Bill Text: OR HB3251 | 2011 | Regular Session | Enrolled

---

Bill Title: Relating to confidentiality of public safety officer internal investigation records.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2011-06-23 - Chapter 485, (2011 Laws): Effective date January 1, 2012. [HB3251 Detail]

Download: Oregon-2011-HB3251-Enrolled.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 3251

Sponsored by Representative BARKER (at the request of Oregon
  Council of Police Associations)

                     CHAPTER ................

                             AN ACT

Relating to confidentiality of public safety officer internal
  investigation records.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + (1) As used in this section:
  (a) 'Law enforcement unit' has the meaning given that term in
ORS 181.610.
  (b) 'Public body' has the meaning given that term in ORS
192.410.
  (c) 'Public safety officer' has the meaning given that term in
ORS 181.610.
  (2) A public body may not disclose audio or video records of
internal investigation interviews of public safety officers.
  (3) Subsection (2) of this section does not prohibit disclosure
of the records described in subsection (2) of this section to:
  (a) A law enforcement unit for purposes of the investigation;
  (b) An attorney representing a public safety officer who is the
subject of the investigation;
  (c) The Department of Public Safety Standards and Training as
required by ORS 181.675;
  (d) A district attorney, as defined in ORS 131.005;
  (e) A public safety officer who is the subject of the
investigation;
  (f) An attorney for a defendant in a criminal proceeding
related to the investigation, for use in preparation for the
criminal proceeding;
  (g) A labor organization, as defined in ORS 243.650, for use in
an action by an employer against a member of the labor
organization for the purpose of punishing the member;
  (h) A public body responsible for civilian oversight or a
citizen review body designated by the public body for the
purposes of fulfilling the investigative and oversight functions
of the body;
  (i) A federal law enforcement agency for purposes of the
investigation; or
  (j) The Attorney General.
  (4) The disclosure of records under subsection (3) of this
section does not make the records subject to further
disclosure. + }
                         ----------

Enrolled House Bill 3251 (HB 3251-B)                       Page 1

Passed by House April 26, 2011

Repassed by House June 13, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate June 9, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 3251 (HB 3251-B)                       Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 3251 (HB 3251-B)                       Page 3