Bill Text: OR SB560 | 2013 | Regular Session | Introduced

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Bill Title: Relating to profiling in law enforcement investigatory activity.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB560 Detail]

Download: Oregon-2013-SB560-Introduced.html

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     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 1627

                         Senate Bill 560

Sponsored by Senator SHIELDS, Representative DEMBROW; Senator
  DINGFELDER (at the request of The Center for Intercultural
  Organizing)

                             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.

  Prohibits law enforcement agencies and officers from profiling
based on specified personal characteristics or circumstances of
individuals, except when characteristics or circumstances are
tied to specific suspect description or credible information
related to criminal incident or activity.
  Requires law enforcement agencies to adopt policies and
procedures to eliminate profiling based on specified
characteristics or circumstances of individuals and procedures
for investigation of complaints against law enforcement officers.
  Requires Attorney General to establish independent procedures
for receiving and recording complaints.

                        A BILL FOR AN ACT
Relating to profiling in law enforcement investigatory activity.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 4 of this 2013 Act:
  (1) 'Law enforcement agency' means the Department of State
Police, the Department of Justice, a district attorney's office,
a political subdivision or an instrumentality of the State of
Oregon, a municipal corporation of the State of Oregon, a tribal
government or a university, that maintains a law enforcement unit
as defined in ORS 181.610 (12)(a)(A).
  (2) 'Law enforcement 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 law enforcement
officer in this or any other state;
  (d) An investigator of the Criminal Justice Division of the
Department of Justice;
  (e) A humane special agent as defined in section 2, chapter 67,
Oregon Laws 2012;
  (f) Judicial security personnel of the Security and Emergency
Preparedness Office of the Judicial Department who are certified
under section 3, chapter 88, Oregon Laws 2012;
  (g) A liquor enforcement inspector exercising authority
described in ORS 471.775 (2); or
  (h) A tribal police officer.
  (3) 'Routine or spontaneous investigatory activity ' includes
an interview, a detention, a traffic stop, a pedestrian stop, a
frisk or other type of bodily search and a search of personal or
real property.
  (4) 'Sexual orientation' has the meaning given that term in ORS
174.100. + }
  SECTION 2.  { + (1) In conducting a routine or spontaneous
investigatory activity or in determining the scope, substance or
duration of the routine or spontaneous investigatory activity, a
law enforcement agency or a law enforcement officer may not rely
on age, race, ethnicity, color, national origin, language,
gender, sexual orientation, political affiliation, religion,
income, homelessness, physical or mental disability or serious
medical condition, except in a specific suspect description
related to a criminal incident or suspected criminal activity, to
select an individual for or subject the individual to the routine
or spontaneous investigatory activity.
  (2) In conducting an investigatory activity in connection with
an investigation, a law enforcement agency or a law enforcement
officer may not rely on age, race, ethnicity, color, national
origin, language, gender, sexual orientation, political
affiliation, religion, income, homelessness, physical or mental
disability or serious medical condition as an identifying
characteristic or circumstance of an individual, except to the
extent that credible information relevant to the locality or time
frame links the individual to an identified criminal incident or
criminal activity. + }
  SECTION 3.  { + (1) A law enforcement agency shall:
  (a) Adopt written policies and procedures designed to eliminate
any practice by its law enforcement officers that violates a
provision of section 2 of this 2013 Act; and
  (b) Provide training to its law enforcement officers, during
orientation and at least once every two years, that the law
enforcement agency determines will assist its law enforcement
officers in adhering to the provisions of section 2 of this 2013
Act and to the policies and procedures adopted under this
section.
  (2) As part of the administrative complaint procedures of a law
enforcement agency, the agency shall, at a minimum:
  (a) Investigate a complaint alleging that one of its law
enforcement officers violated a provision of section 2 of this
2013 Act;
  (b) Take appropriate measures to discipline the law enforcement
officer, including facilitating mediation or other restorative
justice measures, when it is determined that the law enforcement
officer violated a provision of section 2 of this 2013 Act;
  (c) Provide appropriate forms for submitting complaints
alleging a violation of a provision of section 2 of this 2013 Act
by one of its law enforcement officers;
  (d) Publish the policies and procedures adopted under this
section; and
  (e) Submit to the Attorney General a redacted copy of each
complaint alleging a violation of a provision of section 2 of
this 2013 Act by one of its law enforcement officers and the
disposition of the complaint, in a manner that does not disclose
personal identifying information of a law enforcement officer or
the complainant.
  (3) A law enforcement agency shall:
  (a) Establish a time frame within which a complaint alleging a
violation of a provision of section 2 of this 2013 Act by one of
its law enforcement officers may be made. The time frame may not
be less than 90 days or more than 180 days after commission of
the alleged violation.

  (b) Allow a complaint alleging a violation of a provision of
section 2 of this 2013 Act by one of its law enforcement officers
to be made:
  (A) In person;
  (B) In a writing signed by the complainant and delivered by
hand, postal mail, facsimile or electronic mail; or
  (C) By telephone, anonymously or through a third party. + }
  SECTION 4.  { + (1) The Attorney General shall establish
independent procedures for receiving and maintaining a record of
complaints alleging a violation of a provision of section 2 of
this 2013 Act by any law enforcement agency or any law
enforcement officer.
  (2) The Attorney General may:
  (a) Initiate an investigation of a complaint alleging a
violation or a systematic pattern of violations of the provisions
of section 2 of this 2013 Act; and
  (b) Take action as the Attorney General deems appropriate.
  (3) The Attorney General may publish a report or summary of
findings regarding violations of the provisions of section 2 of
this 2013 Act. The report or summary must be redacted to prevent
disclosure of personal identifying information of law enforcement
officers and complainants. + }
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