Oregon Revised Statutes
As used in ORS 181A.010 to 181A.350, unless the context requires otherwise: “Criminal justice agency” means: The Governor; Courts of criminal jurisdiction; The Attorney General; District attorneys, city attorneys with criminal prosecutorial functions, attorney employees of the Oregon Public Defense Commission and nonprofit public defender organizations …
There is established a Department of State Police. The department shall consist of sworn members of the state police force appointed under ORS 181A.050 and nonsworn professional personnel necessary to carry out the department’s public safety functions.
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 to the department for the payment of expenses of the department. There is established a…
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 trans…
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 offi…
The Superintendent of State Police may, with the approval of the Governor as to person and salary, appoint a Deputy Superintendent of State Police. 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.
The Deputy Superintendent of State Police shall: Act as the head of the Department of State Police in the absence or incapacity of the Superintendent of State Police; and Perform such duties as the superintendent prescribes.
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 181A.065.
The Superintendent of State Police shall: Appoint a state police force to be known as the Oregon State Police, consisting of commissioned officers, noncommissioned officers and troopers; Arrange for the examination and enlistment of applicants to the state police; and Establish ranks or grades in the state police.
A person appointed a member of the state police must be: A citizen of the United States or a nonimmigrant legally admitted to the United States under a Compact of Free Association. Of good health and good moral character. Over the age of 21 years. Except as provided in paragraph (b) of this subsection, a person may not be appointed a member of the state …
Notwithstanding ORS 181A.055, 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’ transport functions and duties. To be eligible for appointment…
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 …
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.
The Superintendent of State Police shall: Provide the necessary preliminary and subsequent instruction to recruits and troopers as to their duties as police officers of the state. Make rules and regulations for the discipline and control of the state police.
The Department of State Police and the members of the Oregon State Police are charged with the enforcement of: All criminal laws; and All laws applicable to highways and the operation of vehicles on highways. Each member of the state police is authorized and empowered to: Prevent crime. Pursue and apprehend offenders and obtain legal evidence necessary …
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. The Department of Transportation shal…
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.
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. For purposes of this section, the superintendent may use lands and buildings for the accommodation of members of the state police and their veh…
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: The various duties required of the department may be assigned to appropriate departments, to be performed by persons experienced and qualified for such respective kin…
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.
The State of Oregon shall provide the members of the state police with standard uniforms. The Superintendent of State Police shall specify a standard pattern and distinctive design for the uniforms required under this subsection and subsection (1) of this section. The Superintendent of State Police may direct members of the state police to serve without we…
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. The property described in subsection (1) of this section remains the property of this state wit…
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 181A.010 to 181A.350.
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.
The Oregon State Police shall: Keep records of the activities engaged in and the time spent in the performance of their duties; and Report the activities and time to the Superintendent of State Police at such times as the superintendent directs.
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. The superintendent, or the superintendent’s …
The Department of State Police shall: 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; Employ its fingerprint record file as a basis for identifying individuals and pr…
The Superintendent of State Police may: Maintain a criminal investigations division for the purpose of preventing, detecting and investigating criminal activity. Enter into partnerships with local criminal justice agencies to provide expertise in the investigation and resolution of crimes and criminal activity. For purposes of subsection (1) of this secti…
The Department of State Police may establish forensic laboratories. 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 Department of State Police is authorized to: 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; Analyze such samples for the purpose of establishing the genetic profile of the dono…
Immediately upon the arrest of a person for a crime for which criminal offender information must be provided under ORS 181A.165, a law enforcement agency shall: 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 ph…
The following crimes are crimes for which criminal offender information must be provided: Any felony; Any misdemeanor or other offense which involves criminal sexual conduct; or Any crime which involves a violation of the Uniform Controlled Substances Act.
Except as provided in subsection (2) of this section, the Department of State Police and any other governmental agency authorized to report, receive or disseminate criminal offender information shall use electronic fingerprint capture technology to take and submit a person’s fingerprints for purposes of conducting criminal records checks under ORS 181A.190, …
When a court receives a disposition report from a law enforcement agency pursuant to ORS 181A.160, 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.
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 cou…
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. The notice required under this subsection mus…
As used in this section: “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. “Qualified entity” means a business or organization that: Provides care or placement services, or licenses or certifies others to provide care or p…
As used in this section: “Authorized agency” means state government as defined in ORS 174.111, the Oregon State Bar or a municipal tax collection agency in a city with a population of 250,000 or more. “Authorized agency” does not include: The Oregon State Lottery Commission or the Oregon State Lottery; or A criminal justice agency, as defined in ORS 181A.…
As used in this section: “Care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities. “Native American tribe” has the meaning given that term in ORS 181A.210 (4). “Qualified entity” means a community mental health program, a co…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, a humane investigation agency, as defined in ORS 181A.340, may require the fingerprints of a person who: Is employed or applying for employment by the agency; or Provides services or seeks to provide services to the agency as a contractor, vendor or volunteer. N…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, a municipal tax collection agency in a city with a population of 250,000 or more may require the fingerprints of a person who: Is employed or applying for employment by the city; or Provides services or seeks to provide services to the city as a contractor or vol…
As used in this section: “Authorized agency” means a state or local government agency authorized by state and federal law to submit fingerprint-based background check requests for employment and licensing purposes to the Federal Bureau of Investigation and who may receive criminal history record information in response to such requests. “Criminal history r…
Upon the request of a Native American tribe, and in compliance with procedures adopted by the Department of State Police under ORS 181A.230, the Department of State Police shall furnish to the authorized staff of the Native American tribe such information on a subject individual or contractor as the Department of State Police may have in its possession, incl…
As used in this section: “Authorized agency” means an authorized agency as defined in ORS 181A.190 or 181A.195. “Direct access” means access to an individual or the personal information of an individual. “District” has the meaning given that term in ORS 267.237. “Qualified entity” has the meaning given that term in ORS 181A.200. Subject to ORS 8.100, th…
Notwithstanding the provisions of ORS 192.311 to 192.478 relating to public records the fingerprints, photographs, records and reports compiled under ORS 137.225, 181A.010, 181A.160, 181A.175, 181A.230, 805.060 and this section are confidential and exempt from public inspection except: As ordered by a court; As provided in rules adopted by the Department o…
All law enforcement agencies shall report to the Department of State Police statistics concerning crimes: As directed by the department, for purposes of the Uniform Crime Reporting System of the Federal Bureau of Investigation. As otherwise directed by the Governor concerning general criminal categories of criminal activities but not individual criminal re…
The Department of State Police shall adopt rules under ORS chapter 183 establishing procedures: To provide access to criminal offender information by criminal justice agencies and by other state and local agencies. To permit a person or agency not included in subsection (1) of this section to inquire as to whether the department has compiled criminal offen…
When the Department of State Police is asked to provide criminal offender information under ORS 181A.190 or 181A.230 (2), the department shall waive any fee otherwise charged by the department for providing the information if: The request is made by an organization; and The individual about whom the criminal offender information is sought is a volunteer, o…
When a designated agency requests criminal offender information about an individual from the Department of State Police under ORS 181A.230 (1) for agency employment, licensing or other permissible purposes, the agency shall provide documentation that the individual: Gave prior written consent for the agency to make a criminal offender record check through t…
When a person or agency, other than a criminal justice agency or a law enforcement agency, pursuant to ORS 181A.230 (2), requests from the Department of State Police criminal offender information regarding an individual, if the department’s compiled criminal offender information on the individual contains records of any conviction, or of any arrest less than…
No law enforcement agency, as defined in ORS 181A.010, may collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless such information directly relates to an investigation of criminal activities, and there are reaso…
As used in this section, “criminal homicide” has the meaning provided in ORS 163.005. Any criminal justice agency within the State of Oregon having primary responsibility for investigation of the case shall provide information relating to any suspected criminal homicide to the Superintendent of State Police within 25 days after its discovery. The criminal j…
The Department of State Police or another criminal justice agency that the State Chief Information Officer designates shall operate a Criminal Justice Information Standards program that coordinates information among state criminal justice agencies. The program must: Ensure that in developing new information systems, data can be retrieved to support evaluati…
State criminal justice agencies, as part of their agency request budget and information resource management plans, shall address the goals of the Criminal Justice Information Standards program with particular attention to: Data access, availability and information sharing among criminal justice agencies; and The plan developed under ORS 181A.265. Informat…
There is established a Criminal Justice Information Standards Advisory Board to advise the Department of State Police or the criminal justice agency that the State Chief Information Officer designates under ORS 181A.265 (1) about the department’s or the agency’s duties under ORS 181A.265. The board consists of the following members: The State Court Administ…
There is established in the Department of State Police a Law Enforcement Data System. The Law Enforcement Data System shall: Install and maintain a criminal justice telecommunication and information system for storage and retrieval of criminal justice information submitted by criminal justice agencies for the State of Oregon; Function as the control point…
The Department of State Police shall create and maintain a medical health database within the Law Enforcement Data System in order to provide law enforcement agencies with information to help the agencies assist persons with a qualifying illness or condition in obtaining medical, mental health and social services. The department shall provide each community…
Upon receipt of a record of conviction for an offense described in ORS 166.255 (1)(b), the Department of State Police shall immediately enter the conviction into the Law Enforcement Data System and shall cause the conviction to be entered into the databases of the National Crime Information Center of the United States Department of Justice. The entry must in…
The Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department shall provide the Department of State Police with the minimum information necessary to identify persons who: Have been committed by a court to the Oregon Health Authority under ORS 426.130, based on a finding that the person is a …
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. The information shall include technical and logistical assistance, pictur…
The administrator of the missing children and adults clearinghouse established pursuant to ORS 181A.300 shall: Provide information and training to local law enforcement agencies and child welfare agencies and to other state agencies having child welfare duties. Appoint an advisory committee consisting of persons with interest and training related to missin…
A member of a law enforcement agency who has probable cause to believe that custodial interference in the first or second degree, or kidnapping in the first or second degree, with respect to a child has occurred shall notify the Oregon State Police missing children clearinghouse within 24 hours.
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. 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. A broadcaster…
For purposes of this section, a missing vulnerable adult includes, but is not limited to, a missing adult who has: An impaired mental condition, such as dementia; An intellectual or developmental disability; or A brain injury. The Department of State Police and each sheriff’s office and municipal police department shall adopt written policies relating to…
ORS 181A.323 to 181A.328 shall be known and may be cited as “Melissa’s Law.” Note: 181A.322 to 181A.328 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
As used in ORS 181A.323 to 181A.328: “Anonymous kit” means a sexual assault forensic evidence kit collected from a victim who has not participated with a law enforcement agency in the creation of a report of the sexual assault. “Law enforcement agency” has the meaning given that term in ORS 133.741. “Medical facility” means a hospital, clinic, urgent care…
The Department of State Police shall adopt rules concerning the prioritization of testing untested sexual assault forensic evidence kits in the department’s possession. The rules must contain a requirement to test all nonanonymous kits and a prohibition on the testing of anonymous kits. The department shall test any untested sexual assault forensic evidence…
Each law enforcement agency within this state shall have policies and procedures concerning the collection, submission for testing, retention and destruction of sexual assault forensic evidence kits. The policies and procedures must be in writing, must be made available to the public as soon as possible upon request and must include: Procedures for investig…
A medical facility collecting sexual assault forensic evidence kits shall, within seven days after the collection of a kit, notify the law enforcement agency with jurisdiction over a possible sexual assault criminal investigation that the kit has been collected. Note: See note under 181A.322.
The Department of State Police shall establish a multidisciplinary committee on the tracking of sexual assault forensic evidence kits. The committee shall: Develop recommendations for establishing a statewide electronic sexual assault forensic evidence kit tracking system. Identify and pursue state and federal funding to establish the tracking system, incl…
MISCELLANEOUS
A law enforcement agency may not receive any of the following property from a military equipment surplus program operated by the federal government: Unmanned aircraft systems that are armored or weaponized; Aircraft that are combat-configured or combat-coded; Grenades or similar explosives, or grenade launchers; or Firearms silencers. A law enforcement …
At the request of a humane investigation agency, the Superintendent of State Police shall commission a designated employee of the humane investigation agency as a humane special agent, if: The employee is certified, or is eligible for certification, as a police officer under the provisions of ORS 181A.355 to 181A.689; The superintendent determines that the…
A humane special agent shall work cooperatively with law enforcement agencies in enforcing animal welfare laws and shall defer to the direction of a law enforcement agency having jurisdiction over the commission of a violation of animal welfare laws. If a law enforcement agency or a humane investigation agency learns of an allegation that a humane special a…
The Legislative Assembly finds and declares that telecommunicators are first responders. Note: 181A.348 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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. PUBLIC SAFETY STANDARDS AND TRAINING (Definitions)
As used in ORS 181A.355 to 181A.689, unless the context requires otherwise: “Abuse” has the meaning given that term in ORS 107.705. “Board” means the Board on Public Safety Standards and Training appointed pursuant to ORS 181A.360. “Certified reserve officer” means a reserve officer who has been designated by a local law enforcement unit, has received tra…
The Governor shall appoint a Board on Public Safety Standards and Training consisting of 26 members as follows: Two members who are chiefs of police recommended to the Governor by the Oregon Association Chiefs of Police; One member who is a sheriff recommended to the Governor by the Oregon State Sheriffs’ Association; One member who is a fire chief recomm…
The Board on Public Safety Standards and Training shall select one of its members as chairperson and another as vice chairperson. The vice chairperson shall act as chairperson when the chairperson is absent or unable to act. The board may appoint from among its members such subcommittees as it deems necessary or useful. The board shall prescribe such terms…
An executive committee of the Board on Public Safety Standards and Training is created consisting of the chairperson of the board and the chairpersons of the policy committees created in ORS 181A.375. If necessary, the executive committee shall reconcile inconsistencies in policies among the policy committees. The executive committee shall recommend agenda …
The Board on Public Safety Standards and Training shall establish the following policy committees: Corrections Policy Committee; Fire Policy Committee; Police Policy Committee; Telecommunications Policy Committee; and Private Security Policy Committee. The members of each policy committee shall select a chairperson and vice chairperson for the policy c…
At the request of an employee who is a public safety officer and who serves on the Board on Public Safety Standards and Training or on a policy committee established by the board, an employer shall grant leaves of absence to the employee for periods reasonably necessary for the employee to attend meetings and perform the duties of the board or committee. The…
The Governor shall appoint the Director of the Department of Public Safety Standards and Training, who shall hold office at the pleasure of the Governor and not be subject to the State Personnel Relations Law. The person appointed as director may be selected from candidates recommended to the Governor by the Board on Public Safety Standards and Training. Th…
In carrying out its duties, the Department of Public Safety Standards and Training may take title to real property needed for a training academy.
A law enforcement unit in this state may not employ as a police officer, corrections officer, parole and probation officer or regulatory specialist, or utilize as a certified reserve officer or reserve officer, any person who has not yet attained the age of 21 years.
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Public Safety Standards and Training may require the fingerprints of a person who: Is employed or applying for employment by the department; Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; o…
It is the intent of the Legislative Assembly in creating the Board on Public Safety Standards and Training to provide for the coordination of training programs for police officers, certified reserve officers, corrections officers and parole and probation officers and to set standards. The Legislative Assembly finds that: Providing high quality training for…
In accordance with any applicable provision of ORS chapter 183, to promote enforcement of law and fire services by improving the competence of public safety personnel and their support staffs, and in consultation with the agencies for which the Board on Public Safety Standards and Training and Department of Public Safety Standards and Training provide standa…
The minimum standards and minimum training requirements established pursuant to ORS 181A.410 (1) do not apply to: The Superintendent of State Police. Any individual who is a constable of the justice court. Any sheriff’s deputy appointed with authority only to receive and serve summons and civil process. Any municipal parole officer. Any dog control offi…
Nothing in ORS 181A.355, 181A.395, 181A.405 (1), 181A.410, 181A.420 (1) and (2), 181A.425, 181A.430, 181A.470, 181A.490, 181A.500, 181A.570, 181A.580, 181A.590, 181A.630, 181A.640 and 181A.650 requires: A law enforcement unit to certify individuals who are utilized by the law enforcement unit to perform the duties of a reserve officer; or The Department of…
Compliance with minimum standards or minimum training recommended pursuant to ORS 181A.410 for public safety personnel, except youth correction officers, does not exempt any individual from any minimum requirement for selection or promotion as a police officer or certified reserve officer under ORS 181A.055 or under any civil service law, charter or ordinanc…
The Department of Public Safety Standards and Training shall include in the minimum training required for basic certification as a police officer under ORS 181A.490: The law, theory, policies and practices related to vehicle pursuit driving and, as facilities and funding permit, vehicle pursuit training exercises. At least 24 hours of training in the recog…
The Department of Public Safety Standards and Training shall develop, and the Board on Public Safety Standards and Training shall establish by rule, a statewide equity training program for police officers. The department shall include the equity training described in subsection (1) of this section in the minimum training required to obtain and maintain basi…
The Department of Public Safety Standards and Training shall regularly review and, if necessary, update training on interacting with persons who have experienced trauma, consistent with the model training program developed by the Department of Justice under ORS 180.500, for all police officers who enter the training academy operated by the Department of Publ…
The Department of Public Safety Standards and Training, in consultation with the Department of Justice, shall develop best practices for law enforcement agencies when interacting with persons who have experienced trauma. The best practices developed under this section must offer alternative options for law enforcement agencies of varying size and resource c…
No later than January 1 of each year, the Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, shall submit to the Legislative Assembly, as provided in ORS 192.245, a report on the implementation of child abuse and domestic violence training provided by the department.
Subject to the availability of funds, the Board on Public Safety Standards and Training shall ensure that all police officers and certified reserve officers are trained to investigate and report cases of missing children and adults. When federal training programs are made available to the state at no cost to the state, the board shall offer the training to p…
The Board on Public Safety Standards and Training shall ensure that all police officers and certified reserve officers are trained to: Investigate, identify and report crimes: Motivated by prejudice based on the perceived race, color, religion, national origin, sexual orientation, gender, gender identity, marital status, political affiliation or beliefs, m…
The Board on Public Safety Standards and Training shall include training on recognizing, investigating and reporting cases involving labor trafficking and sex trafficking of children and adults in the minimum training required to obtain basic certification as a police officer under ORS 181A.490. The board may require that all police officers and certified r…
The Board on Public Safety Standards and Training shall adopt rules prohibiting the training of police officers and reserve officers to use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person, except as a defensive maneuver.
As used in this section: “Law enforcement agency” means a public body, as defined in ORS 174.109, that employs law enforcement officers to enforce criminal laws. “Law enforcement officer” means a police officer, reserve officer or certified reserve officer, as those terms are defined in ORS 181A.355. A law enforcement agency may not employ a person as a l…
As used in this section, “law enforcement agency” means: A city or municipal police department. A county sheriff’s office. The Oregon State Police. A police department established by a university under ORS 352.121 or 353.125. A law enforcement agency shall establish a mental health wellness policy for addressing issues related to the mental health welln…
Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training pursuant to subsection (2) of this section, a person may not be employed as a police officer, or utilized as a certified reserve officer, by a law enforcement unit for more than 18 months unless the person: Is a citizen of the United S…
The certification of any police officer who does not serve as a police officer, or any certified reserve officer who is not utilized as a certified reserve officer, for any period of time in excess of three consecutive months is lapsed. Upon reemployment as a police officer, or recommencing service as a reserve officer, the person whose certification has lap…
Notwithstanding any other provision of law, an individual who is employed full time by a tribal government to perform the duties of a public safety officer and who possesses the requisite qualifications may be certified or recertified as a police officer, certified reserve officer, corrections officer, parole and probation officer, fire service professional,…
Except for a person who has requested and obtained an extension pursuant to subsection (2) of this section, a person may not be employed as a corrections officer by a law enforcement unit for more than one year unless the person is a citizen of the United States or a nonimmigrant legally admitted to the United States under a Compact of Free Association, and:…
Notwithstanding any contrary provision of ORS 181A.355 to 181A.689: The Department of Corrections shall provide training for basic certification of corrections officers employed by the Department of Corrections. The Department of Corrections shall develop proposed training standards for the basic certification of corrections officers employed by the Depart…
Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training pursuant to subsection (2) of this section, a person may not be employed as a parole and probation officer for more than 18 months unless the person is a citizen of the United States or a nonimmigrant legally admitted to the United Stat…
Upon request of the Marshal’s Office of the Judicial Department, the Department of Public Safety Standards and Training shall certify individual judicial marshals appointed under ORS 1.177 as being qualified in the same manner as police officers pursuant to ORS 181A.410. The provisions of ORS 181A.355 to 181A.689 relating to the training and certification o…
Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training under subsection (2) of this section, subject to subsection (3) of this section the Oregon Liquor and Cannabis Commission may not employ a person as a regulatory specialist for more than 18 months unless the person is a citizen of the U…
Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training pursuant to subsection (2) of this section, no person may be employed as a telecommunicator or emergency medical dispatcher by any public or private public safety agency for more than 18 months unless the person has been certified as be…
Notwithstanding any other provision of law, any full-time employee of the Department of Public Safety Standards and Training who possesses the requisite qualifications may be certified or recertified as a police officer, certified reserve officer, corrections officer, parole and probation officer, fire service professional, telecommunicator or emergency medi…
A certified police officer or certified reserve officer who leaves police service to become a full-time employee of the Law Enforcement Data System under ORS 181A.280 may retain certification, subject to satisfactory completion of any continuing training required by the Department of Public Safety Standards and Training to maintain certification. A full-tim…
Upon application and payment of the appropriate fees, the Department of Public Safety Standards and Training or its authorized representative shall examine and evaluate any instructor or any public safety personnel training or educational program. If the department finds that an instructor is qualified under the minimum requirements established pursuant to …
Notwithstanding ORS 181A.410 (1)(g) and 181A.590 (3), the Department of Public Safety Standards and Training may not accredit any public safety personnel training program provided by a public safety agency or any educational program as equivalent to the minimum training required for basic certification as a police officer under ORS 181A.490. Subsection (1) …
The Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, shall provide a reimbursement program to local law enforcement units which send police officers or corrections officers to the training academy operated or authorized by the department. Such reimbursement shall be to defray the cost…
As used in this section: “Basic training” means the training course and field training approved by the Board on Public Safety Standards and Training and required by the Department of Public Safety Standards and Training for certification as a corrections officer or police officer. “Corrections officer” has the meaning given that term in ORS 181A.355. “Law…
When the Department of Public Safety Standards and Training, the Board on Public Safety Standards and Training or a policy committee of the board established under ORS 181A.375 believes there is a reasonable basis for denying, suspending or revoking, as applicable, the application or certification of an instructor or a public safety officer, except a youth c…
The Department of Public Safety Standards and Training may deny the application for training, or deny, suspend or revoke the certification, of any public safety officer or instructor, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181A.630, based upon a finding that: The…
An instructor or a public safety officer, except a youth correction officer, aggrieved by the findings and order of the Department of Public Safety Standards and Training may, as provided in ORS 183.480, file an appeal with the Court of Appeals from the final order of the department. The department shall recommend and the Board on Public Safety Standards an…
The Department of Public Safety Standards and Training may impose a civil penalty on a public safety agency for violation of ORS 181A.490, 181A.520, 181A.530 or 181A.560. The department shall recommend and the Board on Public Safety Standards and Training by rule shall adopt a schedule establishing civil penalties that may be imposed under subsection (1) of…
The Department of Public Safety Standards and Training shall by rule designate one or more accrediting bodies for law enforcement agencies in this state with 35 or more sworn police officers. No later than July 1, 2025, each law enforcement agency in this state with 100 or more sworn police officers must be accredited by an accrediting body designated by th…
The Oregon Center for Policing Excellence is established within the Department of Public Safety Standards and Training. The primary purposes of the center are: To make policing in this state more effective and efficient by: Developing and promulgating updated skills in policing among officers, managers and administrators; and Making use of the body of kn…
The Police Memorial Trust Fund is created separate from the General Fund. The fund shall consist of moneys appropriated therefor and gifts and grants thereto and the interest thereon. The fund is continuously appropriated for the purposes of section 1 (2), chapter 508, Oregon Laws 1987. The fund shall be administered by the State Treasurer. The Board on Pu…
A law enforcement unit, as defined in ORS 181A.355, shall participate in the National Use-of-Force Data Collection operated by the Federal Bureau of Investigation. Note: 181A.663 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised …
There is established in the General Fund of the State Treasury the Police Standards and Training Account. All contributions or other moneys received by the Board on Public Safety Standards and Training or Department of Public Safety Standards and Training shall be paid into the State Treasury and credited to the Police Standards and Training Account. All mon…
The Legislative Assembly finds that: It is in the public interest to have trust and transparency in the hiring of law enforcement officers. It is in the public interest to ensure that information relating to allegations of misconduct are not shielded in the employment process, while ensuring due process and a fair chance for police officers accused of misc…
As used in this section: “Law enforcement agency” has the meaning given that term in ORS 181A.775. “Personnel records” means the entire personnel file of a police officer or reserve officer, including but not limited to records of complaints and disciplinary action against the officer. Before extending an offer of employment to an applicant for a police o…
As used in this section: “Employment information” means written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire and other information relevant to the performance of a public safety officer. “Law enforcement unit” has the meaning given that term in ORS 181A.355. “Pub…
The Board on Public Safety Standards and Training and the Department of Public Safety Standards and Training may not disclose a photograph of a public safety officer without the written consent of the public safety officer or the public safety officer’s employer. This subsection does not apply to the internal use by the board or department of a photograph of…
As used in this section: “Designated agency” has the meaning given that term in ORS 181A.010. “Information” includes, but is not limited to, an address, telephone number, date of birth and photograph. “Law enforcement agency” has the meaning given that term in ORS 181A.010. Unless a law other than ORS 192.311 to 192.478 requires disclosure or the employe…
As used in this section: “Public body” has the meaning given that term in ORS 192.311. “Public safety employee” means a certified reserve officer, corrections officer, parole and probation officer, police officer or youth correction officer as those terms are defined in ORS 181A.355. A public body may not disclose a photograph of a public safety employee …
The Department of Public Safety Standards and Training shall create a uniform background checklist and a standardized personal history questionnaire for use by law enforcement units in hiring applicants to be public safety officers. The checklist must include a description of the law enforcement unit’s investigation of the applicant, including but not limite…
(Misconduct, Discipline and Standards)
As used in this section, “misconduct” means: Unjustified or excessive force that is objectively unreasonable under the circumstances or in violation of the use of force policy for the law enforcement unit employing the offending officer; Sexual harassment or sexual misconduct; Discrimination against a person based on race, color, religion, sex, sexual ori…
The Department of Public Safety Standards and Training shall establish and maintain a form for reports under ORS 181A.681 of misconduct or violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under ORS 181A.410. The form must be available on the department’s website. When the depa…
The Department of Public Safety Standards and Training shall establish a statewide online database of suspensions and revocations of the certifications of police officers and discipline of police officers involving economic sanctions that is accessible by the public. The department shall publish information on the database when the department suspends or re…
Within 10 days after an economic sanction as part of discipline imposed on a police officer has become final and the arbitration process is complete, the law enforcement unit that imposed the discipline shall report on the discipline to the Department of Public Safety Standards and Training. The report must include: The name and rank of the officer discipli…
The Legislative Assembly finds that: Racism has no place in public safety. Law enforcement officers hold a unique position in our community and must demonstrate principles of equity, transparency, honesty and trust with all members of society. Membership or participation in hate groups, racial supremacist organizations or militant groups erodes public tru…
A law enforcement unit that employs police officers or reserve officers shall adopt policies that set standards for speech and expression by officers in and outside the course and scope of employment. The policies must apply to all forms of speech and expression, including but not limited to film, video, print media, public and private speech and use of Inte…
(Identification of Officers)
As used in ORS 181A.702 and 181A.704: “Crowd management” means a public security practice in which large crowds of 50 persons or more are managed to prevent the outbreak of crowd crushes, affrays, fights or riots. “Law enforcement agency” means the Oregon State Police, a county sheriff’s office, a municipal police department or a police department establis…
A law enforcement officer who is on duty and assigned to work crowd management in a city with a population of over 60,000 shall have: The officer’s first initial and last name, or a unique identifier assigned by the officer’s law enforcement agency, affixed to the front of the officer’s uniform; The officer’s first initial and last name, or a unique identi…
If practical, safe and tactically feasible, upon request by a member of the public, a law enforcement officer shall provide the officer’s name and identification number, or, if applicable, a unique identifier assigned by the law enforcement agency, to the member of the public. A law enforcement officer may satisfy the requirement described in paragraph (a) …
As used in this section: “Crowd management” means a public security practice in which crowds are managed to prevent the outbreak of crowd crushes, affrays, fights or riots, or in which an assembly, protest or demonstration is dispersed. “Handheld chemical incapacitant” means the following, together or separately: Handheld munitions and devices specificall…
As used in this section, “law enforcement agency” means the Department of State Police, the Department of Justice, a district attorney, a political subdivision of the State of Oregon, a municipal corporation of the State of Oregon and a university, that maintains a law enforcement unit as defined in ORS 181A.355 (12)(a)(A). A law enforcement agency or a per…
As used in ORS 181A.725 to 181A.735, unless the context requires otherwise: “Center” means the Oregon Community Crime Prevention Information Center. “Coordinator” means the Coordinator of the Oregon Community Crime Prevention Information Center. “Department” means the Department of Public Safety Standards and Training. “Director” means the Director of th…
The Oregon Community Crime Prevention Information Center is created within the Department of Public Safety Standards and Training. The center within the limits of available funds shall: Develop, plan and carry out a comprehensive, long-range, integrated program, implemented by local crime prevention councils, that will mobilize all Oregon residents, includi…
The Oregon Community Crime Prevention Information Center is under the supervision and control of the coordinator who is responsible for the performance of the duties, functions and powers of the center. The Director of the Department of Public Safety Standards and Training shall appoint the coordinator who shall have experience and knowledge in the area of …
To aid and advise the coordinator in the performance of the functions of the Oregon Community Crime Prevention Information Center, an advisory committee may be established. The committee shall meet at such times and places as shall be determined by the coordinator. Legislative members shall receive no compensation or per diem for services as members but ma…
As used in ORS 181A.775 to 181A.805: “Employ,” when used in the context of the relationship between a law enforcement agency and a police officer, includes the assignment of law enforcement duties on a volunteer basis to a reserve officer. “Law enforcement agency” means the Department of State Police, the Department of Justice, a district attorney, a polit…
There is created in each county a deadly physical force planning authority consisting of the following members: The district attorney and sheriff of the county. A nonmanagement police officer selected by the district attorney and sheriff. If there are unions representing police officers within the county, the district attorney and sheriff shall select the …
In the plan required by ORS 181A.780 (4), a deadly physical force planning authority shall, at a minimum: Address, under ORS 181A.780 (4)(a), the manner in which each law enforcement agency within the county will comply with ORS 181A.790 (2); and Attach a copy of each policy adopted under ORS 181A.790 (2) to the plan. Address, under ORS 181A.780 (4)(b), t…
As used in this section, “involved officer” means: A police officer whose official conduct, or official order to use deadly physical force, was a cause in fact of the death of a person. As used in this paragraph, “order to use deadly physical force” means an order issued to another officer to use deadly physical force in a specific incident or an order or d…
Conclusions and recommendations for future action made by or for a law enforcement agency that result from activities conducted pursuant to the element of a plan described in ORS 181A.780 (4)(e) are not admissible as evidence in any subsequent civil action or administrative proceeding.
Notwithstanding ORS 181A.780, 181A.785 and 181A.790 (3) and (6), if sufficient moneys are not appropriated to the Department of Justice for purposes of making grants under ORS 181A.805, a deadly physical force planning authority created by ORS 181A.780 or a law enforcement agency is not required to comply with any requirement of ORS 181A.780, 181A.785 or 181…
As used in this section, “expenses” does not include personnel costs. To the extent that funds are appropriated to it for such purposes, the Department of Justice shall make grants to law enforcement agencies to reimburse the law enforcement agencies for expenses incurred in implementing and revising the plans required by ORS 181A.780. A grant under this se…
A law enforcement agency, as defined in ORS 181A.775, may not use moneys it receives under ORS 181A.805 to supplant moneys from another source that the law enforcement agency has been previously authorized to expend.
A law enforcement agency that participates in the development of the plan required by ORS 181A.780 (4) shall keep track of the expenses it incurs by reason of its participation. For purposes of this subsection and subsection (2) of this section, “expenses” includes, but is not limited to, personnel costs. The Department of Justice shall award a law enforcem…
As used in this section: “Federal immigration authority” has the meaning given that term in ORS 180.805. “Warrant of arrest” has the meaning given that term in ORS 131.005. A law enforcement agency may not use agency moneys, equipment or personnel for the purpose of detecting or apprehending persons for the purpose of enforcing federal immigration laws. …
As used in ORS 181A.822 to 181A.829: “Court facility” means a building or space occupied or used by a court of this state or local jurisdiction of this state, and any adjacent property including, but not limited to, sidewalks, parking area, grass or landscaped area, plazas, court-related offices, commercial and governmental spaces within the building or spa…
A law enforcement agency or public body may not: Except as required by state or federal law, deny services, benefits, privileges or opportunities to an individual in custody, or on parole, probation or post-prison supervision, on the basis of known or suspected immigration status, the existence of an immigration detainer, hold, notification or other related…
Public facilities, property, moneys, equipment, technology or personnel may not be used for the purpose of investigating, detecting, apprehending, arresting, detaining or holding individuals for immigration enforcement. Actions with a purpose described in subsection (1) of this section include, but are not limited to, the following: Granting a federal immi…
The Department of Justice shall establish a sanctuary violation reporting mechanism to receive reports of alleged violations of ORS 180.805, 181A.820, 181A.823 and 181A.826. The sanctuary violation reporting mechanism must include a staffed telephone hotline and an online system that allows for electronic reporting. The sanctuary violation reporting mechani…
An individual may not be subject to civil arrest without a judicial warrant or judicial order when the individual is in a court facility. An individual who, in good faith, is attending a court proceeding in which the individual is a party or potential witness, or family or household member of a party or potential witness, may not be subject to civil arrest …
A public body, law enforcement agency or an officer of a law enforcement agency may not enter into or renew an agreement, contract, memorandum of understanding or other arrangement that authorizes the public body, law enforcement agency or officer to exercise federal immigration enforcement powers, including those powers specified in 8 U.S.C. 1357(g), or tha…
PEER SUPPORT SERVICES
For the purposes of this section: “Emergency services provider” means any public employer that employs persons to provide firefighting or emergency medical services. “Employee assistance program” means a program established by a public safety agency, emergency services provider or mass transit district to provide counseling or support services to employees…
As used in ORS 181A.360, 181A.840 to 181A.918, 181A.895 and 181A.995: “Certification” means recognition by the Department of Public Safety Standards and Training that a private security professional meets all of the qualifications listed in ORS 181A.855. “Executive manager” means a person: Who is authorized to act on behalf of a company or business in mat…
ORS 181A.840 to 181A.918 do not apply to: A person certified by the Department of Public Safety Standards and Training as a police officer or a parole and probation officer. A law enforcement officer of the United States. An officer or employee of this state, Oregon Health and Science University established by ORS 353.020 or the United States while perfor…
It is unlawful: For a private security entity to provide private security services unless the entity has obtained a license under ORS 181A.900. For a person to perform any service as a private security entity without first providing to the person to whom services are to be provided the Internet address for the Department of Public Safety Standards and Trai…
An applicant for certification as a private security professional: Must be: At least 18 years of age, if an applicant for certification as an unarmed private security professional; or At least 21 years of age, if an applicant for certification as an armed private security professional; Must have satisfactorily completed training requirements approved by …
An applicant for certification or licensure as a private security provider shall submit a written application to the Department of Public Safety Standards and Training. The application must be on a form approved by the department, contain all the information required by the department and be made under oath to the department.
An applicant for licensure as an executive manager or supervisory manager must meet the qualifications set forth in ORS 181A.855.
The Board on Public Safety Standards and Training shall establish standards for: Issuing, denying, renewing, suspending and revoking a private security provider’s certificate or license; and Reviewing the private security services of executive managers in relation to the licensing and certification standards set forth in ORS 181A.840 to 181A.918. In accor…
A license or certificate issued by the Department of Public Safety Standards and Training under ORS 181A.870 expires two years following the date of issuance or on the assigned renewal date. The department shall offer certificates or licenses to private security providers in levels and categories as established by the Board on Public Safety Standards and Tr…
If the Board on Public Safety Standards and Training or the Department of Public Safety Standards and Training denies a license or certificate or declines to renew a license or certificate or suspends or revokes a license or certificate, opportunity for a hearing consistent with the provisions of ORS 181A.630 shall be afforded as provided in ORS chapter 183.…
If a private security provider is charged with a crime, the private security provider shall notify the private security provider’s employer, or, if the private security provider is not employed, the Department of Public Safety Standards and Training, of that fact not later than 48 hours after the charge is filed. If an executive manager knows that an employ…
Except as provided in ORS 181A.900 (3), all moneys received by the Department of Public Safety Standards and Training under ORS 181A.840 to 181A.918 and 181A.995, including penalties recovered under ORS 181A.995 (2), shall be paid into the General Fund in the State Treasury and placed to the credit of the Police Standards and Training Account established in …
Any person engaged in providing private security services on September 9, 1995, shall file an application for a license or certificate within 180 days after September 9, 1995. Such persons may continue providing private security services without a license or certificate until a license or certificate is issued or denied.
It is unlawful: For an entity that employs private security providers to use a name that implies that the entity is, or is affiliated with, an existing law enforcement unit or public safety agency as defined in ORS 181A.355, the organized militia as described in ORS 396.105, the Armed Forces of the United States, a federal law enforcement agency or a federa…
The provisions of ORS 181A.360, 181A.840 to 181A.918 and 181A.995 preempt any laws of the political subdivisions of this state relating to the regulation of private security providers. Note: 181A.895 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Prefa…
The Department of Public Safety Standards and Training shall establish by rule standards and procedures for the licensing of private security entities. Rules adopted under this section must require that an applicant for a private security entity license: Submit a written application to the Department of Public Safety Standards and Training on a form approv…
The Department of Public Safety Standards and Training shall conduct an investigation of each applicant’s character, competence and reliability, and any other matter related to the manner and method by which the applicant proposes to conduct and conducted operations as a private security entity. The department may not issue or renew a license to operate as …
The Department of Public Safety Standards and Training may not issue a license to operate as a private security entity until an applicant for such a license has successfully passed a qualifying examination designed to test the applicant’s knowledge of the entity’s responsibility to prevent sexual assault, sexual harassment and discrimination in the workplace…
A private security entity that employs armed private security professionals must ensure that training requirements imposed by the Department of Public Safety Standards and Training involving a firearm required for certification are successfully completed with a firearm that matches the make, model and caliber of the firearm that will be possessed by or avail…
Rules adopted under ORS 181A.900 shall require that a licensed private security entity provide professional training through the Bureau of Labor and Industries to private security providers employed or contracted by the private security entity on: Preventing sexual assault and sexual harassment in the workplace; Preventing discrimination in the workplace a…
The Department of Public Safety Standards and Training may enter into an interagency agreement with the Bureau of Labor and Industries to assist with the licensure, technical assistance and compliance services related to ORS 181A.900 to 181A.918.
A licensed private security entity shall: Furnish to each private security professional employed by a private security entity, at the time of hiring, a written statement that includes a description of: The employee’s rights and remedies under ORS chapters 652, 653, 654, 656 and 659A, the Service Contract Act (41 U.S.C. 351-401) and any other such law speci…
A private security entity may not discharge or in any other manner discriminate against any private security provider employed by or who contracts with the private security entity because: The private security provider has made a claim against the private security entity for compensation for the private security provider’s own personal services; The privat…
Any person who retains the services of an unlicensed private security entity shall: Be personally and jointly and severally liable to any employee as far as the employee has not been paid wages in full for the services performed or work done for that person. Be personally liable for all penalty wages that have occurred under ORS 652.150 for the wages due u…
The Department of Public Safety Standards and Training, or any other person, may bring an action in circuit court to enjoin any person from using the services of an unlicensed private security entity or to enjoin any person acting as a private security entity in violation of ORS 181A.840 to 181A.918, or rules promulgated pursuant thereto, from committing fut…
The Private Security Entity Account is established in the State Treasury, separate and distinct from the General Fund. The Private Security Entity Account consists of moneys deposited in the account under ORS 181A.900 (3). Moneys in the account are continuously appropriated to the Department of Public Safety Standards and Training for the purpose of payment …
As used in ORS 181A.940 to 181A.946: “Authorized tribal police officer” means a tribal police officer who is acting: In accordance with ORS 181A.940 to 181A.946; and While employed by a tribal government that is in compliance with ORS 181A.940 to 181A.946. “Tribal government” means a federally recognized sovereign tribal government whose borders lie with…
A tribal police officer is eligible to act as an authorized tribal police officer if the officer: Is acting within the scope of employment as a tribal police officer; Is certified as a police officer under the provisions of ORS 181A.355 to 181A.689; Is in compliance with any rules adopted by the Department of Public Safety Standards and Training under ORS…
The Legislative Assembly finds and declares that the purpose of ORS 181A.940 to 181A.946 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 …
Not later than 90 days after 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 request…
ORS 181A.972 shall be known and may be cited as Kaylee’s Law.
As used in this section: “Institution of higher education” has the meaning given that term in ORS 163A.005. “Private security professional” and “private security provider” have the meanings given those terms in ORS 181A.840. An institution of higher education that employs or contracts with a private security provider, or the governing board of a public un…
Violation of ORS 181A.110 (4) is a Class A misdemeanor.
A person commits a: Class A misdemeanor if the person knowingly falsifies any information pertinent to an application for a license or certificate under ORS 181A.840 to 181A.918. Class A violation if the person provides private security services as a private security professional without being certified to do so under ORS 181A.870 and having in the person’…