77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 419

                         Senate Bill 49

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for the Judicial Department)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes Chief Justice of Supreme Court to adopt standards
and plan for physical security of judges and staff.
  Allows expenditures from State Court Facilities and Security
Account to be used to fund positions in Judicial Department.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to state court security; amending ORS 1.177 and 1.178;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  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) The Chief Justice may appoint a judicial security officer
and other judicial security personnel charged with implementing a
state plan adopted under subsection (1) of this section.
  (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.
  SECTION 2. ORS 1.178 is amended to read:
  1.178. (1) The State Court Facilities and Security Account is
established separate and distinct from the General Fund. The
account consists of moneys allocated to the account under the
provisions of ORS 137.300. Interest earned by the State Court
Facilities and Security Account shall be credited to the account.
Moneys in the account are continuously appropriated to the State
Court Administrator for the purposes described in subsection (2)
of this section.
  (2) Expenditures by the State Court Administrator from the
State Court Facilities and Security Account shall be made only
for the following purposes:
  (a) Developing or implementing a plan for state court security
improvement, emergency preparedness { + , + }   { - and - }
business continuity  { + and physical security + } under ORS
1.177.
  (b) Statewide training on state court security.
  (c) Distributions to court facilities security accounts
maintained under ORS 1.182.
  (d) Capital improvements for courthouses and other state court
facilities.
  SECTION 3. ORS 1.178, as amended by section 76, chapter 107,
Oregon Laws 2012, is amended to read:
  1.178. (1) The State Court Facilities and Security Account is
established separate and distinct from the General Fund. The
account consists of moneys allocated to the account under the
provisions of ORS 137.300. Moneys in the account are continuously
appropriated to the State Court Administrator for the purposes
described in subsection (2) of this section.
  (2) Expenditures by the State Court Administrator from the
State Court Facilities and Security Account shall be made only
for the following purposes:
  (a) Developing or implementing the plan for state court
security, emergency preparedness { + , + }   { - and - }
business continuity  { + and physical security + } adopted under
ORS 1.177.   { - Expenditures under this paragraph may not be
used to fund positions in the judicial department. - }
  (b) Statewide training on state court security.
  (c) Distributions to court facilities security accounts
maintained under ORS 1.182.
  (d) Capital improvements for courthouses and other state court
facilities.
  SECTION 4.  { + 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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