Bill Text: OR HB2604 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to law enforcement.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2604 Detail]

Download: Oregon-2013-HB2604-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 1936

                         House Bill 2604

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Judiciary)

                             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.

  Requires federal officers to receive written authorization of
county sheriff before making certain arrests in county.

                        A BILL FOR AN ACT
Relating to law enforcement; amending ORS 133.245.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 133.245 is amended to read:
  133.245. (1) A federal officer may arrest a person:
    { - (a) For any crime committed in the federal officer's
presence if the federal officer has probable cause to believe the
person committed the crime. - }
    { - (b) - }   { + (a) + } For any felony or Class A
misdemeanor if the federal officer has probable cause to believe
the person committed the crime.
    { - (c) - }   { + (b) + } When rendering assistance to or at
the request of a law enforcement officer, as defined in ORS
414.805.
    { - (d) - }   { + (c) + } When the federal officer has
received positive information in writing or by telephone,
telegraph, teletype, radio, facsimile machine or other
authoritative source that a peace officer holds a warrant for the
person's arrest.
  (2) The federal officer shall inform the person to be arrested
of the federal officer's authority and reason for the arrest.
  (3) In order to make an arrest, a federal officer may use
physical force as is justifiable and authorized of a peace
officer under ORS 161.235, 161.239 and 161.245.
  (4)(a) A federal officer making an arrest under this section
without unnecessary delay shall take the arrested person before a
magistrate or deliver the arrested person to a peace officer.
  (b) The federal officer retains authority over the arrested
person only until the person appears before a magistrate or until
the law enforcement agency having general jurisdiction over the
area in which the arrest took place assumes responsibility for
the person.
  (5) A federal officer when making an arrest for a nonfederal
offense under the circumstances provided in this section shall
have the same immunity from suit as a state or local law
enforcement officer.

  (6)  { + Except as otherwise provided in ORS 133.225, + } a
federal officer is authorized to make   { - arrests under this
section upon certification - }   { + an arrest in this state for
a crime under state or federal law only if the federal officer:
  (a) Is certified + } by the Department of Public Safety
Standards and Training   { - that the federal officer has
received proper training to enable that officer to make arrests
under this section. - }  { +  to make arrests in this state; and
  (b) Has been authorized in writing to make arrests in this
state by the sheriff of the county in which the arrest is
made. + }
                         ----------