77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

SA to SB 49

LC 419/SB 49-2

                      SENATE AMENDMENTS TO
                         SENATE BILL 49

                    By COMMITTEE ON JUDICIARY

                            March 11

  On page 1 of the printed bill, line 2, delete 'and 1.178 ' and
insert ', 1.178, 133.005 and 181.610 and section 3, chapter 88,
Oregon Laws 2012'.
  Delete lines 4 through 23 and insert:
  '  { +  SECTION 1. + } ORS 1.177, as amended by section 1,
chapter 88, Oregon Laws 2012, and section 104, chapter 107,
Oregon Laws 2012, is amended to read:
  ' 1.177. (1) The Chief Justice of the Supreme Court may adopt
state standards, and a state plan, for { + :
  ' (a) + } State court security, emergency preparedness and
business continuity for facilities used by  { + the + } judges or
staff of a   { - circuit court, the Supreme Court, Court of
Appeals or Oregon Tax Court - }   { + court operating under the
Judicial Department + } or  { + the staff of + } the office of
the State Court Administrator  { - . - }  { + ; and + }
  '  { +  (b) The physical security of the judges or staff of a
court operating under the Judicial Department or the staff of the
office of the State Court Administrator. + }
  ' (2) { + (a) + } The Chief Justice may appoint a
 { - judicial security officer - }   { + Chief Judicial
Marshal + } and other   { - judicial security personnel - }
 { + deputy judicial marshals + } charged with { + :
  ' (A) + } Implementing a state plan adopted under subsection
(1) of this section  { - . - }  { + ;
  ' (B) Ensuring the physical security and safety of judges of a
court operating under the Judicial Department;
  ' (C) Ensuring the physical security and safety of the staff of
a court operating under the Judicial Department, the staff of the
office of the State Court Administrator and the public in and
around court facilities as defined in ORS 166.360; and
  ' (D) Ensuring the security of the real and personal property
owned, controlled, occupied or used by the Judicial Department.
  ' (b) Persons appointed as judicial marshals under this section
are subject to the personnel rules and policies established by
the Chief Justice under ORS 1.002.
  ' (c) When appointed and duly sworn by the Chief Justice,
judicial marshals appointed under this section who are trained
pursuant to section 3, chapter 88, Oregon Laws 2012, have the
authority given to peace officers of this state for the purposes
of carrying out the duties of their employment.
  ' (d) The Chief Justice may define the duties of judicial
marshals appointed under this section.
  ' (e) Judicial marshals granted the authority of a peace
officer under this section who detain any person in accordance
with the marshal's duties retain the authority until the law
enforcement agency having general jurisdiction over the area in
which the person is detained assumes responsibility for the
person.

  ' (f) Persons appointed as judicial marshals under this section
are not police officers for purposes of the Public Employees
Retirement System. + }
  ' (3) Except as provided in this subsection, a plan adopted
under this section and all documents related to development of
the plan are confidential and need not be disclosed under the
provisions of ORS 192.410 to 192.505. The Chief Justice may
authorize the disclosure of all or part of a plan prepared under
this section if the Chief Justice determines that the interest of
the public would be served by the disclosure and that the
disclosure will not impair the integrity of the plan. Records of
expenditures for a   { - state court security - }  plan
 { + adopted under this section + } and records of equipment
purchased under the plan are not confidential under the
provisions of this subsection, and are subject to disclosure as
public records under the provisions of ORS 192.410 to 192.505.'.
  On page 2, delete lines 23 through 25 and insert:
  '  { +  SECTION 4. + } ORS 133.005, as amended by section 6,
chapter 54, Oregon Laws 2012, and section 3, chapter 67, Oregon
Laws 2012, is amended to read:
  ' 133.005. As used in ORS 133.005 to 133.400 and 133.410 to
133.450, unless the context requires otherwise:
  ' (1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
  ' (2) 'Federal officer' means a special agent or law
enforcement officer employed by a federal agency who is empowered
to effect an arrest with or without a warrant for violations of
the United States Code and who is authorized to carry firearms in
the performance of duty.
  ' (3) 'Peace officer' means:
  ' (a) A member of the Oregon State Police;
  ' (b) A sheriff, constable, marshal, municipal police officer
or reserve officer or a police officer commissioned by a
university under ORS 352.383;
  ' (c) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state;
  ' (d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon;
  ' (e) A humane special agent as defined in section 2, chapter
67, Oregon Laws 2012;
  ' (f) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2);   { - or - }
  ' (g) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011  { - . - }  { + ; or
  ' (h) A judicial marshal appointed under ORS 1.177 who is
trained pursuant to section 3, chapter 88, Oregon Laws 2012. + }
  ' (4) 'Reserve officer' means an officer or member of a law
enforcement agency who is:
  ' (a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or a member of the Department
of State Police;
  ' (b) Armed with a firearm; and
  ' (c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
  '  { +  SECTION 5. + } ORS 133.005, as amended by section 39,
chapter 644, Oregon Laws 2011, section 7, chapter 54, Oregon Laws
2012, and section 4, chapter 67, Oregon Laws 2012, is amended to
read:
  ' 133.005. As used in ORS 133.005 to 133.400 and 133.410 to
133.450, unless the context requires otherwise:
  ' (1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
  ' (2) 'Federal officer' means a special agent or law
enforcement officer employed by a federal agency who is empowered
to effect an arrest with or without a warrant for violations of
the United States Code and who is authorized to carry firearms in
the performance of duty.
  ' (3) 'Peace officer' means:
  ' (a) A member of the Oregon State Police;
  ' (b) A sheriff, constable, marshal, municipal police officer
or reserve officer or a police officer commissioned by a
university under ORS 352.383;
  ' (c) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or any other state;
  ' (d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon;
  ' (e) A humane special agent as defined in section 2, chapter
67, Oregon Laws 2012;   { - or - }
  ' (f) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2)  { - . - }  { + ; or
  ' (g) A judicial marshal appointed under ORS 1.177 who is
trained pursuant to section 3, chapter 88, Oregon Laws 2012. + }
  ' (4) 'Reserve officer' means an officer or member of a law
enforcement agency who is:
  ' (a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or a member of the Department
of State Police;
  ' (b) Armed with a firearm; and
  ' (c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
  '  { +  SECTION 6. + } ORS 181.610, as amended by section 22,
chapter 54, Oregon Laws 2012, section 13, chapter 67, Oregon Laws
2012, and section 4, chapter 88, Oregon Laws 2012, is amended to
read:
  ' 181.610. In ORS 181.610 to 181.712, unless the context
requires otherwise:
  ' (1) 'Abuse' has the meaning given the term in ORS 107.705.
  ' (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  ' (3) 'Certified reserve officer' means a reserve officer who
has been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  ' (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  ' (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  ' (a) Is charged with and primarily performs the duty of
custody, control or supervision of individuals convicted of or
arrested for a criminal offense and confined in a place of
incarceration or detention other than a place used exclusively
for incarceration or detention of juveniles; or

  ' (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  ' (6) 'Department' means the Department of Public Safety
Standards and Training.
  ' (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  ' (8) 'Domestic violence' means abuse between family or
household members.
  ' (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  ' (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  ' (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  ' (12) 'Law enforcement unit' means:
  ' (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, 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, the Criminal Justice Division of the Department
of Justice, the Department of Corrections, the Oregon State
Lottery Commission, the Security and Emergency Preparedness
Office of the Judicial Department or common carrier railroad the
primary duty of which, as prescribed by law, ordinance or
directive, is one or more of the following:
  ' (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  ' (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  ' (C) The control, supervision and reformation of adult
offenders placed on parole or sentenced to probation and
investigation of adult offenders on parole or probation or being
considered for parole or probation;
  ' (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  ' (c) A district attorney's office;
  ' (d) The Oregon Liquor Control Commission with regard to
liquor enforcement inspectors; or
  ' (e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
  ' (13) 'Liquor enforcement inspector' has the meaning given
that term in ORS 471.001.
  ' (14) 'Parole and probation officer' means:
  ' (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  ' (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or

  ' (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  ' (b) An officer who:
  ' (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  ' (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  ' (C) Is charged with and performs the duty of:
  ' (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  ' (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  ' (15) 'Police officer' means:
  ' (a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
  ' (A) Commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police; and
  ' (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
  ' (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state, an authorized tribal police officer as defined
in section 1, chapter 644, Oregon Laws 2011, or a humane special
agent commissioned under section 1, chapter 67, Oregon Laws 2012;
or
  ' (c)   { - An individual member of the judicial security
personnel identified pursuant to - }  { +  A judicial marshal
appointed under + } ORS 1.177 who is trained pursuant to section
3, chapter 88, Oregon Laws 2012.
  ' (16) 'Public or private safety agency' means a unit of state
or local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  ' (17) 'Public safety personnel' and 'public safety officer '
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
  ' (18) 'Reserve officer' means an officer or member of a law
enforcement unit who is:
  ' (a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police;
  ' (b) Armed with a firearm; and
  ' (c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
  ' (19) 'Telecommunicator' means a person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS 403.105.
  ' (20) 'Youth correction officer' means an employee of the
Oregon Youth Authority who is charged with and primarily performs
the duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
  '  { +  SECTION 7. + } ORS 181.610, as amended by section 50,
chapter 644, Oregon Laws 2011, section 23, chapter 54, Oregon
Laws 2012, section 14, chapter 67, Oregon Laws 2012, and section
5, chapter 88, Oregon Laws 2012, is amended to read:
  ' 181.610. In ORS 181.610 to 181.712, unless the context
requires otherwise:
  ' (1) 'Abuse' has the meaning given the term in ORS 107.705.
  ' (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  ' (3) 'Certified reserve officer' means a reserve officer who
has been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  ' (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  ' (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  ' (a) Is charged with and primarily performs the duty of
custody, control or supervision of individuals convicted of or
arrested for a criminal offense and confined in a place of
incarceration or detention other than a place used exclusively
for incarceration or detention of juveniles; or
  ' (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  ' (6) 'Department' means the Department of Public Safety
Standards and Training.
  ' (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  ' (8) 'Domestic violence' means abuse between family or
household members.
  ' (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  ' (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  ' (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  ' (12) 'Law enforcement unit' means:
  ' (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government, the Criminal
Justice Division of the Department of Justice, the Department of
Corrections, the Oregon State Lottery Commission, the Security
and Emergency Preparedness Office of the Judicial Department or
common carrier railroad the primary duty of which, as prescribed
by law, ordinance or directive, is one or more of the following:
  ' (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;

  ' (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  ' (C) The control, supervision and reformation of adult
offenders placed on parole or sentenced to probation and
investigation of adult offenders on parole or probation or being
considered for parole or probation;
  ' (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  ' (c) A district attorney's office;
  ' (d) The Oregon Liquor Control Commission with regard to
liquor enforcement inspectors; or
  ' (e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
  ' (13) 'Liquor enforcement inspector' has the meaning given
that term in ORS 471.001.
  ' (14) 'Parole and probation officer' means:
  ' (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  ' (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  ' (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  ' (b) An officer who:
  ' (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  ' (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  ' (C) Is charged with and performs the duty of:
  ' (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  ' (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  ' (15) 'Police officer' means:
  ' (a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
  ' (A) Commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or the Department of State Police; and
  ' (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
  ' (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state or a humane special agent commissioned under
section 1, chapter 67, Oregon Laws 2012; or
  ' (c)   { - An individual member of the judicial security
personnel identified pursuant to - }  { +  A judicial marshal
appointed under + } ORS 1.177 who is trained pursuant to section
3, chapter 88, Oregon Laws 2012.
  ' (16) 'Public or private safety agency' means a unit of state
or local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  ' (17) 'Public safety personnel' and 'public safety officer '
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
  ' (18) 'Reserve officer' means an officer or member of a law
enforcement unit who is:
  ' (a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or the Department of State Police;
  ' (b) Armed with a firearm; and
  ' (c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
  ' (19) 'Telecommunicator' means a person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS 403.105.
  ' (20) 'Youth correction officer' means an employee of the
Oregon Youth Authority who is charged with and primarily performs
the duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
  '  { +  SECTION 8. + } Section 3, chapter 88, Oregon Laws 2012,
is amended to read:
  '  { +  Sec. 3. + } (1) Upon request of the Security and
Emergency Preparedness Office of the Judicial Department, the
Department of Public Safety Standards and Training shall certify
individual
  { - members of the judicial security personnel identified
pursuant to - }  { +  judicial marshals appointed under + } ORS
1.177 as being qualified in the same manner as police officers
pursuant to ORS 181.640.
  ' (2) The provisions of ORS 181.610 to 181.712 relating to the
training and certification of police officers apply to individual
 { - members of the judicial security personnel - }
 { + judicial marshals + } trained pursuant to subsection (1) of
this section.
  ' (3) Notwithstanding any other provision of law, the Security
and Emergency Preparedness Office of the Judicial Department
shall bear the expense of training pursuant to subsection (1) of
this section.
  '  { +  SECTION 9. + }  { + This 2013 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2013 Act
takes effect on its passage. + } ' .
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