
place.
SECTION 3. ORS 131.625 is amended to read:
131.625. (1) A peace officer may frisk a stopped person for
dangerous or deadly weapons if the officer reasonably suspects
that the person is armed and { - presently - } dangerous to
the officer or other { - person - } { + persons + } present.
(2) If, in the course of the frisk, the peace officer feels an
object which the peace officer reasonably suspects is a dangerous
or deadly weapon, the peace officer may take such action as is
reasonably necessary to take possession of the weapon.
SECTION 4. ORS 810.410 is amended to read:
810.410. (1) A police officer may arrest or issue a citation to
a person for a traffic crime at any place within or outside the
jurisdictional authority of the governmental unit by which the
police officer is authorized to act as provided by ORS 133.235
and 133.310.
(2) A police officer may issue a citation to a person for a
traffic infraction at any place within or outside the
jurisdictional authority of the governmental unit by which the
police officer is authorized to act when the traffic infraction
is committed in the police officer's presence or when the police
officer has probable cause to believe an offense has occurred
based on a description of the vehicle or other information
received from a police officer who observed the traffic
infraction from a train or an aircraft.
(3) A police officer:
(a) Shall not arrest a person for a traffic infraction.
(b) May stop and detain a person for a traffic infraction for
the purposes of investigation reasonably related to the traffic
infraction, identification and issuance of citation.
{ + (c) May make an inquiry into circumstances arising during
the course of a detention and investigation under paragraph (b)
of this subsection that give rise to a reasonable suspicion of
criminal activity.
(d) May make an inquiry to ensure the safety of the officer,
the person stopped or other persons present, including an inquiry
regarding the presence of weapons.
(e) May use the degree of force reasonably necessary to make
the stop and ensure the safety of the peace officer, the person
stopped or other persons present. + }
{ - (c) - } { + (f) + } May make an arrest of a person as
authorized by ORS 133.310 (2) if the person is stopped and
detained pursuant to the authority of this section.
(4) When a police officer at the scene of a traffic accident
has reasonable grounds, based upon the police officer's personal
investigation, to believe that a person involved in the accident
has committed a traffic offense in connection with the accident,
the police officer may issue to the person a citation for that
offense. The authority under this subsection is in addition to
any other authority to issue a citation for a traffic offense.
Enrolled House Bill 2433 (HB 2433-A) Page 2
SECTION 5. On July 1, 1998, ORS 810.410, as amended by section
4 of this Act, is amended to read:
810.410. (1) A police officer may arrest or issue a citation to
a person for a traffic crime at any place within or outside the
jurisdictional authority of the governmental unit by which the
police officer is authorized to act as provided by ORS 133.235
and 133.310.
(2) A police officer may issue a citation to a person for a
traffic infraction at any place within or outside the
jurisdictional authority of the governmental unit by which the
police officer is authorized to act when the traffic infraction
is committed in the police officer's presence or when the police
officer has probable cause to believe an offense has occurred
based on a description of the vehicle or other information
received from a police officer who observed the traffic
infraction from a train or an aircraft.
(3) A police officer:
(a) Shall not arrest a person for a traffic infraction.
(b) May stop and detain a person for a traffic infraction for
the purposes of investigation reasonably related to the traffic
infraction, identification and issuance of citation.
(c) May make an inquiry into circumstances arising during the
course of a detention and investigation under paragraph (b) of
this subsection that give rise to a reasonable suspicion of
criminal activity.
(d) May make an inquiry to ensure the safety of the officer,
the person stopped or other persons present, including an inquiry
regarding the presence of weapons.
{ + (e) May request consent to search in relation to the
circumstances referred to in paragraph (c) of this subsection or
to search for items of evidence otherwise subject to search or
seizure under ORS 133.535. + }
{ - (e) - } { + (f) + } May use the degree of force
reasonably necessary to make the stop and ensure the safety of
the peace officer, the person stopped or other persons present.
{ - (f) - } { + (g) + } May make an arrest of a person as
authorized by ORS 133.310 (2) if the person is stopped and
detained pursuant to the authority of this section.
(4) When a police officer at the scene of a traffic accident
has reasonable grounds, based upon the police officer's personal
investigation, to believe that a person involved in the accident
has committed a traffic offense in connection with the accident,
the police officer may issue to the person a citation for that
offense. The authority under this subsection is in addition to
any other authority to issue a citation for a traffic offense.
SECTION 6. { + (1) No later than January 31, 1998, law
enforcement agencies shall adopt written policies:
(a) Prohibiting the stopping, detention and search of persons
under ORS 810.410 when the action is motivated by the officer's
perception of the person's race, color, sex or national origin
and when the action would constitute a violation of the person's
civil rights; and
(b) Requiring that a process be implemented within the agency
to:
(A) Facilitate the reporting of complaints;
(B) Receive and review complaints by persons who believe they
have been stopped, detained or searched in violation of the
agency's policy;
(C) Collect data;
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(D) Establish that a violation of paragraph (a) of this
subsection is grounds for corrective action; and
(E) Require the agency to provide the data collected under this
paragraph to the Asset Forfeiture Oversight Advisory Committee
created in section 14, chapter 791, Oregon Laws 1989.
(2) No later than March 1, 1999, the Asset Forfeiture Oversight
Advisory Committee shall submit a report to the Legislative
Assembly as provided in ORS 192.245 containing the data collected
under subsection (1)(b) of this section. + }
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Passed by House June 9, 1997
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 18, 1997
...........................................................
President of Senate
Enrolled House Bill 2433 (HB 2433-A) Page 4
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled House Bill 2433 (HB 2433-A) Page 5