Bill Text: OR HB4021 | 2012 | Regular Session | Introduced

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

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Bill Title: Relating to humane special agents; and declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2012-03-27 - Chapter 67, (2012 Laws): Effective date March 27, 2012. [HB4021 Detail]

Download: Oregon-2012-HB4021-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 119

                         House Bill 4021

Sponsored by Representative BARKER (at the request of Oregon
  Humane Society) (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.

  Requires Superintendent of State Police to commission employees
of humane investigation agency as humane special agents under
certain circumstances. Provides humane special agents engaged in
enforcement of animal welfare laws with certain powers and
protections provided to Oregon law enforcement officers.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to humane special agents; creating new provisions;
  amending ORS 133.005, 133.525, 133.721, 133.726, 153.005,
  161.015, 165.535, 181.010, 181.610, 609.652, 659A.320 and
  686.450; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) At the request of a humane investigation
agency, the Superintendent of State Police shall commission a
designated employee of the humane investigation agency as a
humane special agent, if:
  (a) The employee is certified, or is eligible for
certification, as a police officer under the provisions of ORS
181.610 to 181.712; and
  (b) The humane investigation agency furnishes to the
superintendent a copy of an insurance policy, purchased and
maintained by the humane investigation agency, that the
superintendent determines is sufficient to satisfy any tort
claims or demands that arise out of an alleged act or omission of
the employee occurring while the employee is engaged in enforcing
animal welfare laws.
  (2) Before granting a commission under this section, the
superintendent may require the employee to take and subscribe to
an oath of office to support the Constitution and laws of the
United States and of the State of Oregon, and to honestly and
faithfully perform the duties of a humane special agent.
  (3) The superintendent shall suspend or revoke a commission
granted under this section if the superintendent determines that:
  (a) The certification of the employee as a police officer has
lapsed or been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1), and has not been reissued under ORS 181.664 (2);
  (b) The employee has been separated from employment with the
humane investigation agency; or
  (c) The employee has abused the commission.
  (4) When the superintendent suspends or revokes a commission
granted under this section, the employee of the humane
investigation agency is entitled only to an informal opportunity
to be heard by the superintendent, for the purposes of explaining
any factual circumstances related to the suspension or revocation
and attempting to persuade the superintendent to reverse the
decision to suspend or revoke the commission.
  (5) Humane special agents commissioned under this section serve
at the expense of the humane investigation agency employing the
agent.
  (6) The superintendent may adopt rules to carry out the
provisions of this section.
  (7) As used in this section:
  (a) 'Animal welfare laws' includes ORS 164.055 (1)(e), 167.310
to 167.351, 167.352, 167.355, 167.360 to 167.372, 167.374,
167.376, 167.385, 167.388, 167.390 and 167.426 to 167.439.
  (b) 'Humane investigation agency' means a private, nonprofit
animal care agency that has maintained an animal welfare
investigation department for at least five years and has had
officers employed as special agents under ORS 131.805. + }
  SECTION 2.  { + (1) A humane special agent shall work
cooperatively with law enforcement agencies in enforcing animal
welfare laws and shall defer to the direction of a law
enforcement agency having jurisdiction over the commission of a
violation of animal welfare laws.
  (2) If a law enforcement agency requests assistance from a
humane investigation agency in investigating a violation of
animal welfare laws, the humane investigation agency shall
provide assistance to the maximum extent the humane investigation
agency determines is possible.
  (3) If a law enforcement agency or a humane investigation
agency learns of an allegation that a humane special agent has
abused the agent's commission, or otherwise has reasonable cause
to believe that the commission of a humane special agent is
subject to suspension or revocation under section 1 (3) of this
2012 Act, the agency shall promptly notify the Superintendent of
State Police.
  (4)(a) The State of Oregon and its officers and employees are
not liable for the acts or omissions of a humane special agent.
  (b) The humane investigation agency employing the humane
special agent is liable for the acts and omissions of the
agent. + }
   { +  (5) As used in this section:
  (a) 'Animal welfare laws' and 'humane investigation agency'
have the meanings given those terms in section 1 of this 2012
Act.
  (b) 'Humane special agent' means a person who is commissioned
under section 1 of this 2012 Act and is engaged in the
enforcement of animal welfare laws.
  (c) 'Law enforcement agency' includes the Department of State
Police, a county sheriff's office, a district attorney's office
and a municipal police department. + }
  SECTION 3. ORS 133.005 is amended to read:
  133.005. As used in ORS 133.005 to 133.400 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) A member of the Oregon State Police;
  (b) A sheriff, constable, marshal, municipal police officer or
reserve officer or a police officer commissioned by a university
under ORS 352.383;
  (c) An 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;
  (d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon;
   { +  (e) A humane special agent as defined in section 2 of
this 2012 Act; + } or
    { - (e) - }  { +  (f) + } An authorized tribal police officer
as defined in section 1, chapter 644, Oregon Laws 2011.
  (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 4. ORS 133.005, as amended by section 39, chapter 644,
Oregon Laws 2011, is amended to read:
  133.005. As used in ORS 133.005 to 133.400 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) A member of the Oregon State Police;
  (b) A sheriff, constable, marshal, municipal police officer or
reserve officer or a police officer commissioned by a university
under ORS 352.383;
  (c) An 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 - }
  (d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon { + ; or
  (e) A humane special agent as defined in section 2 of this 2012
Act + }.
  (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 5. ORS 133.525 is amended to read:
  133.525. As used in ORS 133.525 to 133.703, unless the context
requires otherwise:
  (1) 'Judge' means any judge of the circuit court, the Court of
Appeals, the Supreme Court, any justice of the peace or municipal
judge authorized to exercise the powers and perform the duties of
a justice of the peace.
  (2) 'Police officer' means:
  (a) A member of the Oregon State Police;
  (b) A sheriff or municipal police officer, a police officer
commissioned by a university under ORS 352.383 or an authorized
tribal police officer as defined in section 1, chapter 644,
Oregon Laws 2011;
  (c) An 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 - }
  (d) An investigator of the Criminal Justice Division of the
Department of Justice { + ; or
  (e) A humane special agent as defined in section 2 of this 2012
Act + }.
  SECTION 6. ORS 133.525, as amended by section 40, chapter 644,
Oregon Laws 2011, is amended to read:
  133.525. As used in ORS 133.525 to 133.703, unless the context
requires otherwise:
  (1) 'Judge' means any judge of the circuit court, the Court of
Appeals, the Supreme Court, any justice of the peace or municipal
judge authorized to exercise the powers and perform the duties of
a justice of the peace.
  (2) 'Police officer' means:
  (a) A member of the Oregon State Police;
  (b) A sheriff or municipal police officer or a police officer
commissioned by a university under ORS 352.383;
  (c) An 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 - }
  (d) An investigator of the Criminal Justice Division of the
Department of Justice { + ; or
  (e) A humane special agent as defined in section 2 of this 2012
Act + }.
  SECTION 7. ORS 133.721 is amended to read:
  133.721. As used in ORS 41.910 and 133.721 to 133.739, unless
the context requires otherwise:
  (1) 'Aggrieved person' means a person who was a party to any
wire, electronic or oral communication intercepted under ORS
133.724 or 133.726 or a person against whom the interception was
directed and who alleges that the interception was unlawful.
  (2) 'Contents,' when used with respect to any wire, electronic
or oral communication, includes any information concerning the
identity of the parties to such communication or the existence,
substance, purport or meaning of that communication.
  (3) 'Electronic communication' means any transfer of signs,
signals, writing, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a radio,
electromagnetic, photoelectronic or photo-optical system, or
transmitted in part by wire, but does not include:
  (a) Any oral communication or any communication that is
completely by wire; or
  (b) Any communication made through a tone-only paging device.
  (4) 'Electronic, mechanical or other device' means any device
or apparatus that can be used to intercept a wire, electronic or
oral communication other than:
  (a) Any telephone or telegraph instrument, equipment or
facility, or any component thereof that is furnished to the
subscriber or user by a telecommunications carrier in the
ordinary course of its business and that is being used by the
subscriber or user in the ordinary course of its business or
being used by a telecommunications carrier in the ordinary course
of its business, or by an investigative or law enforcement
officer in the ordinary course of official duties; or
  (b) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.
  (5) 'Intercept' means the acquisition, by listening or
recording, of the contents of any wire, electronic or oral
communication through the use of any electronic, mechanical or
other device.
  (6) 'Investigative or law enforcement officer' means:
  (a) An officer or other person employed to investigate or
enforce the law by:
  (A) A county sheriff or municipal police department, or a
police department established by a university under ORS 352.383;
  (B) The Oregon State Police, the Department of Corrections, the
Attorney General or a district attorney; or
  (C) Law enforcement agencies of other states or the federal
government;
   { +  (b) A humane special agent as defined in section 2 of
this 2012 Act; + } or
    { - (b) - }  { +  (c) + } An authorized tribal police officer
as defined in section 1, chapter 644, Oregon Laws 2011.
  (7) 'Oral communication' means:
  (a) Any oral communication, other than a wire or electronic
communication, uttered by a person exhibiting an expectation that
such communication is not subject to interception under
circumstances justifying such expectation; or
  (b) An utterance by a person who is participating in a wire or
electronic communication, if the utterance is audible to another
person who, at the time the wire or electronic communication
occurs, is in the immediate presence of the person participating
in the communication.
  (8) 'Telecommunications carrier' means:
  (a) A telecommunications utility as defined in ORS 759.005; or
  (b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
  (9) 'Telecommunications service' has the meaning given that
term in ORS 759.005.
  (10) 'Wire communication' means any communication made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception, whether
furnished or operated by a public utility or privately owned or
leased.
  SECTION 8. ORS 133.721, as amended by section 70, chapter 644,
Oregon Laws 2011, is amended to read:
  133.721. As used in ORS 41.910 and 133.721 to 133.739, unless
the context requires otherwise:
  (1) 'Aggrieved person' means a person who was a party to any
wire, electronic or oral communication intercepted under ORS
133.724 or 133.726 or a person against whom the interception was
directed and who alleges that the interception was unlawful.
  (2) 'Contents,' when used with respect to any wire, electronic
or oral communication, includes any information concerning the
identity of the parties to such communication or the existence,
substance, purport or meaning of that communication.
  (3) 'Electronic communication' means any transfer of signs,
signals, writing, images, sounds, data or intelligence of any
nature transmitted in whole or in part by a radio,
electromagnetic, photoelectronic or photo-optical system, or
transmitted in part by wire, but does not include:
  (a) Any oral communication or any communication that is
completely by wire; or
  (b) Any communication made through a tone-only paging device.
  (4) 'Electronic, mechanical or other device' means any device
or apparatus that can be used to intercept a wire, electronic or
oral communication other than:
  (a) Any telephone or telegraph instrument, equipment or
facility, or any component thereof that is furnished to the
subscriber or user by a telecommunications carrier in the
ordinary course of its business and that is being used by the
subscriber or user in the ordinary course of its business or
being used by a telecommunications carrier in the ordinary course
of its business, or by an investigative or law enforcement
officer in the ordinary course of official duties; or
  (b) A hearing aid or similar device being used to correct
subnormal hearing to not better than normal.
  (5) 'Intercept' means the acquisition, by listening or
recording, of the contents of any wire, electronic or oral
communication through the use of any electronic, mechanical or
other device.
  (6) 'Investigative or law enforcement officer' means { + :
  (a) + } An officer or other person employed to investigate or
enforce the law by:
    { - (a) - }  { +  (A) + } A county sheriff or municipal
police department, or a police department established by a
university under ORS 352.383;
    { - (b) - }  { +  (B) + } The Oregon State Police, the
Department of Corrections, the Attorney General or a district
attorney; or
    { - (c) - }  { +  (C) + } Law enforcement agencies of other
states or the federal government { + ; or
  (b) A humane special agent as defined in section 2 of this 2012
Act + }.
  (7) 'Oral communication' means:
  (a) Any oral communication, other than a wire or electronic
communication, uttered by a person exhibiting an expectation that
such communication is not subject to interception under
circumstances justifying such expectation; or
  (b) An utterance by a person who is participating in a wire or
electronic communication, if the utterance is audible to another
person who, at the time the wire or electronic communication
occurs, is in the immediate presence of the person participating
in the communication.
  (8) 'Telecommunications carrier' means:
  (a) A telecommunications utility as defined in ORS 759.005; or
  (b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
  (9) 'Telecommunications service' has the meaning given that
term in ORS 759.005.
  (10) 'Wire communication' means any communication made in whole
or in part through the use of facilities for the transmission of
communications by the aid of wire, cable or other like connection
between the point of origin and the point of reception, whether
furnished or operated by a public utility or privately owned or
leased.
  SECTION 9. ORS 133.726 is amended to read:
  133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
  (2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
regardless of whether the communication is specifically directed
to the person.
  (3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
  (a) The name of the applicant and the applicant's authority to
make the application;
  (b) A statement demonstrating that there is probable cause to
believe that a person whose oral communication is to be
intercepted is engaged in committing, has committed or is about
to commit a particular felony, or a misdemeanor under ORS 167.007
or 167.008, and that intercepting the oral communication will
yield evidence thereof; and
  (c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
  (4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
  (5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral
communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
  (a) There is probable cause to believe that a person is engaged
in committing, has committed or is about to commit a particular
felony, or a misdemeanor under ORS 167.007 or 167.008; and
  (b) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime.
  (6) An order authorizing or approving the interception of an
oral communication under this section must specify:
  (a) The identity of the person, if known, whose oral
communication is to be intercepted;
  (b) A statement identifying the particular crime to which the
oral communication is expected to relate;
  (c) The agency authorized under the order to intercept the oral
communication;
  (d) The name and office of the applicant and the signature and
title of the issuing judge;
  (e) A period of time after which the order shall expire; and
  (f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
  (7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
  (a) A crime punishable as a felony under ORS 475.752, 475.806
to 475.894 or 475.906 or as a misdemeanor under ORS 167.007 or
167.008; or
  (b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
  (8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
an oral communication is not required to exclude from the
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
  (9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
  (a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
  (b) To a magistrate;
  (c) In a presentation to a federal or state grand jury; or
  (d) In compliance with a court order.
  (10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
  (11) As used in this section, 'law enforcement officer ' means:
  (a) An officer employed to enforce criminal laws by:
  (A) The United States, this state or a municipal government
within this state;
  (B) A political subdivision, agency, department or bureau of
the governments described in subparagraph (A) of this paragraph;
or
  (C) A police department established by a university under ORS
352.383;
   { +  (b) A humane special agent as defined in section 2 of
this 2012 Act;  + }or
    { - (b) - }  { +  (c) + } An authorized tribal police officer
as defined in section 1, chapter 644, Oregon Laws 2011.
  (12) Violation of subsection (9) of this section is a Class A
misdemeanor.
  SECTION 10. ORS 133.726, as amended by section 71, chapter 644,
Oregon Laws 2011, is amended to read:
  133.726. (1) Notwithstanding ORS 133.724, under the
circumstances described in this section, a law enforcement
officer is authorized to intercept an oral communication to which
the officer or a person under the direct supervision of the
officer is a party, without obtaining an order for the
interception of a wire, electronic or oral communication under
ORS 133.724.
  (2) For purposes of this section and ORS 133.736, a person is a
party to an oral communication if the oral communication is made
in the person's immediate presence and is audible to the person
regardless of whether the communication is specifically directed
to the person.
  (3) An ex parte order for intercepting an oral communication in
any county of this state under this section may be issued by any
judge as defined in ORS 133.525 upon written application made
upon oath or affirmation of the district attorney or a deputy
district attorney authorized by the district attorney for the
county in which the order is sought or upon the oath or
affirmation of any peace officer as defined in ORS 133.005. The
application shall include:
  (a) The name of the applicant and the applicant's authority to
make the application;
  (b) A statement demonstrating that there is probable cause to
believe that a person whose oral communication is to be
intercepted is engaged in committing, has committed or is about
to commit a particular felony, or a misdemeanor under ORS 167.007
or 167.008, and that intercepting the oral communication will
yield evidence thereof; and
  (c) The identity of the person, if known, suspected of
committing the crime and whose oral communication is to be
intercepted.
  (4) The judge may require the applicant to furnish further
testimony or documentary evidence in support of the application.
  (5) Upon examination of the application and evidence, the judge
may enter an ex parte order, as requested or as modified,
authorizing or approving the interception of an oral

communication within the state if the judge determines on the
basis of the facts submitted by the applicant that:
  (a) There is probable cause to believe that a person is engaged
in committing, has committed or is about to commit a particular
felony, or a misdemeanor under ORS 167.007 or 167.008; and
  (b) There is probable cause to believe that the oral
communication to be obtained will contain evidence concerning
that crime.
  (6) An order authorizing or approving the interception of an
oral communication under this section must specify:
  (a) The identity of the person, if known, whose oral
communication is to be intercepted;
  (b) A statement identifying the particular crime to which the
oral communication is expected to relate;
  (c) The agency authorized under the order to intercept the oral
communication;
  (d) The name and office of the applicant and the signature and
title of the issuing judge;
  (e) A period of time after which the order shall expire; and
  (f) A statement that the order authorizes only the interception
of an oral communication to which a law enforcement officer or a
person under the direct supervision of a law enforcement officer
is a party.
  (7) An order under ORS 133.724 or this section is not required
when a law enforcement officer intercepts an oral communication
to which the officer or a person under the direct supervision of
the officer is a party if the oral communication is made by a
person whom the officer has probable cause to believe has
committed, is engaged in committing or is about to commit:
  (a) A crime punishable as a felony under ORS 475.752, 475.806
to 475.894 or 475.906 or as a misdemeanor under ORS 167.007 or
167.008; or
  (b) Any other crime punishable as a felony if the circumstances
at the time the oral communication is intercepted are of such
exigency that it would be unreasonable to obtain a court order
under ORS 133.724 or this section.
  (8) A law enforcement officer who intercepts an oral
communication pursuant to this section may not intentionally fail
to record and preserve the oral communication in its entirety. A
law enforcement officer, or a person under the direct supervision
of the officer, who is authorized under this section to intercept
an oral communication is not required to exclude from the
interception an oral communication made by a person for whom
probable cause does not exist if the officer or the person under
the officer's direct supervision is a party to the oral
communication.
  (9) A law enforcement officer may not divulge the contents of
an oral communication intercepted under this section before a
preliminary hearing or trial in which an oral communication is
going to be introduced as evidence against a person except:
  (a) To a superior officer or other official with whom the law
enforcement officer is cooperating in the enforcement of the
criminal laws of this state or the United States;
  (b) To a magistrate;
  (c) In a presentation to a federal or state grand jury; or
  (d) In compliance with a court order.
  (10) A law enforcement officer may intercept an oral
communication under this section only when acting within the
scope of the officer's employment and as a part of assigned
duties.
  (11) As used in this section, 'law enforcement officer '
means { + :
  (a) + } An officer employed to enforce criminal laws by:
    { - (a) - }  { +  (A) + } The United States, this state or a
municipal government within this state;

    { - (b) - }  { +  (B) + } A political subdivision, agency,
department or bureau of the governments described in paragraph
(a) of this subsection; or
    { - (c) - }  { +  (C) + } A police department established by
a university under ORS 352.383 { + ; or
  (b) A humane special agent as defined in section 2 of this 2012
Act + }.
  (12) Violation of subsection (9) of this section is a Class A
misdemeanor.
  SECTION 11. ORS 153.005 is amended to read:
  153.005. As used in this chapter:
  (1) 'Enforcement officer' means:
  (a) A member of the Oregon State Police.
  (b) A sheriff or deputy sheriff.
  (c) A city marshal or a member of the police of a city,
municipal or quasi-municipal corporation.
  (d) A police officer commissioned by a university under ORS
352.383.
  (e) An 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.
  (f) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon.
  (g) A Port of Portland peace officer.
   { +  (h) A humane special agent as defined in section 2 of
this 2012 Act. + }
    { - (h) - }  { +  (i) + } An authorized tribal police officer
as defined in section 1, chapter 644, Oregon Laws 2011.
    { - (i) - }  { +  (j) + } Any other person specifically
authorized by law to issue citations for the commission of
violations.
  (2) 'Traffic offense' has the meaning given that term in ORS
801.555.
  (3) 'Violation' means an offense described in ORS 153.008.
  (4) 'Violation proceeding' means a judicial proceeding
initiated by issuance of a citation that charges a person with
commission of a violation.
  SECTION 12. ORS 153.005, as amended by section 45, chapter 644,
Oregon Laws 2011, is amended to read:
  153.005. As used in this chapter:
  (1) 'Enforcement officer' means:
  (a) A member of the Oregon State Police.
  (b) A sheriff or deputy sheriff.
  (c) A city marshal or a member of the police of a city,
municipal or quasi-municipal corporation.
  (d) A police officer commissioned by a university under ORS
352.383.
  (e) An 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.
  (f) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon.
  (g) A Port of Portland peace officer.
   { +  (h) A humane special agent as defined in section 2 of
this 2012 Act. + }
    { - (h) - }  { +  (i) + } Any other person specifically
authorized by law to issue citations for the commission of
violations.
  (2) 'Traffic offense' has the meaning given that term in ORS
801.555.
  (3) 'Violation' means an offense described in ORS 153.008.
  (4) 'Violation proceeding' means a judicial proceeding
initiated by issuance of a citation that charges a person with
commission of a violation.
  SECTION 13. 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) A member of the Oregon State Police;
  (b) A sheriff, constable, marshal, municipal police officer or
reserve officer as defined in ORS 133.005, or a police officer
commissioned by a university under ORS 352.383;
  (c) An investigator of the Criminal Justice Division of the
Department of Justice or investigator of a district attorney's
office;
   { +  (d) A humane special agent as defined in section 2 of
this 2012 Act; + }
    { - (d) - }  { +  (e) + } An authorized tribal police officer
as defined in section 1, chapter 644, Oregon Laws 2011; and
    { - (e) - }  { +  (f) + } Any other person designated by law
as a peace officer.
  (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 14. ORS 161.015, as amended by section 46, chapter 644,
Oregon Laws 2011, 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) A member of the Oregon State Police;
  (b) A sheriff, constable, marshal, municipal police officer or
reserve officer as defined in ORS 133.005, or a police officer
commissioned by a university under ORS 352.383;

  (c) An investigator of the Criminal Justice Division of the
Department of Justice or investigator of a district attorney's
office;
   { +  (d) A humane special agent as defined in section 2 of
this 2012 Act;  + }and
    { - (d) - }  { +  (e) + } Any other person designated by law
as a peace officer.
  (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 15. ORS 165.535 is amended to read:
  165.535. As used in ORS 41.910, 133.723, 133.724, 165.540 and
165.545:
  (1) 'Conversation' means the transmission between two or more
persons of an oral communication which is not a telecommunication
or a radio communication.
  (2) 'Person' has the meaning given that term in ORS 174.100 and
includes:
  (a) Public officials and law enforcement officers of:
  (A) The state and of a county, municipal corporation or any
other political subdivision of the state; and
  (B) A police department established by a university under ORS
352.383;
   { +  (b) A humane special agent as defined in section 2 of
this 2012 Act;  + }and
    { - (b) - }  { +  (c) + } An authorized tribal police officer
as defined in section 1, chapter 644, Oregon Laws 2011.
  (3) 'Radio communication' means the transmission by radio or
other wireless methods of writing, signs, signals, pictures and
sounds of all kinds, including all instrumentalities, facilities,
equipment and services (including, among other things, the
receipt, forwarding and delivering of communications) incidental
to such transmission.
  (4) 'Telecommunication' means the transmission of writing,
signs, signals, pictures and sounds of all kinds by aid of wire,
cable or other similar connection between the points of origin
and reception of such transmission, including all
instrumentalities, facilities, equipment and services (including,
among other things, the receipt, forwarding and delivering of
communications) incidental to such transmission.
  SECTION 16. ORS 165.535, as amended by section 74, chapter 644,
Oregon Laws 2011, is amended to read:
  165.535. As used in ORS 41.910, 133.723, 133.724, 165.540 and
165.545:
  (1) 'Conversation' means the transmission between two or more
persons of an oral communication which is not a telecommunication
or a radio communication.
  (2) 'Person' has the meaning given that term in ORS 174.100 and
includes { + :
  (a) + } Public officials and law enforcement officers of:
    { - (a) - }  { +  (A) + } The state and of a county,
municipal corporation or any other political subdivision of the
state; and
    { - (b) - }  { +  (B) + } A police department established by
a university under ORS 352.383 { + ; and
  (b) A humane special agent as defined in section 2 of this 2012
Act + }.
  (3) 'Radio communication' means the transmission by radio or
other wireless methods of writing, signs, signals, pictures and
sounds of all kinds, including all instrumentalities, facilities,
equipment and services (including, among other things, the
receipt, forwarding and delivering of communications) incidental
to such transmission.
  (4) 'Telecommunication' means the transmission of writing,
signs, signals, pictures and sounds of all kinds by aid of wire,
cable or other similar connection between the points of origin
and reception of such transmission, including all
instrumentalities, facilities, equipment and services (including,
among other things, the receipt, forwarding and delivering of
communications) incidental to such transmission.
  SECTION 17. ORS 181.010 is amended to read:
  181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
  (1) 'Criminal justice agency' means:
  (a) The Governor;
  (b) Courts of criminal jurisdiction;
  (c) The Attorney General;
  (d) District attorneys, city attorneys with criminal
prosecutorial functions, attorney employees of the office of
public defense services and nonprofit public defender
organizations established under contract with the Public Defense
Services Commission;
  (e) Law enforcement agencies;
  (f) The Department of Corrections;
  (g) The Oregon Youth Authority;
  (h) The State Board of Parole and Post-Prison Supervision;
  (i) The Department of Public Safety Standards and Training;
  (j) Regional information systems that share programs to track,
identify and remove cross-jurisdictional criminal and terrorist
conspiracies; and
  (k) Any other state or local agency with law enforcement
authority.
  (2) 'Criminal offender information' includes records and
related data as to physical description and vital statistics,
fingerprints received and compiled for purposes of identifying
criminal offenders and alleged offenders, records of arrests and
the nature and disposition of criminal charges, including
sentencing, confinement, parole and release.
  (3) 'Department' means the Department of State Police
established under ORS 181.020.
  (4) 'Deputy superintendent' means the Deputy Superintendent of
State Police appointed under ORS 181.220.
  (5) 'Designated agency' means any state, county or municipal
government agency where Oregon criminal offender information is
required to implement a federal or state statute, executive order
or administrative rule that expressly refers to criminal conduct
and contains requirements or exclusions expressly based on such
conduct or for agency employment purposes, licensing purposes or
other demonstrated and legitimate needs when designated by order
of the Governor.
  (6) 'Disposition report' means a form or process prescribed or
furnished by the department, containing a description of the
ultimate action taken subsequent to an arrest.
  (7) 'Law enforcement agency' means:

  (a) County sheriffs, municipal police departments, police
departments established by a university under ORS 352.383 and
State Police;
  (b) Other police officers of this state or another state { + ,
including humane special agents as defined in section 2 of this
2012 Act + };
  (c) A tribal government as defined in section 1, chapter 644,
Oregon Laws 2011, that employs authorized tribal police officers
as defined in section 1, chapter 644, Oregon Laws 2011; and
  (d) Law enforcement agencies of the federal government.
  (8) 'State police' means the sworn members of the state police
force appointed under ORS 181.250.
  (9) 'Superintendent' means the Superintendent of State Police
appointed under ORS 181.200.
  SECTION 18. ORS 181.010, as amended by section 49, chapter 644,
Oregon Laws 2011, is amended to read:
  181.010. As used in ORS 181.010 to 181.560 and 181.715 to
181.730, unless the context requires otherwise:
  (1) 'Criminal justice agency' means:
  (a) The Governor;
  (b) Courts of criminal jurisdiction;
  (c) The Attorney General;
  (d) District attorneys, city attorneys with criminal
prosecutorial functions, attorney employees of the office of
public defense services and nonprofit public defender
organizations established under contract with the Public Defense
Services Commission;
  (e) Law enforcement agencies;
  (f) The Department of Corrections;
  (g) The Oregon Youth Authority;
  (h) The State Board of Parole and Post-Prison Supervision;
  (i) The Department of Public Safety Standards and Training;
  (j) Regional information systems that share programs to track,
identify and remove cross-jurisdictional criminal and terrorist
conspiracies; and
  (k) Any other state or local agency with law enforcement
authority.
  (2) 'Criminal offender information' includes records and
related data as to physical description and vital statistics,
fingerprints received and compiled for purposes of identifying
criminal offenders and alleged offenders, records of arrests and
the nature and disposition of criminal charges, including
sentencing, confinement, parole and release.
  (3) 'Department' means the Department of State Police
established under ORS 181.020.
  (4) 'Deputy superintendent' means the Deputy Superintendent of
State Police appointed under ORS 181.220.
  (5) 'Designated agency' means any state, county or municipal
government agency where Oregon criminal offender information is
required to implement a federal or state statute, executive order
or administrative rule that expressly refers to criminal conduct
and contains requirements or exclusions expressly based on such
conduct or for agency employment purposes, licensing purposes or
other demonstrated and legitimate needs when designated by order
of the Governor.
  (6) 'Disposition report' means a form or process prescribed or
furnished by the department, containing a description of the
ultimate action taken subsequent to an arrest.
  (7) 'Law enforcement agency' means:
  (a) County sheriffs, municipal police departments, police
departments established by a university under ORS 352.383 and
State Police;
  (b) Other police officers of this state or another state { + ,
including humane special agents as defined in section 2 of this
2012 Act + }; and
  (c) Law enforcement agencies of the federal government.
  (8) 'State police' means the sworn members of the state police
force appointed under ORS 181.250.
  (9) 'Superintendent' means the Superintendent of State Police
appointed under ORS 181.200.
  SECTION 19. ORS 181.610 is amended to read:
  181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
  (1) 'Abuse' has the meaning given the term in ORS 107.705.
  (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  (3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  (a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
  (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  (6) 'Department' means the Department of Public Safety
Standards and Training.
  (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  (8) 'Domestic violence' means abuse between family or household
members.
  (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  (12) 'Law enforcement unit' means:
  (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government as defined in
section 1, chapter 644, Oregon Laws 2011, that employs authorized
tribal police officers as defined in section 1, chapter 644,
Oregon Laws 2011, the Criminal Justice Division of the Department
of Justice, the Department of Corrections, the Oregon State
Lottery Commission or common carrier railroad the primary duty of
which, as prescribed by law, ordinance or directive, is one or
more of the following:
  (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  (C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation;
  (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  (c) A district attorney's office; or
  (d)   { - A private, nonprofit animal care agency that has
maintained an animal welfare investigation department for at
least five years and has had officers commissioned as special
agents by the Governor - }  { +  A humane investigation agency as
defined in section 1 of this 2012 Act + }.
  (13) 'Parole and probation officer' means:
  (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  (b) An officer who:
  (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  (C) Is charged with and performs the duty of:
  (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  (14) 'Police officer' means an officer, member or employee of a
law enforcement unit employed full-time as a peace officer who
is:
  (a)(A) Commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police; and
  (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security; or
  (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state   { - or is - }  { + , + } an authorized tribal
police officer as defined in section 1, chapter 644, Oregon Laws
2011 { + , or a humane special agent commissioned under section 1
of this 2012 Act + }.
  (15) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  (16) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators
and fire service professionals.

  (17) 'Reserve officer' means an officer or member of a law
enforcement unit 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, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or 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.
  (18) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
  (19) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
  SECTION 20. ORS 181.610, as amended by section 50, chapter 644,
Oregon Laws 2011, is amended to read:
  181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
  (1) 'Abuse' has the meaning given the term in ORS 107.705.
  (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  (3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  (a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
  (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  (6) 'Department' means the Department of Public Safety
Standards and Training.
  (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  (8) 'Domestic violence' means abuse between family or household
members.
  (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  (12) 'Law enforcement unit' means:
  (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government, the Criminal
Justice Division of the Department of Justice, the Department of
Corrections, the Oregon State Lottery Commission or common
carrier railroad the primary duty of which, as prescribed by law,
ordinance or directive, is one or more of the following:
  (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  (C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation;
  (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  (c) A district attorney's office; or
  (d)   { - A private, nonprofit animal care agency that has
maintained an animal welfare investigation department for at
least five years and has had officers commissioned as special
agents by the Governor - }   { + A humane investigation agency as
defined in section 1 of this 2012 Act + }.
  (13) 'Parole and probation officer' means:
  (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  (b) An officer who:
  (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  (C) Is charged with and performs the duty of:
  (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  (14) 'Police officer' means an officer, member or employee of a
law enforcement unit employed full-time as a peace officer who
is:
  (a)(A) Commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or the Department of State Police; and

  (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security; or
  (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state { +  or a humane special agent commissioned
under section 1 of this 2012 Act + }.
  (15) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  (16) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators
and fire service professionals.
  (17) 'Reserve officer' means an officer or member of a law
enforcement unit 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, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or 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.
  (18) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
  (19) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
  SECTION 21. ORS 609.652 is amended to read:
  609.652. As used in ORS 609.654:
  (1)(a) 'Aggravated animal abuse' means any animal abuse as
described in ORS 167.322.
  (b) 'Aggravated animal abuse' does not include:
  (A) Good animal husbandry, as defined in ORS 167.310; or
  (B) Any exemption listed in ORS 167.335.
  (2) 'Law enforcement agency' means:
  (a) Any city or municipal police department.
  (b) A police department established by a university under ORS
352.383.
  (c) Any county sheriff's office.
  (d) The Oregon State Police.
  (e) A law enforcement division of a county or municipal animal
control agency that employs sworn officers.
   { +  (f) A humane investigation agency as defined in section 1
of this 2012 Act that employs humane special agents commissioned
under section 1 of this 2012 Act. + }
  (3) 'Public or private official' means:
  (a) A physician, including any intern or resident.
  (b) A dentist.
  (c) A school employee.
  (d) A licensed practical nurse or registered nurse.
  (e) An employee of the Department of Human Services, Oregon
Health Authority, State Commission on Children and Families,
Child Care Division of the Employment Department, the Oregon
Youth Authority, a county health department, a community mental
health program, a community developmental disabilities program, a
county juvenile department, a licensed child-caring agency or an
alcohol and drug treatment program.
  (f) A peace officer.
  (g) A psychologist.
  (h) A member of the clergy.
  (i) A regulated social worker.
  (j) An optometrist.
  (k) A chiropractor.
  (L) A certified provider of foster care, or an employee
thereof.
  (m) An attorney.
  (n) A naturopathic physician.
  (o) A licensed professional counselor.
  (p) A licensed marriage and family therapist.
  (q) A firefighter or emergency medical services provider.
  (r) A court appointed special advocate, as defined in ORS
419A.004.
  (s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
  (t) A member of the Legislative Assembly.
  SECTION 22. ORS 659A.320 is amended to read:
  659A.320. (1) Except as provided in subsection (2) of this
section, it is an unlawful employment practice for an employer to
obtain or use for employment purposes information contained in
the credit history of an applicant for employment or an employee,
or to refuse to hire, discharge, demote, suspend, retaliate or
otherwise discriminate against an applicant or an employee with
regard to promotion, compensation or the terms, conditions or
privileges of employment based on information in the credit
history of the applicant or employee.
  (2) Subsection (1) of this section does not apply to:
  (a) Employers that are federally insured banks or credit
unions;
  (b) Employers that are required by state or federal law to use
individual credit history for employment purposes;
  (c) The application for employment or the employment of a
public safety officer who will be or who is:
  (A) A member of a law enforcement unit;
  (B) Employed as a peace officer commissioned by a city, port,
school district, mass transit district, county, university under
ORS 352.383, Indian reservation,  { + the Superintendent of State
Police under section 1 of this 2012 Act, + } the Criminal Justice
Division of the Department of Justice, the Oregon State Lottery
Commission or the Governor; and
  (C) Responsible for enforcing the criminal laws of this state
or laws or ordinances related to airport security; or
  (d) The obtainment or use by an employer of information in the
credit history of an applicant or employee because the
information is substantially job-related and the employer's
reasons for the use of such information are disclosed to the
employee or prospective employee in writing.
  (3) An employee or an applicant for employment may file a
complaint under ORS 659A.820 for violations of this section and
may bring a civil action under ORS 659A.885 and recover the
relief as provided by ORS 659A.885 (1) and (2).
  (4) As used in this section, 'credit history' means any written
or other communication of any information by a consumer reporting
agency that bears on a consumer's creditworthiness, credit
standing or credit capacity.
  SECTION 23. ORS 686.450 is amended to read:
  686.450. As used in ORS 686.450 to 686.465 and 686.990 (3):
  (1)(a) 'Aggravated animal abuse' means any animal abuse as
described in ORS 167.322.
  (b) 'Aggravated animal abuse' does not include:
  (A) Good animal husbandry, as defined in ORS 167.310; or
  (B) Any exemption listed in ORS 167.335.
  (2) 'Law enforcement agency' means:
  (a) Any city or municipal police department.
  (b) A police department established by a university under ORS
352.383.
  (c) Any county sheriff's office.
  (d) The Oregon State Police.
  (e) A law enforcement division of a humane society in Oregon
that employs special agents authorized under ORS 131.805 { +  or
humane special agents commissioned under section 1 of this 2012
Act + }.
  (f) A law enforcement division of a county or municipal animal
control agency that employs sworn officers.
  (3) 'Veterinarian' means a person licensed to practice
veterinary medicine under ORS chapter 686.
  SECTION 22.  { + This 2012 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2012 Act takes effect on
its passage. + }
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