Bill Text: OR HB2434 | 2013 | Regular Session | Introduced

Oregon House Bill 2434 (Prior Session Legislation)

Bill Title: Relating to use of physical force; declaring an emergency.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2434 Detail]

Download: Oregon-2013-HB2434-Introduced.html



     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 1062

                         House Bill 2434

Sponsored by Representative GELSER; Representatives BAILEY,
  FREDERICK, MATTHEWS, TOMEI (Presession filed.)

                             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.

  Modifies scope of justifiable use of physical force for
purposes of criminal prosecution.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to use of physical force; creating new provisions;
  amending ORS 161.205; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.205 is amended to read:
  161.205. The use of physical force upon another person that
would otherwise constitute an offense is justifiable and not
criminal under any of the following circumstances:
  (1)(a) A parent, guardian or other person entrusted with the
care and supervision of a minor   { - or an incompetent
person - }  may use reasonable physical force upon   { - such
minor or incompetent person - }  { + the minor + } when and to
the extent the person reasonably believes it necessary to
maintain discipline or to promote the welfare of the minor
 { - or incompetent person - } .
  (b) Personnel of a public education program, as that term is
defined in section 1, chapter 665, Oregon Laws 2011, may use
reasonable physical force upon a student when and to the extent
the application of force is consistent with section 3, chapter
665, Oregon Laws 2011.
  (2) An authorized official of a jail, prison or correctional
facility may use physical force when and to the extent that the
official reasonably believes it necessary to maintain order and
discipline or as is authorized by law.
  (3) A person responsible for the maintenance of order in a
common carrier of passengers, or a person acting under the
direction of the person, may use physical force when and to the
extent that the person reasonably believes it necessary to
maintain order, but the person may use deadly physical force only
when the person reasonably believes it necessary to prevent death
or serious physical injury.
  (4) A person acting under a reasonable belief that another
person is about to commit suicide or to inflict serious physical
self-injury may use physical force upon that person to the extent
that the person reasonably believes it necessary to thwart the
result.
  (5) A person may use physical force upon another person in
self-defense or in defending a third person, in defending
property, in making an arrest or in preventing an escape, as
hereafter prescribed in chapter 743, Oregon Laws 1971.
  SECTION 2. ORS 161.205, as amended by section 11, chapter 665,
Oregon Laws 2011, is amended to read:
  161.205. The use of physical force upon another person that
would otherwise constitute an offense is justifiable and not
criminal under any of the following circumstances:
  (1) A parent, guardian or other person entrusted with the care
and supervision of a minor   { - or an incompetent person - }
may use reasonable physical force upon   { - such minor or
incompetent person - }  { + the minor + } when and to the extent
the person reasonably believes it necessary to maintain
discipline or to promote the welfare of the minor   { - or
incompetent person - } . A teacher may use reasonable physical
force upon a student when and to the extent the teacher
reasonably believes it necessary to maintain order in the school
or classroom or at a school activity or event, whether or not it
is held on school property.
  (2) An authorized official of a jail, prison or correctional
facility may use physical force when and to the extent that the
official reasonably believes it necessary to maintain order and
discipline or as is authorized by law.
  (3) A person responsible for the maintenance of order in a
common carrier of passengers, or a person acting under the
direction of the person, may use physical force when and to the
extent that the person reasonably believes it necessary to
maintain order, but the person may use deadly physical force only
when the person reasonably believes it necessary to prevent death
or serious physical injury.
  (4) A person acting under a reasonable belief that another
person is about to commit suicide or to inflict serious physical
self-injury may use physical force upon that person to the extent
that the person reasonably believes it necessary to thwart the
result.
  (5) A person may use physical force upon another person in
self-defense or in defending a third person, in defending
property, in making an arrest or in preventing an escape, as
hereafter prescribed in chapter 743, Oregon Laws 1971.
  SECTION 3.  { + The amendments to ORS 161.205 by sections 1 and
2 of this 2013 Act apply to conduct occurring on or after the
effective date of this 2013 Act. + }
  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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