77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3464 House Bill 3257 Sponsored by Representative FREDERICK; Representatives BAILEY, BARNHART, BUCKLEY, CLEM, DEMBROW, DOHERTY, GALLEGOS, GELSER, GOMBERG, GORSEK, GREENLICK, HARKER, HOLVEY, KENY-GUYER, KOMP, KOTEK, LIVELY, TOMEI, VEGA PEDERSON, WITT, Senator DINGFELDER 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. Requires peace officers to inform stopped persons that giving consent to search is optional. Provides that failure to inform is prima facie evidence of involuntariness of consent. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to searching stopped persons; amending ORS 131.615; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 131.615 is amended to read: 131.615. (1) A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry. (2) The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time. (3) The inquiry shall be considered reasonable if it is limited to: (a) The immediate circumstances that aroused the officer's suspicion; (b) Other circumstances arising during the course of the detention and inquiry that give rise to a reasonable suspicion of criminal activity; and (c) Ensuring the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons. (4) { + (a) + } The inquiry may include a request for consent to search in relation to the circumstances specified in subsection (3) of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535 { - . - } { + only if: (A) The officer informs the person that giving consent to search is optional; and (B) The officer informs the person that refusing consent to search will not result in the person's arrest. (b) An officer may not obtain consent to search by threatening an action that the officer knows is unlawful. (c) An officer's failure to inform a stopped person as required under this subsection constitutes prima facie evidence of involuntariness of the consent to search. + } (5) A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present. SECTION 2. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ----------