Bill Text: OR HB4163 | 2012 | Regular Session | Enrolled
Bill Title: Relating to judicial security personnel; and declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-27 - Chapter 88, (2012 Laws): Effective date March 27, 2012. [HB4163 Detail]
Download: Oregon-2012-HB4163-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4163
Sponsored by Representative HICKS (Presession filed.)
CHAPTER ................
AN ACT
Relating to judicial security personnel; creating new provisions;
amending ORS 1.177 and 181.610; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 1.177 is amended to read:
1.177. (1) The Chief Justice of the Supreme Court may appoint
an Advisory Committee on State Court Security and Emergency
Preparedness for the Supreme Court, Court of Appeals, Oregon Tax
Court and office of the State Court Administrator.
(2) A committee appointed under this section shall meet at the
call of the Chief Justice.
(3) A committee appointed under this section shall submit to
the Chief Justice a state plan for state court security
improvement, emergency preparedness and business continuity for
each building containing or utilized by the Supreme Court, Court
of Appeals, Oregon Tax Court or office of the State Court
Administrator. The plan shall include capital outlay needs and
may include recommendations concerning:
(a) Procedures for the secure handling, transportation and
disposal of hazardous substances and contraband in court
proceedings;
(b) Emergency alarm systems accessible to all court employees;
(c) Physical security for judges, staff and the public;
(d) Procedures for emergency evacuation of buildings containing
or utilized by the Supreme Court, Court of Appeals, Oregon Tax
Court or office of the State Court Administrator;
(e) Procedures for identifying { - court - }
{ + judicial + } security personnel, including a { - court
security officer - } { + judicial security marshal + } to be
appointed by the Chief Justice, who shall be responsible for:
(A) The management of the plan;
(B) A regular security inspection of each building containing
or utilized by the Supreme Court, Court of Appeals, Oregon Tax
Court or office of the State Court Administrator; and
(C) Regular security training of sheriff's department, judicial
department and district attorney personnel; and
(f) Priorities for available court facilities within the
building based on the level of security needed.
(4) The plan may also include:
(a) An evaluation of how each of the items listed in subsection
(3) of this section is being addressed and should be addressed;
(b) How practices, facilities and equipment falling below
appropriate levels are to be improved;
Enrolled House Bill 4163 (HB 4163-INTRO) Page 1
(c) The anticipated cost of improving practices, facilities and
equipment that fall below appropriate levels;
(d) The funding source for each improvement; and
(e) The time schedule for implementation of improvements.
(5) Adoption of a plan under this section is subject to the
approval of the Chief Justice. The plan may conclude that state
court facility security is adequate.
(6) Implementation of the elements of a plan that have a
significant fiscal impact are subject to availability of funding.
(7) The plan adopted under this section shall be reviewed and
revised or amended as needed, not later than June 30 of each
odd-numbered year.
(8) Except as provided in this subsection, a plan prepared
under this section is confidential and need not be disclosed
under the provisions of ORS 192.410 to 192.505. The Chief Justice
may authorize the disclosure of all or part of a plan prepared
under this section if the Chief Justice determines that the
interest of the public would be served by the disclosure and that
the disclosure will not impair the integrity of the plan. Records
of expenditures for a state court security plan and records of
equipment purchased under the plan are not confidential under the
provisions of this subsection, and are subject to disclosure as
public records under the provisions of ORS 192.410 to 192.505.
SECTION 2. { + Section 3 of this 2012 Act is added to and made
a part of ORS 181.610 to 181.712. + }
SECTION 3. { + (1) Upon request of the Security and Emergency
Preparedness Office of the Judicial Department, the Department of
Public Safety Standards and Training shall certify individual
members of the judicial security personnel identified pursuant to
ORS 1.177 as being qualified in the same manner as police
officers pursuant to ORS 181.640.
(2) The provisions of ORS 181.610 to 181.712 relating to the
training and certification of police officers apply to individual
members of the judicial security personnel trained pursuant to
subsection (1) of this section.
(3) Notwithstanding any other provision of law, the Security
and Emergency Preparedness Office of the Judicial Department
shall bear the expense of training pursuant to subsection (1) of
this section. + }
SECTION 4. 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
Enrolled House Bill 4163 (HB 4163-INTRO) Page 2
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 { + , the Security and Emergency Preparedness
Office of the Judicial Department + } 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.
(13) 'Parole and probation officer' means:
Enrolled House Bill 4163 (HB 4163-INTRO) Page 3
(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 { + :
(a) + } 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
(c) An individual member of the judicial security personnel
identified pursuant to ORS 1.177 who is trained pursuant to
section 3 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
Enrolled House Bill 4163 (HB 4163-INTRO) Page 4
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 5. 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
Enrolled House Bill 4163 (HB 4163-INTRO) Page 5
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 { + , the
Security and Emergency Preparedness Office of the Judicial
Department + } 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.
(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 { + :
(a) + } 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,
Enrolled House Bill 4163 (HB 4163-INTRO) Page 6
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
(c) An individual member of the judicial security personnel
identified pursuant to ORS 1.177 who is trained pursuant to
section 3 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 6. { + 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. + }
----------
Enrolled House Bill 4163 (HB 4163-INTRO) Page 7
Passed by House February 27, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate February 29, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4163 (HB 4163-INTRO) Page 8
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4163 (HB 4163-INTRO) Page 9
