Chapter 181 — State Police; Crime Reporting and Records; Sex Offender Reporting; Public Safety Standards and Training; Private Security Services

2011 EDITION

STATE POLICE; CRIME REPORTING; TRAINING

EXECUTIVE BRANCH; ORGANIZATION

STATE POLICE

181.010 Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730

181.020 Department of State Police established

181.030 Powers and duties of department and its members

181.035 Amber Plan; rules

181.036 National Crime Prevention and Privacy Compact; rules

181.045 Targeted enforcement program; rules

181.050 Duty to enforce laws and regulations of agencies

181.066 Department responsible for criminal identification information

181.070 Criminal investigations division

181.080 Forensic laboratories

181.085 Authority over blood and buccal samples and analyses; rules; disclosure; inspection by subject person; destruction of sample

181.090 Headquarters and patrol stations

181.100 Organization of work of department

181.110 Distribution of police throughout state

181.120 Standard uniform for state police

181.130 Service without wearing uniform

181.140 Wearing uniforms by other persons prohibited

181.150 Supplies and equipment of state police

181.175 State Police Account; subaccount; uses

181.180 Petty cash account

181.190 Commanding assistance of citizens

181.200 Superintendent of State Police; appointment; confirmation; removal

181.210 Oath of superintendent and deputy superintendent

181.220 Appointment of Deputy Superintendent of State Police

181.240 Powers and duties of deputy superintendent

181.250 Oregon State Police

181.260 Qualifications for appointment and reappointment of state police; special officers; neighboring states

181.263 Appointment of employees of department as special state police officers

181.271 Salaries of state police

181.280 Instruction; rules and regulations for discipline and control

181.390 Oath of members of state police

181.400 Interference with personal and property rights of others

181.410 Records and reports of activities and time spent in performance of duties

181.440 Eligibility of towing business to be placed on department list; rules

(Temporary provisions relating to authorized tribal police officers are compiled as notes following ORS 181.440)

MISSING PERSONS CLEARINGHOUSE

181.505 Establishment and maintenance of missing persons clearinghouse

181.506 Duties of administrator of clearinghouse

CRIME REPORTING

181.511 Fingerprints, identifying data, disposition report required upon arrest

181.515 Crimes for which criminal offender information is required

181.521 Transmittal of disposition report

181.525 Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education

181.530 Report of release or escape from state institution of certain inmates

181.533 Criminal records check; qualified entities; rules; fees

181.534 Criminal records check; authorized agencies; rules

181.537 Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints; qualified entities; rules

181.538 Criminal identification information to be furnished to Native American tribe

181.548 Confidentiality of some records

181.550 Reporting of crime statistics

181.555 Establishment of procedures for access to criminal record information; rules

181.556 Fee waiver

181.557 Procedure when information requested by designated agency

181.560 Procedure when information requested by other than criminal justice agency

181.575 Specific information not to be collected or maintained

181.580 Report of suspected criminal homicide; form and time of report; compilation; comparison

PREDATORY SEX OFFENDER NOTICE PROCEDURE

181.585 “Predatory sex offender” defined; determination

181.586 Notice to appropriate persons of supervised predatory sex offender; content; additional duties of supervising agency

181.587 Availability of information on supervised predatory sex offender

181.588 Notice to public of unsupervised predatory sex offender; content

181.589 Notice to public of unsupervised juvenile predatory sex offender; content

181.590 Agreements to resolve concerns about community notification

SEX OFFENDER REGISTRATION

181.592 Sex offender information; release to public

181.593 Internet website

181.594 Definitions

181.595 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction

181.596 Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction

181.597 Reporting by certain persons upon moving into state; reporting by certain nonresidents and certain residents

181.598 Registration forms; state police to provide; fee

181.599 Failure to report as sex offender; defense

181.601 Victim access to sex offender information; toll-free telephone number

181.602 Purpose of sex offender reporting requirements; rules

181.603 Notice of reporting requirement to be given at sentencing; procedure at intake

181.604 Notice required when offender moves to another state

181.605 Offender profiling

181.606 Immunity

181.609 Reporting by sex offenders adjudicated in juvenile court

PUBLIC SAFETY STANDARDS AND TRAINING

181.610 Definitions for ORS 181.610 to 181.712

181.612 Authority of Department of Public Safety Standards and Training to require fingerprints

181.620 Board on Public Safety Standards and Training; term limit; confirmation

181.630 Organization of board; meetings; policy of state

181.632 Leave to perform duties of board or policy committee

181.635 Appointment of director of department

181.636 Training academy; title to real property

181.637 Policy committees; rules

181.638 Executive committee

181.639 Legislative findings

181.640 Minimum standards and training for certification; duties in improving public safety units; grants; fees; rules

181.641 Training in vehicle pursuit and mental illness recognition

181.642 Training relating to Vienna Convention and crimes motivated by prejudice or that constitute abuse

181.643 Training in missing persons cases

181.644 Certification of telecommunicator or emergency medical dispatcher required; extension

181.645 Police, corrections, parole and probation and certified reserve officers required to be at least 21 years of age

181.650 Certification of instructors; accreditation of training programs

181.651 Certification of full-time department employees

181.652 Certification of corrections officers required; extension; when training to commence

(Temporary provisions relating to training of corrections officers are compiled as notes following ORS 181.652)

181.653 Certification of parole and probation officers required; extension

181.654 Certification of certain Law Enforcement Data System employees

181.655 Reimbursement for training to local law enforcement units; rules

181.657 Limitation on accreditation of training programs

181.660 Application of minimum standards and training to certain persons; certification based on experience, education or training

181.661 Procedure for denial, suspension or revocation of application or certification

181.662 Grounds for denial, suspension or revocation of application or certification of person or accreditation of program; rules

181.664 Judicial review of department’s final order; reapplication for certification; rules

181.665 Certification of police officer and certified reserve officer required; extension

181.667 Lapse of certification; reapplication for certification; rules; fees

181.670 Effect of minimum requirements under authority other than ORS 181.640

181.675 Disclosure of information about public safety officer

181.679 Civil penalties relating to certification; rules

181.690 Police Standards and Training Account

181.695 Reimbursement of training costs

181.700 Legislative intent

181.705 Minimum standards and training requirements not applicable to certain police officers

181.711 Department not required to provide training for certification of reserve officers

181.712 Child abuse and domestic violence training; report

181.714 Police Memorial Trust Fund; rules

CRIMINAL JUSTICE INFORMATION STANDARDS

181.715 Criminal Justice Information Standards program; duties

181.720 Duties of state criminal justice agencies

181.725 Criminal Justice Information Standards Advisory Board; members; expenses

181.730 Law Enforcement Data System established; duties; rules

181.735 Medical health database

181.740 Certain information required from agencies; rules

OREGON COMMUNITY CRIME PREVENTION INFORMATION CENTER

181.750 Definitions for ORS 181.755 to 181.765

181.755 Oregon Community Crime Prevention Information Center; duties

181.760 Coordinator; appointment; duties

181.765 Advisory committee; meetings; expenses

PLAN ADDRESSING USE OF DEADLY PHYSICAL FORCE

181.781 Definitions for ORS 181.781 to 181.796

181.783 Planning authority; development and approval of plan; compliance; notice upon challenge to plan

181.786 Components of plan

181.789 Policy relating to use of deadly physical force; collection of information; rules

181.791 Admissibility of conclusions and recommendations

181.793 Compliance

181.796 Grants; rules

181.798 Expenditure limitation on grant moneys

181.799 Expenses; rules

RELIEF FROM SEX OFFENDER REPORTING REQUIREMENT

181.820 Relief from reporting requirement

181.823 Relief from reporting requirement for juvenile offenders adjudicated in Oregon

181.826 Relief from reporting requirement for juvenile offenders adjudicated in another United States jurisdiction

181.830 Relief from reporting requirement; circumstances; order

181.832 Procedure for relief under ORS 181.830; upon conviction or adjudication

181.833 Procedure for relief under ORS 181.830; after conviction or adjudication; testimony of victim

PUBLIC SAFETY PERSONNEL GENERALLY

181.850 Enforcement of federal immigration laws

181.852 Disclosure of information about certain employees of law enforcement agencies

181.854 Disclosure of information about certain public safety employees

181.860 Peer support counseling sessions; confidentiality; admissibility as evidence

REGULATION OF PRIVATE SECURITY SERVICE PROVIDERS

181.870 Definitions

181.871 Applicability

181.873 Prohibited acts; temporary assignment of person not certified allowed

181.875 Qualifications for private security professional; rules

181.876 Application procedure

181.877 Qualifications for executive manager or supervisory manager

181.878 Board on Public Safety Standards and Training to establish standards; department to establish procedures and fees; report; rules

181.880 Licenses and certificates; issuance; duration

181.882 Hearing if license or certificate denied, suspended or revoked

181.885 Effect of being charged with crime

181.886 Persons providing private security services on September 9, 1995

181.887 Disposition of funds received by department

PENALTIES

181.990 Penalties

181.991 Penalties relating to regulation of private security services; criminal and civil

STATE POLICE

181.010 Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730. As used in ORS 181.010 to 181.560 and 181.715 to 181.730, unless the context requires otherwise:

(1) “Criminal justice agency” means:

(a) The Governor;

(b) Courts of criminal jurisdiction;

(d) District attorneys, city attorneys with criminal prosecutorial functions, attorney employees of the office of public defense services and nonprofit public defender organizations established under contract with the Public Defense Services Commission;

(e) Law enforcement agencies;

(f) The Department of Corrections;

(g) The Oregon Youth Authority;

(h) The State Board of Parole and Post-Prison Supervision;

(i) The Department of Public Safety Standards and Training;

(j) Regional information systems that share programs to track, identify and remove cross-jurisdictional criminal and terrorist conspiracies; and

(k) Any other state or local agency with law enforcement authority.

(2) “Criminal offender information” includes records and related data as to physical description and vital statistics, fingerprints received and compiled for purposes of identifying criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release.

(3) “Department” means the Department of State Police established under ORS 181.020.

(4) “Deputy superintendent” means the Deputy Superintendent of State Police appointed under ORS 181.220.

(5) “Designated agency” means any state, county or municipal government agency where Oregon criminal offender information is required to implement a federal or state statute, executive order or administrative rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct or for agency employment purposes, licensing purposes or other demonstrated and legitimate needs when designated by order of the Governor.

(6) “Disposition report” means a form or process prescribed or furnished by the department, containing a description of the ultimate action taken subsequent to an arrest.

(7) “Law enforcement agency” means:

(a) County sheriffs, municipal police departments, police departments established by a university under ORS 352.383 and State Police;

(b) Other police officers of this state or another state;

(c) A tribal government as defined in section 1, chapter 644, Oregon Laws 2011, that employs authorized tribal police officers as defined in section 1, chapter 644, Oregon Laws 2011; and

(d) Law enforcement agencies of the federal government.

(8) “State police” means the sworn members of the state police force appointed under ORS 181.250.

(9) “Superintendent” means the Superintendent of State Police appointed under ORS 181.200. [Amended by 1963 c.547 §1; 1971 c.467 §1; 1975 c.548 §1; 1977 c.745 §46; 1981 c.905 §1; 1987 c.320 §136; 1987 c.475 §5; 1989 c.364 §3; 2001 c.104 §60; 2001 c.962 §42; 2007 c.71 §54; 2011 c.506 §26; 2011 c.547 §1; 2011 c.644 §26]

Note: The amendments to 181.010 by section 49, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user’s convenience.

181.010. As used in ORS 181.010 to 181.560 and 181.715 to 181.730, unless the context requires otherwise:

(1) “Criminal justice agency” means:

(a) The Governor;

(b) Courts of criminal jurisdiction;

(e) Law enforcement agencies;

(f) The Department of Corrections;

(g) The Oregon Youth Authority;

(h) The State Board of Parole and Post-Prison Supervision;

(i) The Department of Public Safety Standards and Training;

(j) Regional information systems that share programs to track, identify and remove cross-jurisdictional criminal and terrorist conspiracies; and

(k) Any other state or local agency with law enforcement authority.

(3) “Department” means the Department of State Police established under ORS 181.020.

(4) “Deputy superintendent” means the Deputy Superintendent of State Police appointed under ORS 181.220.

(6) “Disposition report” means a form or process prescribed or furnished by the department, containing a description of the ultimate action taken subsequent to an arrest.

(7) “Law enforcement agency” means:

(a) County sheriffs, municipal police departments, police departments established by a university under ORS 352.383 and State Police;

(b) Other police officers of this state or another state; and

(8) “State police” means the sworn members of the state police force appointed under ORS 181.250.

(9) “Superintendent” means the Superintendent of State Police appointed under ORS 181.200.

181.020 Department of State Police established. (1) There is established a Department of State Police.

(2) The department shall consist of sworn members of the state police force appointed under ORS 181.250 and nonsworn professional personnel necessary to carry out the department’s public safety functions. [Amended by 1963 c.547 §8; 1971 c.467 §2; 2011 c.547 §2]

181.030 Powers and duties of department and its members. (1) The Department of State Police and the members of the Oregon State Police are charged with the enforcement of:

(a) All criminal laws; and

(b) All laws applicable to highways and the operation of vehicles on highways.

(2) Each member of the state police is authorized and empowered to:

(a) Prevent crime.

(b) Pursue and apprehend offenders and obtain legal evidence necessary to ensure the conviction of the offenders in the courts.

(d) Execute any lawful warrant or order of arrest issued against any person or persons for any violation of the law.

(e) Make arrests without warrant for violations of law in the manner provided in ORS 133.310.

(f) Give first aid to the injured.

(3) Each member of the state police has the same general powers and authority as those conferred by law upon sheriffs, police officers, constables and peace officers. A member of the state police may be appointed as a deputy medical examiner.

(4) The members of the state police are subject to the call of the Governor and are empowered to cooperate with any other instrumentality or authority of this state, or any political subdivision, in detecting crime, apprehending criminals and preserving law and order throughout this state, but the state police may not be used as a posse except when ordered by the Governor. [Amended by 1961 c.434 §7; 1971 c.467 §3; 1973 c.408 §30; 1977 c.595 §1; 2009 c.11 §16; 2011 c.547 §3]

181.035 Amber Plan; rules. (1) The Department of State Police shall work with Oregon law enforcement agencies, the Department of Transportation, local media and broadcasters and others to fully implement a state Amber Plan.

(2) The Department of State Police shall adopt rules establishing the criteria to be applied in determining whether to issue an alert under the Amber Plan.

(3) A broadcaster participating in an Amber Plan implemented under this section is immune from civil liability for any act or omission of the broadcaster in the course and scope of that participation. The immunity provided under this subsection:

(a) Applies regardless of the method of transmission used by the broadcaster.

(b) Does not apply to intentional misconduct or to conduct that was grossly negligent. [2003 c.314 §1; 2005 c.441 §1]

Note: 181.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

181.036 National Crime Prevention and Privacy Compact; rules. (1) The Legislative Assembly of the State of Oregon hereby ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. 14616, as it existed on January 1, 2005, and the compact remains in effect until legislation is enacted rescinding the compact. The Superintendent of State Police shall execute the compact.

(2) The superintendent, or the superintendent’s designee, is the state’s compact officer and shall administer and implement the compact on behalf of the state and may adopt rules as necessary for the exchange of criminal history records between the state and other states and the federal government for noncriminal justice purposes.

(3) This section does not alter the duties of the superintendent regarding the dissemination of criminal history records within the state. [2005 c.479 §1]

Note: 181.036 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

181.040 [Amended by 1967 c.175 §5; 1971 c.467 §4; 1983 c.338 §899; repealed by 2011 c.547 §48]

181.045 Targeted enforcement program; rules. (1) The Department of State Police shall develop a targeted enforcement program for the purpose of improving public safety. The program shall be designed to reduce fatalities, physical injury and property damage by allocating patrol resources based on motor vehicle accident data compiled by the Department of Transportation.

(2) The Department of Transportation shall provide motor vehicle accident data to the Department of State Police for use in the targeted enforcement program.

(3) The Department of State Police may adopt rules to carry out the provisions of this section. [2009 c.660 §44]

Note: 181.045 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

181.050 Duty to enforce laws and regulations of agencies. The state police, with the approval of the Governor, may be called upon by any other branch or department of the state government to enforce criminal laws or any regulation of such branch or department. [Amended by 1971 c.58 §1]

181.060 [Repealed by 1963 c.547 §11]

181.065 [1963 c.547 §6; repealed by 1975 c.548 §2 (181.066 enacted in lieu of 181.065)]

181.066 Department responsible for criminal identification information. The Department of State Police shall:

(1) Install and maintain systems for filing and retrieving fingerprint data and supplemental information submitted by criminal justice agencies for the identification of criminal offenders as the Superintendent of State Police deems necessary;

(2) Employ its fingerprint record file as a basis for identifying individuals and provide criminal offender information to criminal justice agencies in the performance of the agencies’ official duties;

(3) Provide information to persons and agencies as provided in ORS 181.555 and 181.560; and

(4) Undertake other projects as necessary or appropriate to the speedy collection and dissemination of information relating to crimes and criminals. [1975 c.548 §3 (enacted in lieu of 181.065); 1975 c.605 §11a; 1981 c.905 §2; 2011 c.547 §4]

181.070 Criminal investigations division. (1) The Superintendent of State Police may:

(a) Maintain a criminal investigations division for the purpose of preventing, detecting and investigating criminal activity.

(b) Enter into partnerships with local criminal justice agencies to provide expertise in the investigation and resolution of crimes and criminal activity.

(2) For purposes of subsection (1) of this section, the superintendent may use the services of such members of the state police as detectives as the superintendent considers necessary. [Amended by 1963 c.547 §9; 1971 c.467 §22; 2011 c.547 §5]

181.080 Forensic laboratories. (1) The Department of State Police may establish forensic laboratories.

(2) Subject to available funding, the forensic laboratories shall furnish generally accepted types of forensic services to criminal justice agencies in this state. The services of the forensic laboratories must also be available to a defendant in a criminal case upon order of the court in which the criminal case is pending. [Amended by 1953 c.5 §3; 1963 c.218 §1; 1971 c.467 §23; 2001 c.870 §12; 2011 c.547 §6]

181.085 Authority over blood and buccal samples and analyses; rules; disclosure; inspection by subject person; destruction of sample. (1) The Department of State Police is authorized to:

(a) Store blood and buccal samples received under authority of this section, ORS 137.076, 161.325 and 419C.473 (1) and section 2, chapter 852, Oregon Laws 2001, and other physical evidence obtained from analysis of such samples;

(b) Analyze such samples for the purpose of establishing the genetic profile of the donor or otherwise determining the identity of persons or contract with other qualified public or private laboratories to conduct that analysis;

(d) Utilize such samples to create statistical population frequency databases, provided that genetic profiles or other such information in a population frequency database shall not be identified with specific individuals; and

(e) Adopt rules establishing procedures for obtaining, transmitting and analyzing blood and buccal samples and for storing and destroying blood and buccal samples and other physical evidence and criminal identification information obtained from such analysis. Procedures for blood and buccal analyses may include all techniques which the department determines are accurate and reliable in establishing identity, including but not limited to, analysis of DNA (deoxyribonucleic acid), antigen antibodies, polymorphic enzymes or polymorphic proteins.

(2) If the department is unable to analyze all samples due to lack of funds, the department shall analyze samples in the following order:

(a) The department shall first analyze samples from persons convicted of:

(A) Rape, sodomy, unlawful sexual penetration, sexual abuse, public indecency, incest or using a child in a display of sexually explicit conduct, as those offenses are defined in ORS 163.355 to 163.427, 163.465 (1)(c), 163.525 and 163.670;

(B) Burglary in the second degree, as defined in ORS 164.215;

(D) Burglary in the first degree, as defined in ORS 164.225;

(E) Assault in the first, second or third degree, as defined in ORS 163.165, 163.175 and 163.185;

(F) Kidnapping in the first or second degree, as defined in ORS 163.225 and 163.235;

(G) Stalking, as defined in ORS 163.732;

(H) Robbery in the first, second or third degree, as defined in ORS 164.395, 164.405 and 164.415;

(I) Manslaughter in the first or second degree, as defined in ORS 163.118 and 163.125;

(J) Criminally negligent homicide, as defined in ORS 163.145;

(K) Aggravated vehicular homicide, as defined in ORS 163.149;

(L) Conspiracy or attempt to commit any felony listed in subparagraphs (A) to (J) of this paragraph; or

(M) Murder, aggravated murder or an attempt to commit murder or aggravated murder.

(b) After analyzing samples from persons described in paragraph (a) of this subsection, the department shall analyze samples from persons convicted of a felony under ORS 475.752, 475.806 to 475.894, 475.904, 475.906 or 475.914.

(c) After analyzing samples from persons described in paragraphs (a) and (b) of this subsection, the department shall analyze samples from persons convicted of any other felony.

(3) Notwithstanding subsection (2) of this section, the department may analyze a sample from a lower priority before all samples in higher priorities are analyzed if required in a particular case for law enforcement purposes.

(4) The department may not transfer or disclose any sample, physical evidence or criminal identification information obtained, stored or maintained under authority of this section, ORS 137.076, 161.325 or 419C.473 (1) except:

(a) To a law enforcement agency as defined in ORS 181.010, a district attorney or the Criminal Justice Division of the Department of Justice for the purpose of establishing the identity of a person in the course of a criminal investigation or proceeding;

(b) To a party in a criminal prosecution or juvenile proceeding pursuant to ORS 419C.005 if discovery or disclosure is required by a separate statutory or constitutional provision; or

(c) To a court or grand jury in response to a lawful subpoena or court order when the evidence is not otherwise privileged and is necessary for criminal justice purposes.

(5) The department may not transfer or disclose any sample, physical evidence or criminal identification information under subsection (4) of this section unless the public agency or person receiving the sample, physical evidence or criminal identification information agrees to destroy the sample, physical evidence or criminal identification information if notified by the department that a court has reversed the conviction, judgment or order that created the obligation to provide the blood or buccal sample.

(6) Any public agency that receives a sample, physical evidence or criminal identification information under authority of subsection (4) of this section may not disclose it except as provided in subsection (4) of this section.

(7) Notwithstanding subsections (4) and (6) of this section, any person who is the subject of a record within a criminal identification database maintained under the authority of this section may, upon request, inspect that information at a time and location designated by the department. The department may deny inspection if it determines that there is a reasonable likelihood that such inspection would prejudice a pending criminal investigation. In any case, the department is not required to allow the person or anyone acting on the person’s behalf to test any blood or buccal sample or other physical evidence. The department shall adopt procedures governing the inspection of records and samples and challenges to the accuracy of records. The procedures shall accommodate the need to preserve the materials from contamination and destruction.

(8)(a) Whenever a court reverses the conviction, judgment or order that created an obligation to provide a blood or buccal sample under ORS 137.076 (2), 161.325 or 419C.473 (1), the person who provided the sample may request destruction of the sample and any criminal identification record created in connection with that sample.

(b) Upon receipt of a written request for destruction pursuant to this section and a certified copy of the court order reversing the conviction, judgment or order, the department shall destroy any sample received from the person, any physical evidence obtained from that sample and any criminal identification records pertaining to the person, unless the department determines that the person has otherwise become obligated to submit a blood or buccal sample as a result of a separate conviction, juvenile adjudication or finding of guilty except for insanity for an offense listed in ORS 137.076 (1). When the department destroys a sample, physical evidence or criminal identification record under this paragraph, the department shall notify any public agency or person to whom the sample, physical evidence or criminal identification information was transferred or disclosed under subsection (4) of this section of the reversal of the conviction, judgment or order.

(c) The department is not required to destroy an item of physical evidence obtained from a blood or buccal sample if evidence relating to another person subject to the provisions of ORS 137.076, 161.325, 419A.260 and 419C.473 (1) and this section would thereby be destroyed. Notwithstanding this subsection, no sample, physical evidence or criminal identification record is affected by an order to set aside a conviction under ORS 137.225.

(9) As used in this section, “convicted” includes a juvenile court finding of jurisdiction based on ORS 419C.005. [1991 c.669 §4; 1993 c.33 §319; 1993 c.469 §4; 1999 c.97 §3; 2001 c.852 §3; 2005 c.708 §51; 2007 c.867 §7]

Note: 181.085 was added to and made a part of ORS chapter 181 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

181.090 Headquarters and patrol stations. (1) The Superintendent of State Police may establish headquarters and patrol stations at such places as the superintendent considers advisable for the patrol and protection of this state and the enforcement of the laws.

(2) For purposes of this section, the superintendent may use lands and buildings for the accommodation of members of the state police and their vehicles and equipment. [Amended by 1971 c.467 §21; 2011 c.547 §7]

181.100 Organization of work of department. The Superintendent of State Police shall, so far as in the judgment of the superintendent it is practicable and expedient so to do, organize the work of the Department of State Police so that:

(1) The various duties required of the department may be assigned to appropriate departments, to be performed by persons experienced and qualified for such respective kinds of work.

(2) The duties of the various officers and police of the superintendent are coordinated so that when not engaged in a particular duty specified or directed to be done or not then requiring attention such officers and police shall perform the other duties required of the department and then required to be done.

(3) The cooperation of other officers and police may be secured for the purposes of avoiding duplication of time and effort.

181.110 Distribution of police throughout state. The Superintendent of State Police shall distribute the state police throughout the various sections of the state where they will be most efficient in carrying out the purposes of the Department of State Police to preserve the peace, to enforce the law and to prevent and detect crime.

181.120 Standard uniform for state police. (1) The State of Oregon shall provide the members of the state police with standard uniforms.

(2) The Superintendent of State Police shall specify a standard pattern and distinctive design for the uniforms required under this section. [Amended by 1971 c.467 §7; 1979 c.30 §1; 2011 c.547 §8]

181.130 Service without wearing uniform. The Superintendent of State Police may direct members of the state police to serve without wearing uniform when, in the judgment of the superintendent, serving without uniform makes law enforcement more efficient. [Amended by 1971 c.467 §8; 2011 c.547 §9]

181.140 Wearing uniforms by other persons prohibited. (1) No person other than a member of the Oregon State Police shall wear, use or order to be worn or used, copy or imitate in any respect or manner the standard uniforms specified in ORS 181.120.

(2) As used in this section, “person” includes agents, officers and officials elected or appointed by any municipality or county.

181.150 Supplies and equipment of state police. (1) The State of Oregon shall provide the members of the state police with emergency outfits, weapons and motor vehicles and all other emergency and first-aid supplies and equipment necessary to carry out the public safety functions of the Department of State Police.

(2)(a) The property described in subsection (1) of this section remains the property of this state with the exception of a retiring or deceased officer’s department-issued service weapon, which may be sold by the department to the officer or, in the case of a deceased officer, to a member of the officer’s family, upon the officer’s retirement or death, and the officer’s badge, which may be given to the officer or, in the case of a deceased officer, to a member of the deceased officer’s family, upon the officer’s retirement or death.

(b) A service weapon sold pursuant to this subsection must be sold for its fair market value.

(c) A badge given to an officer or an officer’s family member pursuant to this subsection must be marked to indicate the officer’s retirement status and may not be used for official police identification other than as a memento of service to the department.

(3) Surplus, obsolete or unused property, supplies or equipment must be disposed of by the Oregon Department of Administrative Services as provided in ORS 279A.280.

(4)(a) For purposes of ORS chapters 279A and 279B, the sale of a service weapon to a retiring officer by the department is not a public contract and is not subject to the competitive bidding requirements of ORS chapters 279A and 279B.

(b) The provisions of ORS 166.412 do not apply to transfers of firearms pursuant to this section. [Amended by 1955 c.148 §1; 1971 c.467 §9; 1985 c.281 §1; 1989 c.839 §28; 1995 c.729 §10; 2003 c.794 §202; 2011 c.547 §10]

181.160 [Repealed by 1955 c.260 §3]

181.170 [Repealed by 2011 c.547 §48]

181.175 State Police Account; subaccount; uses. (1) There is established in the General Fund of the State Treasury an account to be known as the State Police Account. All moneys received by the Department of State Police shall be paid to the credit of the State Police Account, and such moneys are continuously appropriated for the payment of expenses of the Department of State Police.

(2) There is established a subaccount in the State Police Account consisting of all moneys, revenue and income described in ORS 463.220. All moneys in the subaccount are appropriated continuously to the Department of State Police to carry out the provisions of ORS chapter 463. [1971 c.277 §2; 1979 c.541 §4; 1981 c.881 §3; 1993 c.742 §140a; 1993 c.744 §216b]

181.180 Petty cash account. The Superintendent of State Police shall establish a petty cash account from the appropriation for carrying out the functions of the Department of State Police in the amount of $25,000 and shall authorize designated commissioned officers to make disbursements from such account in all cases where it may be necessary to make an immediate cash payment for transportation expenses, accessories and repairs to motor vehicles, board and lodging, immediate medical and veterinary supplies, telephone and imperative supplementary supplies. Upon presentation to the Oregon Department of Administrative Services of duly approved vouchers for moneys so expended from the petty cash account or fund, the account or fund shall be reimbursed to the amount of vouchers submitted. [Amended by 1985 c.478 §5]

181.190 Commanding assistance of citizens. All members of the state police may direct and command the assistance of any able-bodied citizen of the United States to aid, when necessary, to maintain law and order. When so called, any person shall, during the time the assistance of the person is required, be considered a member of the state police and subject to ORS 181.010 to 181.560 and 181.715 to 181.730. [Amended by 1971 c.467 §10]

181.200 Superintendent of State Police; appointment; confirmation; removal. The Superintendent of State Police shall be the executive and administrative head of the Department of State Police. Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint the superintendent for a term of four years. The Governor may remove the superintendent for inefficiency or malfeasance in office after charges have been preferred and a hearing granted. [Amended by 1971 c.467 §11; 1973 c.792 §1]

181.210 Oath of superintendent and deputy superintendent. Before assuming their duties, the Superintendent of State Police and the Deputy Superintendent of State Police shall take and subscribe an oath of office as prescribed by ORS 181.390. [Amended by 1971 c.467 §13; 2011 c.547 §11]

181.220 Appointment of Deputy Superintendent of State Police. (1) The Superintendent of State Police may, with the approval of the Governor as to person and salary, appoint a Deputy Superintendent of State Police.

(2) The deputy superintendent must have served as a captain or in higher rank in the Oregon State Police not less than one year prior to appointment as deputy superintendent. [Amended by 1971 c.467 §12; 2011 c.547 §12]

181.230 [Repealed by 1971 c.467 §26]

181.240 Powers and duties of deputy superintendent. The Deputy Superintendent of State Police shall:

(1) Act as the head of the Department of State Police in the absence or incapacity of the Superintendent of State Police; and

(2) Perform such duties as the superintendent prescribes. [Amended by 2011 c.547 §13]

181.250 Oregon State Police. The Superintendent of State Police shall:

(1) Appoint a state police force to be known as the Oregon State Police, consisting of commissioned officers, noncommissioned officers and troopers;

(2) Arrange for the examination and enlistment of applicants to the state police; and

(3) Establish ranks or grades in the state police. [Amended by 1971 c.467 §6; 2011 c.547 §14]

181.260 Qualifications for appointment and reappointment of state police; special officers; neighboring states. (1) A person appointed a member of the state police must be:

(a) A citizen of the United States.

(b) Of good health and good moral character.

(2)(a) Except as provided in paragraph (b) of this subsection, a person may not be appointed a member of the state police if the person has not established satisfactory evidence of qualifications by passing a physical examination based on the standard provided by the rules and regulations of the United States Army and such psychological testing and mental examinations as the Superintendent of State Police considers necessary as a condition of employment.

(b) When, in the judgment of the superintendent, the good of the state police requires it, the superintendent may waive the physical standard described in paragraph (a) of this subsection.

(3) A member who voluntarily withdraws from the state police without the consent of the superintendent and members removed from the state police for cause are ineligible for reappointment, except as expressly authorized by the superintendent.

(4) The superintendent may appoint police officers from a neighboring state to serve as special state police officers subject to the following conditions:

(a) The officers are appointed for the limited purpose of providing assistance to the Oregon State Police in law enforcement emergencies and major operations in Oregon in areas near the Oregon border with the neighboring state.

(b) The officers are police officers certified by the neighboring state.

(d) There is a reciprocal agreement pursuant to which the Superintendent of State Police authorizes a member of the Oregon State Police to assist the neighboring state’s police officers under the same criteria in the neighboring state in areas near the Oregon border with the neighboring state.

(5) The Superintendent of State Police is authorized to enter into reciprocal agreements with state law enforcement agencies in neighboring states for the purpose of providing assistance to the Oregon State Police and the state law enforcement agency in the neighboring state in carrying out major operations and responding to law enforcement emergencies in areas near the Oregon border with the neighboring state. [Amended by 1985 c.411 §1; 1993 c.594 §5; 2011 c.547 §15]

181.263 Appointment of employees of department as special state police officers. (1) Notwithstanding ORS 181.260, the Superintendent of State Police may appoint employees of the Department of Corrections as special state police officers if the superintendent deems it necessary or advisable to assist the Department of Corrections in the discharge of the Department of Corrections’ medical transport functions and duties. To be eligible for appointment under this subsection, an employee must be currently certified as a corrections officer under ORS 181.610 to 181.712. The superintendent and the Department of Corrections shall enter into an intergovernmental agreement that specifies the terms, conditions and duration of appointments made under this subsection.

(2) A person appointed as a special state police officer under subsection (1) of this section may not receive any separate or additional compensation from the Department of State Police for performance of the person’s duties. [2001 c.435 §1]

Note: 181.263 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

181.265 [1971 c.467 §25b; 1977 c.258 §1; 1993 c.594 §2; repealed by 2011 c.547 §48]

181.270 [Amended by 1953 c.50 §4; 1955 c.704 §1; 1957 c.674 §1; 1959 c.677 §1; 1961 c.493 §2; 1963 c.572 §54; repealed by 1965 c.14 §2 (181.271 enacted in lieu of 181.270)]

181.271 Salaries of state police. The salaries of members of the Oregon State Police shall be fixed in the same manner as the salaries of other officers and employees in the unclassified service pursuant to ORS 240.240. [1965 c.14 §3 (enacted in lieu of 181.270); 1971 c.467 §14]

181.280 Instruction; rules and regulations for discipline and control. The Superintendent of State Police shall:

(1) Provide the necessary preliminary and subsequent instruction to recruits and troopers as to their duties as police officers of the state.

(2) Make rules and regulations for the discipline and control of the state police. [Amended by 1971 c.467 §15]

181.290 [Amended by 1971 c.467 §16; repealed by 2011 c.547 §48]

181.300 [Amended by 1971 c.467 §17; repealed by 2011 c.547 §48]

181.310 [Amended by 1971 c.467 §18; repealed by 2011 c.547 §48]

181.320 [Amended by 1971 c.467 §19; repealed by 2011 c.547 §48]

181.330 [Amended by 1989 c.980 §10; repealed by 2011 c.547 §48]

181.340 [Amended by 1971 c.467 §20; repealed by 2011 c.547 §48]

181.350 [Amended by 1979 c.772 §14; repealed by 2011 c.547 §48]

181.360 [Amended by 1971 c.467 §24; 2001 c.870 §13; repealed by 2011 c.547 §48]

181.370 [Repealed by 1971 c.467 §26]

181.380 [Repealed by 1971 c.467 §26]

181.390 Oath of members of state police. Each member of the Oregon State Police shall take and subscribe to an oath of office to support the Constitution and laws of the United States and of the State of Oregon, and to honestly and faithfully perform the duties imposed upon the member under the laws of Oregon. The oath of the Superintendent of State Police and Deputy Superintendent of State Police shall be filed with the Secretary of State, and the oaths of all other members with the superintendent. [Amended by 1971 c.467 §5]

181.400 Interference with personal and property rights of others. No member of the state police shall in any way interfere with the rights or property of any person, except for the prevention of crime, or the capture or arrest of persons committing crimes. [Amended by 1971 c.467 §25; 1991 c.145 §1]

181.410 Records and reports of activities and time spent in performance of duties. The Oregon State Police shall:

(1) Keep records of the activities engaged in and the time spent in the performance of their duties; and

(2) Report the activities and time to the Superintendent of State Police at such times as the superintendent directs. [Amended by 1957 c.521 §4; 1959 c.480 §3; 2011 c.547 §16]

181.415 [1967 c.194 §1; repealed by 1977 c.249 §1]

181.420 [Amended by 1957 c.7 §1; repealed by 1971 c.743 §432]

181.440 Eligibility of towing business to be placed on department list; rules. The Superintendent of State Police may make rules governing the eligibility of towing businesses to be placed and remain on any list of such businesses used by the Department of State Police when it requests towing services on behalf of any person. [1987 c.112 §2]

(Temporary provisions relating to authorized tribal police officers)

Note: Sections 1 to 4 and 58, chapter 644, Oregon Laws 2011, provide:

Sec. 1. As used in sections 1 to 4 of this 2011 Act:

(1) “Authorized tribal police officer” means a tribal police officer who is acting:

(a) In accordance with sections 1 to 4 of this 2011 Act; and

(b) While employed by a tribal government that is in compliance with sections 1 to 4 of this 2011 Act.

(2) “Indian country” has the meaning given that term in 18 U.S.C. 1151.

(3) “Tribal government” means a federally recognized sovereign tribal government whose borders lie within this state or an intertribal organization formed by two or more of those governments.

(4) “Tribal police officer” means an employee of a tribal government whose duties include the enforcement of criminal law. [2011 c.644 §1]

Note: The amendments to section 1, chapter 644, Oregon Laws 2011, by section 7, chapter 644, Oregon Laws 2011, become operative July 1, 2013. See section 8, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2013, is set forth for the user’s convenience.

Sec. 1. As used in sections 1 to 4 of this 2011 Act:

(1) “Authorized tribal police officer” means a tribal police officer who is acting:

(a) In accordance with sections 1 to 4 of this 2011 Act; and

(b) While employed by a tribal government that is in compliance with sections 1 to 4 of this 2011 Act.

(2) “Tribal government” means a federally recognized sovereign tribal government whose borders lie within this state or an intertribal organization formed by two or more of those governments.

(3) “Tribal police officer” means an employee of a tribal government whose duties include the enforcement of criminal law.

Sec. 2. A tribal police officer is eligible to act as an authorized tribal police officer if the officer:

(1) Is acting within the scope of employment as a tribal police officer;

(2) Is certified as a police officer under the provisions of ORS 181.610 to 181.712;

(3) Is in compliance with any rules adopted by the Department of Public Safety Standards and Training under sections 1 to 4 of this 2011 Act; and

(4) Is employed by a tribal government that:

(a) Is in compliance with the requirements of ORS 181.610 to 181.712 applicable to a law enforcement unit as defined in ORS 181.610;

(b) Is in compliance with sections 1 to 4 of this 2011 Act and any rules adopted by the department under sections 1 to 4 of this 2011 Act;

(d) Has adopted a provision of tribal law:

(A) That requires the tribal government to participate in, and be bound by, a deadly physical force plan approved under ORS 181.781 to 181.796, to the same extent that the county sheriff is required to participate in, and be bound by, the plan;

(B) That requires the tribal government to retain records related to the exercise of the authority granted to authorized tribal police officers under sections 1 to 4 of this 2011 Act in a manner substantially similar to the manner in which the provisions of ORS 192.005 to 192.170 require the Department of State Police to retain public records;

(C) That provides members of the public with the right to inspect records of the tribal government related to the exercise of the authority granted to authorized tribal police officers under sections 1 to 4 of this 2011 Act in a manner substantially similar to the manner in which the provisions of ORS 192.410 to 192.505 provide members of the public with the right to inspect public records of the Department of State Police;

(D) That requires the tribal government to preserve biological evidence in a manner substantially similar to sections 2 to 6, chapter 275, Oregon Laws 2011 [133.705 to 133.717], when the biological evidence:

(i) Is collected as part of a criminal investigation, conducted by an authorized tribal police officer, into a covered offense as defined in section 2, chapter 275, Oregon Laws 2011 [133.705]; or

(ii) Is otherwise in the possession of the tribal government and reasonably may be used to incriminate or exculpate any person for a covered offense as defined in section 2, chapter 275, Oregon Laws 2011; and

(E) That waives sovereign immunity, in a manner similar to the waiver expressed in ORS 30.260 to 30.300, as to tort claims asserted in the tribal government’s court that arise from the conduct of an authorized tribal police officer. The waiver described in this subparagraph:

(i) Must apply to the conduct of an authorized tribal police officer that occurs while the provision of tribal law is in effect;

(ii) Must allow for recovery against the tribal government in an amount equal to or greater than the amounts described in ORS 30.260 to 30.300 that are applicable to a local public body;

(iii) May require that the claim be asserted in accordance with any applicable tort claims procedures of the tribal government; and

(iv) May exclude claims that could be brought in federal court under the Federal Tort Claims Act; and

(e) Has adopted or is exempt from adopting, in accordance with this paragraph, a written pretrial discovery policy that describes how a tribal government and its authorized tribal police officers will assist the district attorney, in criminal prosecutions conducted in state court in which an authorized tribal police officer arrested or cited the defendant, in meeting the pretrial discovery obligations imposed on the state by ORS 135.805 to 135.873. The process for adopting, and determining whether a tribal government is exempt from adopting, a written pretrial discovery policy is as follows:

(A) A tribal government may request in writing that the sheriff of a county with land that is contiguous to the land of the tribal government provide the tribal government with a copy of any written pretrial discovery policy adopted by the sheriff that describes how the sheriff’s office assists the district attorney in meeting the pretrial discovery obligations imposed by ORS 135.805 to 135.873. Not later than 30 days after receiving the request, the sheriff shall provide the tribal government with a copy of the policy or notify the tribal government that the sheriff has not adopted the policy.

(B) If a tribal government fails to submit a written request to each sheriff of a county that is contiguous to the land of the tribal government or if each sheriff has adopted a written pretrial discovery policy described in subparagraph (A) of this paragraph, the tribal government shall, not later than 90 days after the effective date of this 2011 Act [July 22, 2011], adopt a written pretrial discovery policy.

(C) A tribal government may create and adopt a written pretrial discovery policy or may adopt the written pretrial discovery policy adopted by the sheriff of a county with land that is contiguous to the land of the tribal government.

(D) If the sheriff of any county with land that is contiguous to the land of the tribal government has not, on the date the sheriff receives a request described in subparagraph (A) of this paragraph, adopted a written pretrial discovery policy, the tribal government is exempt from adopting a written pretrial discovery policy. [2011 c.644 §2]

Sec. 3. (1) The Legislative Assembly finds and declares that the purpose of sections 1 to 4 of this 2011 Act is to provide authorized tribal police officers with a limited ability to exercise the powers of, and to receive the same authority and protections provided to, law enforcement officers under the laws of this state, without incurring any additional costs or loss of revenue to the State of Oregon or a political subdivision of the State of Oregon.

(2) Notwithstanding section 2 of this 2011 Act, a tribal police officer may not act as an authorized tribal police officer outside of Indian country, unless the officer:

(a) Is investigating an offense alleged to have been committed within Indian country;

(b) Leaves Indian country in fresh pursuit as defined in ORS 133.420;

(d) Has received the express approval of a law enforcement agency having jurisdiction over the geographic area in which the tribal police officer is acting.

(3) When an authorized tribal police officer issues a citation for the commission of an offense for which the State of Oregon has jurisdiction and the tribal government employing the officer does not have jurisdiction, the citation must:

(a) Summon the person cited to appear in the circuit court of the county in which the offense was committed; and

(b) Be submitted to the district attorney of the county in which the offense was committed.

(4) A tribal government that employs tribal police officers may submit to the Department of Public Safety Standards and Training a resolution declaring that the tribal government is self-insured or has purchased and maintains in force:

(a) Public liability and property damage insurance for vehicles operated by authorized tribal police officers; and

(b) Police professional liability insurance from a company licensed to sell insurance in this state.

(5) The tribal government shall attach the following documents to the resolution submitted to the department under subsection (4) of this section:

(a) A declaration that the tribal government has complied with the requirements of sections 1 to 4 of this 2011 Act; and

(b)(A) A full copy of the public liability and property damage insurance policy for vehicles operated by the tribal government’s authorized tribal police officers and a full copy of the police professional liability insurance policy from a company licensed to sell insurance in this state; or

(B) A description of the tribal government’s self-insurance program.

(6) A self-insurance program or insurance policy described in subsections (4) and (5) of this section must provide:

(a) That the self-insurance program or insurance policy is available to satisfy settlements and judgments arising from the tortious conduct of authorized tribal police officers in an amount equal to or greater than the amounts described in ORS 30.260 to 30.300 that are applicable to a local public body; and

(b) That the tribal government and the insurance carrier will not raise the defense of sovereign immunity for claims that are asserted in the tribal government’s court and involve the tortious conduct of an authorized tribal police officer, provided that the claims:

(A) Are asserted in accordance with any applicable tort claims procedures of the tribal government; and

(B) Could not be brought in federal court under the Federal Tort Claims Act.

(7) If, after submitting the resolution and documents described in subsections (4) and (5) of this section, there is a material change in the tribal government’s self-insurance program or insurance policy, the tribal government shall file with the department a written description of the change within 30 days of the effective date of the change.

(8) The department shall maintain a file of submissions made by tribal governments under this section. The department shall permit inspection and copying of the submissions in accordance with ORS 192.410 to 192.505.

(9) For purposes of ORS 30.260 to 30.300, an authorized tribal police officer is not an officer, employee or agent of the State of Oregon or of any other public body as defined in ORS 174.109. A public body or an officer, employee or agent of a public body is not liable for certifying a tribal police officer under ORS 181.610 to 181.712, for accepting for filing the resolution and documents described in subsections (4) and (5) of this section or for the acts or omissions of an authorized tribal police officer.

(10) Nothing in sections 1 to 4 of this 2011 Act:

(a) Affects the authority of a county sheriff to appoint duly commissioned police officers as deputy sheriffs authorized to enforce the criminal and traffic laws of the State of Oregon;

(b) Affects the existing status and sovereignty of tribal governments whose traditional lands and territories lie within the borders of the State of Oregon as established under the laws of the United States; or

(c) Authorizes a tribal government to receive funds from, or in lieu of, the State of Oregon or a political subdivision of the State of Oregon.

(11) A tribal government or tribal police department is not a seizing agency for purposes of ORS 131.550 to 131.600 or ORS chapter 131A.

(12) The department may adopt rules to carry out the provisions of sections 1 to 4 of this 2011 Act and shall require tribal governments that employ authorized tribal police officers to reimburse the department for any costs incurred in carrying out the provisions of sections 1 to 4 of this 2011 Act. [2011 c.644 §3]

Note: The amendments to section 3, chapter 644, Oregon Laws 2011, by section 6, chapter 644, Oregon Laws 2011, become operative July 1, 2013. See section 8, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2013, is set forth for the user’s convenience.

Sec. 3. (1) The Legislative Assembly finds and declares that the purpose of sections 1 to 4 of this 2011 Act is to provide authorized tribal police officers with the ability to exercise the powers of, and to receive the same authority and protections provided to, law enforcement officers under the laws of this state, without incurring any additional costs or loss of revenue to the State of Oregon or a political subdivision of the State of Oregon.

(2) When an authorized tribal police officer issues a citation for the commission of an offense for which the State of Oregon has jurisdiction and the tribal government employing the officer does not have jurisdiction, the citation must:

(a) Summon the person cited to appear in the circuit court of the county in which the offense was committed; and

(b) Be submitted to the district attorney of the county in which the offense was committed.

(3) A tribal government that employs tribal police officers may submit to the Department of Public Safety Standards and Training a resolution declaring that the tribal government is self-insured or has purchased and maintains in force:

(a) Public liability and property damage insurance for vehicles operated by authorized tribal police officers; and

(b) Police professional liability insurance from a company licensed to sell insurance in this state.

(4) The tribal government shall attach the following documents to the resolution submitted to the department under subsection (3) of this section:

(a) A declaration that the tribal government has complied with the requirements of sections 1 to 4 of this 2011 Act; and

(B) A description of the tribal government’s self-insurance program.

(5) A self-insurance program or insurance policy described in subsections (3) and (4) of this section must provide:

(A) Are asserted in accordance with any applicable tort claims procedures of the tribal government; and

(B) Could not be brought in federal court under the Federal Tort Claims Act.

(6) If, after submitting the resolution and documents described in subsections (3) and (4) of this section, there is a material change in the tribal government’s self-insurance program or insurance policy, the tribal government shall file with the department a written description of the change within 30 days of the effective date of the change.

(7) The department shall maintain a file of submissions made by tribal governments under this section. The department shall permit inspection and copying of the submissions in accordance with ORS 192.410 to 192.505.

(8) For purposes of ORS 30.260 to 30.300, an authorized tribal police officer is not an officer, employee or agent of the State of Oregon or of any other public body as defined in ORS 174.109. A public body or an officer, employee or agent of a public body is not liable for certifying a tribal police officer under ORS 181.610 to 181.712, for accepting for filing the resolution and documents described in subsections (3) and (4) of this section or for the acts or omissions of an authorized tribal police officer.

(9) Nothing in sections 1 to 4 of this 2011 Act:

(a) Affects the authority of a county sheriff to appoint duly commissioned police officers as deputy sheriffs authorized to enforce the criminal and traffic laws of the State of Oregon;

(c) Authorizes a tribal government to receive funds from, or in lieu of, the State of Oregon or a political subdivision of the State of Oregon.

(10) A tribal government or tribal police department is not a seizing agency for purposes of ORS 131.550 to 131.600 or ORS chapter 131A.

(11) The department may adopt rules to carry out the provisions of sections 1 to 4 of this 2011 Act and shall require tribal governments that employ authorized tribal police officers to reimburse the department for any costs incurred in carrying out the provisions of sections 1 to 4 of this 2011 Act.

Sec. 4. (1) Not later than 90 days after the effective date of this 2011 Act [July 22, 2011], the Superintendent of State Police, the sheriff of any county with land that is contiguous to the land of a tribal government, or the chief executive officer of any other local law enforcement unit whose political boundaries are contiguous to the land of a tribal government, may submit a written application requesting that the tribal government authorize nontribal police officers employed by the applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land. The application shall be addressed to the tribal government and shall propose terms and conditions under which the nontribal police officers employed by the applicant would be eligible to exercise all or a portion of the powers of a tribal police officer while on tribal lands. The application:

(a) Must name each proposed nontribal police officer employed by the applicant;

(b) Must describe how the nontribal police officers employed by the applicant will comply with requirements established by the tribal government that are substantially similar to the requirements necessary for a tribal police officer to act as an authorized tribal police officer under sections 1 to 4 of this 2011 Act;

(c) Must describe how the political entity that employs the nontribal police officers will comply with requirements established by the tribal government that are substantially similar to the requirements necessary for a tribal government to employ authorized tribal police officers under sections 1 to 4 of this 2011 Act;

(d) May propose that the tribal government authorize nontribal police officers employed by the applicant to enforce state or tribal law while on tribal lands;

(e) May propose that the tribal government adopt provisions of state criminal law into the tribal code; and

(f) Must indicate that the nontribal police officers employed by the applicant will complete, before exercising all or a portion of the powers of a tribal police officer while on tribal land, any training and educational prerequisites specified by the tribal government, including instruction in the tribal government’s history, culture, sovereign authority, tribal code and court procedures.

(2) When a citation for the commission of a tribal offense is issued by a nontribal police officer employed by an applicant and authorized by a tribal government to exercise all or a portion of the powers of a tribal police officer as to tribal members suspected of committing violations of tribal law while on tribal land, the citation must:

(a) Summon the person cited to appear in the tribal court of the tribal government on whose lands the offense was committed; and

(b) Be submitted to the prosecutor of the tribal government on whose lands the tribal offense was committed.

(3)(a) A tribal government may adopt a provision of tribal law providing that, for purposes of the Tort Claims Act of the tribal government, a nontribal police officer employed by an applicant and authorized by a tribal government to exercise all or a portion of the powers of a tribal police officer while on tribal land is not an officer, employee or agent of the tribal government.

(b) Unless the law of the tribal government provides otherwise, a tribal government is not liable for authorizing a nontribal police officer employed by an applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land or for the acts or omissions of a nontribal police officer authorized under this section.

(4) Nothing in this section:

(a) Affects the authority of the tribal government to appoint any person as a tribal police officer for any purpose;

(b) Affects the existing status and sovereignty of the State of Oregon or the tribal government; or

(c) Authorizes the State of Oregon or any of its political subdivisions to receive funds from, or in lieu of, a tribal government.

(5) A tribal government that authorizes a nontribal police officer employed by an applicant to exercise all or a portion of the powers of a tribal police officer while on tribal land may require the applicant to reimburse the tribal government for any costs incurred in carrying out the provisions of this section.

(6)(a) A tribal government that employs, or seeks to employ, authorized tribal police officers under sections 1 to 4 of this 2011 Act, no later than 90 days after receiving an application under subsection (1) of this section, or within such additional time as the tribal government determines is appropriate, shall accept, accept with modifications or reject an application filed under this section.

(b) Before acting on an application, a tribal government that employs, or seeks to employ, authorized tribal police officers shall engage in good faith consultation with the applicant concerning the terms and conditions of the proposed authorization of nontribal police officers.

(7)(a) If the tribal government rejects the application, or accepts the application with modifications that are rejected by the applicant:

(A) The applicant and a tribal government that employs, or seeks to employ, authorized tribal police officers shall, from the date of rejection until June 1, 2012, collect individualized data on the frequency of instances known to the applicant or the tribal government in which nontribal police officers employed by the applicant encountered, but were forced to release without further action due to a lack of legal authority, persons suspected of committing violations of the law while on tribal lands;

(B) The applicant shall promptly report any such instance to the tribal government and the tribal government shall promptly report any such instance to the applicant;

(C) The applicant and tribal government shall classify the suspected offenses according to their potential to endanger public safety; and

(D) The tribal government and applicant shall engage in good faith consultation concerning the collection and classification of data; and

(b) No later than September 1, 2013, the tribal government shall report to the Legislative Assembly, in the manner provided in ORS 192.245, on the data collected under paragraph (a) of this subsection. The tribal government and the applicant shall engage in good faith consultation concerning the contents of the report. [2011 c.644 §4]

Sec. 58. (1) Sections 1 to 4 of this 2011 Act are repealed on July 1, 2015.

(2) The amendments to ORS 40.275, 90.440, 133.005, 133.525, 133.721, 133.726, 136.595, 147.425, 153.005, 161.015, 163.730, 165.535, 181.010, 181.610, 181.781, 181.783, 181.796, 348.270, 414.805, 419B.902, 420.905, 801.395, 811.720 and 830.005 by sections 37 to 57 and 69 to 75 of this 2011 Act become operative on July 1, 2015.

(3) The repeal of sections 1 to 4 of this 2011 Act by subsection (1) of this section and the amendments to ORS 40.275, 90.440, 133.005, 133.525, 133.721, 133.726, 136.595, 147.425, 153.005, 161.015, 163.730, 165.535, 181.010, 181.610, 181.781, 181.783, 181.796, 348.270, 414.805, 419B.902, 420.905, 801.395, 811.720 and 830.005 by sections 37 to 57 and 69 to 75 of this 2011 Act:

(a) Return the law applicable to tribal police officers to the state in which the law existed on the date immediately before the effective date of this 2011 Act [July 22, 2011]; and

(b) Do not deprive tribal police officers of any power, authority or protection provided to tribal police officers by law on the date immediately before the effective date of this 2011 Act. [2011 c.644 §58; 2011 c.644 §77]

181.450 [1989 c.725 §2; repealed by 2011 c.547 §48]

181.455 [1989 c.725 §4; repealed by 2011 c.547 §48]

181.460 [1989 c.725 §5; repealed by 2011 c.547 §48]

181.465 [1989 c.725 §3; repealed by 2011 c.547 §48]

181.470 [1989 c.725 §6; repealed by 2011 c.547 §48]

181.475 [1989 c.725 §7; repealed by 2011 c.547 §48]

181.480 [1989 c.725 §8; repealed by 2011 c.547 §48]

181.485 [1989 c.725 §9; repealed by 2011 c.547 §48]

181.490 [1989 c.725 §10; repealed by 2011 c.547 §48]

181.495 [Formerly 184.413; repealed by 2011 c.547 §48]

181.496 [Formerly 184.415; repealed by 2011 c.547 §48]

181.497 [Formerly 184.417; repealed by 2011 c.547 §48]

MISSING PERSONS CLEARINGHOUSE

181.505 Establishment and maintenance of missing persons clearinghouse. (1) The Oregon State Police shall establish and maintain a missing children and adults clearinghouse that receives from and distributes to local law enforcement agencies, school districts, state and federal agencies and the general public information regarding missing children and adults.

(2) The information shall include technical and logistical assistance, pictures, bulletins, training sessions, reports and biographical materials that assist local efforts to locate missing children and adults.

(3) The Oregon State Police shall maintain a regularly updated computerized link with national and other statewide missing person reporting systems or clearinghouses. [1989 c.1059 §1; 2007 c.500 §8]

Note: 181.505 and 181.506 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

181.506 Duties of administrator of clearinghouse. The administrator of the missing children and adults clearinghouse established pursuant to ORS 181.505 shall:

(1) Provide information and training to local law enforcement agencies and child welfare agencies and to other state agencies having child welfare duties.

(2) Appoint an advisory committee consisting of persons with interest and training related to missing children and adults to advise the administrator on operation of the clearinghouse and to serve without compensation or expense reimbursement.

(3) Seek public and private grants and gifts for purposes of the clearinghouse and the duties required by this section.

(4) Maintain a 24-hour hotline to receive and provide information on missing children and adults. [1989 c.1059 §2; 2007 c.500 §9]

Note: See note under 181.505.

181.507 [1993 c.807 §1; renumbered 181.585 in 1995]

181.508 [1993 c.807 §2; renumbered 181.586 in 1995]

181.509 [1993 c.807 §3; renumbered 181.587 in 1995]

181.510 [1963 c.547 §3; repealed by 1975 c.548 §4 (181.511 enacted in lieu of 181.510)]

CRIME REPORTING

181.511 Fingerprints, identifying data, disposition report required upon arrest. (1) Immediately upon the arrest of a person for a crime for which criminal offender information must be provided under ORS 181.515, a law enforcement agency shall:

(a) Place the arrested person’s fingerprints and identifying data on forms prescribed or furnished by the Department of State Police, photograph the arrested person and promptly transmit the form and photograph to the department.

(b) If the arrest is disposed of by the arresting agency, cause the disposition report to be completed and promptly transmitted to the department.

(c) If the arrest is not disposed of by the agency, cause the disposition report to be forwarded to the court that will dispose of the charge for further action in accordance with ORS 181.521.

(2) A law enforcement agency may record, in addition to fingerprints, the palm prints, sole prints, toe prints or other personal identifiers when, in the discretion of the agency, it is necessary to effect identification of the persons or to the investigation of the crime charged.

(3) A law enforcement agency, for the purpose of identification, may record and submit to the department the fingerprints of persons arrested for crimes for which criminal offender information is not required under ORS 181.515. [1975 c.548 §5 (enacted in lieu of 181.510); 1983 c.763 §55; 1987 c.475 §6; 1987 c.553 §1; 2007 c.71 §55; 2011 c.547 §17]

181.515 Crimes for which criminal offender information is required. The following crimes are crimes for which criminal offender information must be provided:

(1) Any felony;

(2) Any misdemeanor or other offense which involves criminal sexual conduct; or

(3) Any crime which involves a violation of the Uniform Controlled Substances Act. [1987 c.475 §4]

181.517 [1989 c.984 §1; 1991 c.386 §10; 1991 c.389 §1; 1993 c.147 §1; 1995 c.422 §59; 1995 c.429 §1; 1995 c.768 §11; renumbered 181.594 in 1995]

181.518 [1989 c.984 §2; 1991 c.389 §2; 1993 c.147 §2; 1995 c.422 §60; renumbered 181.595 in 1995]

181.519 [1989 c.984 §3; 1991 c.389 §3; 1993 c.147 §3; 1995 c.422 §61; renumbered 181.596 in 1995]

181.520 [1963 c.547 §4; repealed by 1975 c.548 §6 (181.521 enacted in lieu of 181.520)]

181.521 Transmittal of disposition report. When a court receives a disposition report from a law enforcement agency pursuant to ORS 181.511, the court shall transmit disposition information to the Department of State Police in a manner and format determined by the State Court Administrator after consultation with the department. [1975 c.548 §6a (enacted in lieu of 181.520); 1983 c.763 §56; 1987 c.553 §2; 2007 c.71 §56; 2011 c.547 §18]

181.525 Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education. Whenever any court or district attorney receives a disposition report and the court or district attorney has cause to believe that the arrested person who is the subject of the report is an employee of a school district or is licensed as a school teacher or administrator and that the charge involves a violation of any crime listed in ORS 342.143 (3), the court or district attorney shall cause the Teacher Standards and Practices Commission and the Department of Education to be sent a copy of the completed disposition report. [1987 c.503 §4; 1993 c.674 §2; 2009 c.386 §2]

181.530 Report of release or escape from state institution of certain inmates. (1)(a) The superintendent of any institution of this state shall notify the Department of State Police prior to the release or immediately after the escape from the institution of any person committed to the institution for a crime for which a report is required or under civil commitment as a sexually dangerous person.

(b) The notice required under this subsection must state the name of the person to be released or who has escaped, the county in which the person was convicted or from which the person was committed and, if known, the address or locality at which the person will reside.

(2) Promptly upon receipt of the notice required under subsection (1) of this section, the department shall notify all law enforcement agencies in the county in which the person was convicted or from which the person was committed and in the county, if known, in which the person will reside. [1963 c.547 §5; 2007 c.71 §57; 2011 c.547 §19]

181.533 Criminal records check; qualified entities; rules; fees. (1) As used in this section:

(a) “Authorized agency” means the Department of State Police or other governmental agency designated by the State of Oregon to report, receive or disseminate criminal offender information.

(b) “Qualified entity” means a business or organization that:

(A) Provides care or placement services, or licenses or certifies others to provide care or placement services, for children, elderly persons or dependent persons;

(B) Is not governed by a state regulatory or licensing agency; and

(C) Has been determined by an authorized agency to meet the criteria established by the authorized agency by rule under subsection (9) of this section.

(c) “Subject individual” means a person who is employed or seeks to be employed by a qualified entity or who is providing services or seeks to provide services to a qualified entity on a contractual or volunteer basis.

(2) An entity may request from an authorized agency a criminal records check for purposes of evaluating the fitness of a subject individual as an employee, contractor or volunteer. The authorized agency may access state and federal criminal records under this subsection only through use of the subject individual’s fingerprints.

(3) Before an authorized agency may conduct a criminal records check under this section:

(a) The authorized agency must determine whether the entity requesting the criminal records check is a qualified entity;

(b) The qualified entity must establish criteria to be used by the authorized agency in reviewing the criminal offender information for a final record check determination;

(c) The qualified entity must provide the criteria established under paragraph (b) of this subsection to the authorized agency; and

(d) The qualified entity must have informed the subject individual that the qualified entity might request a fingerprint-based criminal records check and that the subject individual may obtain a copy of the record check report from, or challenge the accuracy or completeness of the record check report through, the authorized agency or the Federal Bureau of Investigation.

(4)(a) Upon receipt of a subject individual’s criminal offender information, the authorized agency shall make a final record check determination by comparing the criminal offender information with the criteria provided to the authorized agency by the qualified entity under subsection (3)(c) of this section. In making the final record check determination, the authorized agency may consider only information that the Department of State Police may disclose under ORS 181.560.

(b) An authorized agency is immune from civil liability that might otherwise be incurred or imposed for making the final record check determination under this subsection.

(5) An authorized agency may not transfer a fingerprint card used to conduct the criminal records check unless the public agency or person receiving the fingerprint card agrees to destroy or return the fingerprint card to the authorized agency.

(6) If the public agency or person returns a fingerprint card to the authorized agency, the authorized agency shall destroy the fingerprint card. The authorized agency may not keep a record of the fingerprints.

(7) The authorized agency shall permit a subject individual to inspect the individual’s Oregon and Federal Bureau of Investigation criminal offender information after positive identification has been established based upon fingerprints.

(8) Challenges to the accuracy or completeness of information provided by the authorized agency, the Federal Bureau of Investigation and agencies reporting information to the authorized agency or the federal bureau must be made through the authorized agency or the federal bureau.

(9) The authorized agency shall adopt rules to implement this section. The rules may include but are not limited to:

(a) Criteria to be used by the authorized agency to determine whether an entity is a qualified entity; and

(b) Fees to be charged for conducting criminal records checks under this section in amounts not to exceed the actual costs of acquiring and furnishing criminal offender information. [2001 c.871 §1; 2011 c.547 §20]

Note: 181.533 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

181.534 Criminal records check; authorized agencies; rules. (1) As used in this section:

(a) “Authorized agency” means state government as defined in ORS 174.111 and the Oregon State Bar. “Authorized agency” does not include:

(A) The Oregon State Lottery Commission or the Oregon State Lottery; or

(B) A criminal justice agency, as defined in ORS 181.010, that is authorized by federal law to receive fingerprint-based criminal records checks from the Federal Bureau of Investigation.

(b) “Subject individual” means a person from whom an authorized agency may require fingerprints pursuant to statute for the purpose of enabling the authorized agency to request a state or nationwide criminal records check.

(2) An authorized agency may request that the Department of State Police conduct a criminal records check on a subject individual for non-criminal justice purposes. If a nationwide criminal records check of a subject individual is necessary, the authorized agency may request that the Department of State Police conduct the check, including fingerprint identification, through the Federal Bureau of Investigation.

(3) The Department of State Police shall provide the results of a criminal records check conducted pursuant to subsection (2) of this section to the authorized agency requesting the check.

(4) The Federal Bureau of Investigation shall return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. If the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(5) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(6) If only a state criminal records check is conducted, the Department of State Police shall destroy the fingerprint cards after the criminal records check is completed and the results of the criminal records check provided to the authorized agency and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(7) An authorized agency may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police in accordance with rules adopted, and procedures established, by the Department of State Police.

(8) An authorized agency and the Department of State Police shall permit a subject individual for whom a fingerprint-based criminal records check was conducted to inspect the individual’s own state and national criminal offender records and, if requested by the subject individual, provide the individual with a copy of the individual’s own state and national criminal offender records.

(9) Each authorized agency, in consultation with the Department of State Police, shall adopt rules to implement this section and other statutes relating to criminal offender information obtained through fingerprint-based criminal records checks. The rules shall include but need not be limited to:

(a) Specifying categories of subject individuals who are subject to criminal records checks.

(b) Specifying the information that may be required from a subject individual to permit a criminal records check.

(d) Specifying the types of crimes that may be considered in reviewing criminal offender information of a subject individual.

(e) Specifying when a nationwide fingerprint-based criminal records check must be conducted. An authorized agency shall consider the additional cost of obtaining a nationwide fingerprint-based criminal records check when adopting rules under this subsection.

(f) If the authorized agency uses criminal records checks for agency employment purposes:

(A) Determining when and under what conditions a subject individual may be hired on a preliminary basis pending a criminal records check; and