Bill Text: OR HB2704 | 2011 | Regular Session | Introduced
Bill Title: Relating to persons employed by the Oregon Liquor Control Commission; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2704 Detail]
Download: Oregon-2011-HB2704-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1752 House Bill 2704 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee on Judiciary for American Federation of State, County and Municipal Employees) 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 Department of Public Safety Standards and Training to certify inspectors and investigators employed by Oregon Liquor Control Commission. Modifies crimes of assaulting public safety officer and aggravated harassment to include conduct committed against inspector or investigator employed by Oregon Liquor Control Commission. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to persons employed by the Oregon Liquor Control Commission; creating new provisions; amending ORS 163.208, 166.070, 181.610 and 181.651; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 181.610 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 an authorization granting the power 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 of a law enforcement unit who is employed full-time thereby and 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. (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 include forest fire protection agency personnel. (12)(a) 'Law enforcement unit' means a police force or organization of the state, a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, Indian reservation, Criminal Justice Division of the Department of Justice, the Department of Corrections, the Oregon State Lottery Commission or common carrier railroad whose primary duty, as prescribed by law, ordinance or directive, is any 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) 'Law enforcement unit' also means: (A) A police force or organization of a private entity with a population of more than 1,000 residents in an unincorporated area whose employees are commissioned by a county sheriff; (B) A district attorney's office; and (C) A private, nonprofit animal care agency that has maintained an animal welfare investigation department for at least five years and has had officers commissioned as special agents by the Governor. { + (13) 'Liquor control agent' means an inspector or investigator employed by the Oregon Liquor Control Commission. + } { - (13) - } { + (14) + } 'Parole and probation officer' means: (a) Any 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) Any 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. { - (14) - } { + (15) + } 'Police officer' means an officer, member or employee of a law enforcement unit who is employed 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, Indian reservation, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or who is a member of the Department of State Police and who is responsible for enforcing the criminal laws of this state or laws or ordinances relating to airport security or is 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. { - (15) - } { + (16) + } 'Public or private safety agency' means any unit of state or local government, a special purpose district or a private firm which provides, or has authority to provide, fire fighting, police, { + liquor control, + } ambulance or emergency medical services. { - (16) - } { + (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 control agents + } and fire service professionals. { - (17) - } { + (18) + } 'Reserve officer' means an officer or member of a law enforcement unit: (a) Who is a volunteer or who is 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, Indian reservation, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or who is a member of the Department of State Police; (b) Who is armed with a firearm; and (c) Who is responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. { - (18) - } { + (19) + } 'Telecommunicator' means any 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. { - (19) - } { + (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 2. { + Section 3 of this 2011 Act is added to and made a part of ORS 181.610 to 181.712. + } SECTION 3. { + (1) Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training pursuant to subsection (2) of this section, no person may be employed as an inspector or investigator by the Oregon Liquor Control Commission for more than 18 months unless the person has been certified as qualified as a liquor control agent under the provisions of ORS 181.610 to 181.712 and the certification has neither lapsed nor been revoked pursuant to ORS 181.661, 181.662 and 181.664 (1) and not been reissued under ORS 181.664. (2) The department, upon the facts contained in an affidavit accompanying the request for an extension, may find good cause for failure to obtain certification within the time period described in subsection (1) of this section. If the department finds that there is good cause for such failure, the department may extend for up to one year the period that a person may serve as a liquor control agent without certification. The grant or denial of such an extension is within the sole discretion of the department. + } SECTION 4. ORS 181.651 is amended to read: 181.651. (1) Notwithstanding any other provision of law, any full-time employee of the Department of Public Safety Standards and Training who possesses the requisite qualifications may be certified or recertified as a police officer, certified reserve officer, corrections officer, parole and probation officer, fire service professional, telecommunicator { + , liquor control agent + } or emergency medical dispatcher. (2) A department employee who is certified as a police, certified reserve, corrections or parole and probation officer { + or a liquor control agent + } may exercise the authority granted by law to such officers { + or agents + }. This includes, but is not limited to, the authority to possess material that is otherwise contraband under the laws of this state in the performance of official duties and the authority to carry a firearm or other weapon concealed. (3) A department employee who is certified as a police, certified reserve, corrections or parole and probation officer, a fire service professional, a telecommunicator { + , a liquor control agent + } or an emergency medical dispatcher is considered to be employed as a full-time public safety officer in the discipline in which certification is held under this section for the following purposes: (a) Denying, suspending or revoking certification under ORS 181.661, 181.662 and 181.664; (b) Determining eligibility to apply for benefits from the Public Safety Memorial Fund under ORS 243.954 to 243.974; and (c) Determining eligibility to be honored at the memorial created pursuant to section 1, chapter 508, Oregon Laws 1987. SECTION 5. ORS 163.208 is amended to read: 163.208. (1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, { + inspector or investigator employed by the Oregon Liquor Control Commission, + } animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty. (2) Assaulting a public safety officer is a Class C felony. (3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement. (b) A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer. (4) As used in this section: (a) 'Animal control officer' has the meaning given that term in ORS 609.500; and (b) 'Staff member' means: (A) A corrections officer as defined in ORS 181.610, a youth correction officer, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, inmates or youth offenders; and (B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates or youth offenders. SECTION 6. ORS 166.070 is amended to read: 166.070. (1) A person commits the crime of aggravated harassment if the person, knowing that the other person is a: (a) Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member's official duties; or (b) Public safety officer, knowingly propels blood, urine, semen or feces at the public safety officer while the public safety officer is acting in the course of official duty or as a result of the public safety officer's official duties. (2) Aggravated harassment is a Class C felony. When a person is convicted of violating subsection (1)(a) of this section, in addition to any other sentence it may impose, the court shall impose a term of incarceration in a state correctional facility. (3) As used in this section: (a) 'Public safety officer' means { + : (A) + } An emergency medical technician as defined in ORS 682.025 { + ; (B) An inspector or investigator employed by the Oregon Liquor Control Commission; + } or { + (C) + } A fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181.610. (b) 'Staff member' has the meaning given that term in ORS 163.165. SECTION 7. { + (1) The amendments to ORS 163.208 and 166.070 by sections 5 and 6 of this 2011 Act apply to conduct occurring on or after the effective date of this 2011 Act. (2) Section 3 of this 2011 Act and the amendments to ORS 181.610 and 181.651 by sections 1 and 4 of this 2011 Act become operative on January 1, 2012. (3) The Department of Public Safety Standards and Training or the Oregon Liquor Control Commission may adopt rules or take any other action before the operative date specified in subsection (2) of this section that is necessary to enable the department or commission to exercise, on or after the operative date specified in subsection (2) of this section, all the duties, functions and powers conferred on the department or commission by this 2011 Act. + } SECTION 8. { + This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage. + } ----------