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. + }
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