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. + }
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