Bill Text: OR HB3153 | 2011 | Regular Session | Engrossed

Oregon House Bill 3153 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to reserve officers.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2011-07-20 - Chapter 641, (2011 Laws): Effective date January 1, 2012. [HB3153 Detail]

Download: Oregon-2011-HB3153-Engrossed.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 2083

                           B-Engrossed

                         House Bill 3153
                  Ordered by the Senate June 13
 Including House Amendments dated April 8 and Senate Amendments
                          dated June 13

Sponsored by Representative BARKER; Representatives GARRETT,
  SCHAUFLER

                             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.

  Includes reserve officers within definition of 'peace officer'
and 'police officer' for certain purposes.

                        A BILL FOR AN ACT
Relating to reserve officers; amending ORS 133.005, 161.015 and
  801.395.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 133.005 is amended to read:
  133.005. As used in ORS 133.005 to 133.381 and 133.410 to
133.450, unless the context requires otherwise:
  (1) 'Arrest' means to place a person under actual or
constructive restraint or to take a person into custody for the
purpose of charging that person with an offense. A 'stop' as
authorized under ORS 131.605 to 131.625 is not an arrest.
  (2) 'Federal officer' means a special agent or law enforcement
officer employed by a federal agency who is empowered to effect
an arrest with or without a warrant for violations of the United
States Code and who is authorized to carry firearms in the
performance of duty.
  (3) 'Peace officer' means a member of the Oregon State Police
or a sheriff, constable, marshal, municipal police officer,  { +
reserve officer, + } 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, or an investigator of the Criminal
Justice Division of the Department of Justice of the State of
Oregon.
   { +  (4) 'Reserve officer' means an officer or member of a law
enforcement agency who is:
  (a) A volunteer or 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, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission or the Governor or a member of the Department
of State Police;
  (b) Armed with a firearm; and
  (c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security. + }
  SECTION 2. ORS 161.015 is amended to read:
  161.015. As used in chapter 743, Oregon Laws 1971, and ORS
166.635, unless the context requires otherwise:
  (1) 'Dangerous weapon' means any weapon, device, instrument,
material or substance which under the circumstances in which it
is used, attempted to be used or threatened to be used, is
readily capable of causing death or serious physical injury.
  (2) 'Deadly weapon' means any instrument, article or substance
specifically designed for and presently capable of causing death
or serious physical injury.
  (3) 'Deadly physical force' means physical force that under the
circumstances in which it is used is readily capable of causing
death or serious physical injury.
  (4) 'Peace officer' means a sheriff, constable, marshal,
municipal police officer, member of the Oregon State Police,
 { +  reserve officer as defined in ORS 133.005, + } investigator
of the Criminal Justice Division of the Department of Justice or
investigator of a district attorney's office and such other
persons as may be designated by law.
  (5) 'Person' means a human being and, where appropriate, a
public or private corporation, an unincorporated association, a
partnership, a government or a governmental instrumentality.
  (6) 'Physical force' includes, but is not limited to, the use
of an electrical stun gun, tear gas or mace.
  (7) 'Physical injury' means impairment of physical condition or
substantial pain.
  (8) 'Serious physical injury' means physical injury which
creates a substantial risk of death or which causes serious and
protracted disfigurement, protracted impairment of health or
protracted loss or impairment of the function of any bodily
organ.
  (9) 'Possess' means to have physical possession or otherwise to
exercise dominion or control over property.
  (10) 'Public place' means a place to which the general public
has access and includes, but is not limited to, hallways, lobbies
and other parts of apartment houses and hotels not constituting
rooms or apartments designed for actual residence, and highways,
streets, schools, places of amusement, parks, playgrounds and
premises used in connection with public passenger transportation.
  SECTION 3. ORS 801.395 is amended to read:
  801.395. 'Police officer' includes a member of the Oregon State
Police, a sheriff, a deputy sheriff, a city police officer, a
Port of Portland peace officer { + , a reserve officer as defined
in ORS 133.005 + } or a law enforcement officer employed by a
service district established under ORS 451.410 to 451.610 for the
purpose of law enforcement services.
                         ----------