Bill Text: OR HB2274 | 2011 | Regular Session | Enrolled
Bill Title: Relating to certified peace officers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-23 - Chapter 472, (2011 Laws): Effective date January 1, 2012. [HB2274 Detail]
Download: Oregon-2011-HB2274-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2274
Sponsored by Representative GARRARD; Senator WHITSETT (at the
request of Merrill, Oregon, Police Chief) (Presession filed.)
CHAPTER ................
AN ACT
Relating to certified peace officers.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in sections 1 to 3 of this 2011
Act:
(a) 'Adjoining state' means California, Idaho, Nevada or
Washington.
(b) 'Certified peace officer' means a regularly employed peace
officer or police officer from an adjoining state, including a
peace officer or police officer employed by a local government of
an adjoining state.
(c) 'Employing agency' means a state or local government of an
adjoining state that employs a certified peace officer.
(2) A certified peace officer is a peace officer and a police
officer in this state when:
(a) The officer enters this state in order to provide, or
attempt to provide, law enforcement services described in
subsection (3) of this section; and
(b) The law enforcement services occur within 50 miles from the
contiguous border of this state and the adjoining state where the
officer is employed.
(3) Subsection (2) of this section applies when the certified
peace officer is providing, or attempting to provide, law
enforcement services under any of the following circumstances:
(a) In response to a request for law enforcement services
initiated by an Oregon sheriff, constable, marshal, municipal
police officer or member of the Oregon State Police.
(b) In response to a reasonable belief that emergency law
enforcement services are necessary for the preservation of life,
and a request for services by an Oregon sheriff, constable,
marshal, municipal police officer or member of the Oregon State
Police for those services is impractical to obtain under the
circumstances. The certified police officer shall obtain
authorization from an Oregon law enforcement agency having
jurisdiction over the location where the services were provided
as soon as is practicable after the services have been provided.
(c) For the purpose of assisting an Oregon sheriff, constable,
marshal, municipal police officer or member of the Oregon State
police in providing emergency service in response to criminal
activity, traffic accidents, emergency incidents or other similar
public safety problems, whether or not an Oregon sheriff,
Enrolled House Bill 2274 (HB 2274-B) Page 1
constable, marshal, municipal police officer or member of the
Oregon State Police is present at the scene of the incident.
(4) When a certified peace officer exercises any authority
granted under this section, the officer shall submit, as soon as
is practicable, a written report concerning the incident to the
Oregon law enforcement agency having primary jurisdiction over
the geographic area in which the incident occurred. Oregon law
enforcement agencies may establish reporting procedures and forms
to facilitate reporting required under this subsection.
(5) This section does not confer upon a certified peace officer
the authority to enforce Oregon traffic or motor vehicle
laws. + }
SECTION 2. { + (1) A certified peace officer who exercises
authority under section 1 of this 2011 Act and the officer's
employing agency are subject to the same civil immunities and
liabilities as a peace officer and the peace officer's employing
agency in Oregon.
(2) A certified peace officer who exercises authority under
section 1 of this 2011 Act is subject to the supervisory control
of and limitations imposed by the certified peace officer's
employing agency unless supervisory control is temporarily
delegated to an Oregon sheriff, constable, marshal, municipal
police officer or member of the Oregon State Police.
(3) The certified peace officer may not receive separate
compensation from an Oregon law enforcement agency for providing
law enforcement services within this state under section 1 of
this 2011 Act.
(4) Notwithstanding any other provision of law, any person who
is acting as a certified peace officer in this state in the
manner described in section 1 of this 2011 Act is deemed to have
met the requirements of ORS 133.005 (3) if the certified peace
officer has completed the basic training required for peace
officers in the adjoining state in which the certified peace
officer is employed. + }
SECTION 3. { + (1) Sections 1 and 2 of this 2011 Act do not
limit the authority of an officer of another state to make an
arrest or take other action under ORS 133.410 to 133.440.
Sections 1 and 2 of this 2011 Act apply only in the absence of a
mutual aid agreement between the State of Oregon and an adjoining
state, or between local governments of this state and adjoining
states, or any combination thereof, to which the employing agency
is a party.
(2) A certified peace officer exercising authority under
section 1 of this 2011 Act, and the certified peace officer's
employing agency, are not officers or employees of the State of
Oregon for purposes of ORS 30.260 to 30.300. + }
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Enrolled House Bill 2274 (HB 2274-B) Page 2
Passed by House March 21, 2011
Repassed by House June 14, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 10, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2274 (HB 2274-B) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2274 (HB 2274-B) Page 4
