Bill Text: OR HB2823 | 2011 | Regular Session | Introduced

---

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2823 Detail]

Download: Oregon-2011-HB2823-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 2271

                         House Bill 2823

Sponsored by Representative GELSER; Representatives DEMBROW,
  FREDERICK, TOMEI, Senator PROZANSKI (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 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 2.  { + The amendments to ORS 161.205 by section 1 of
this 2011 Act apply to conduct occurring on or after the
effective date of this 2011 Act. + }
  SECTION 3.  { + 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. + }
                         ----------