Bill Text: OR SB764 | 2013 | Regular Session | Introduced
Bill Title: Relating to emergency responses.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB764 Detail]
Download: Oregon-2013-SB764-Introduced.html
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 3292
Senate Bill 764
Sponsored by COMMITTEE ON VETERANS AND EMERGENCY PREPAREDNESS
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 counties to establish policy for law enforcement
response to incident involving active shooter. Requires
submission of plan to Attorney General for approval.
Authorizes Attorney General to conduct all investigations
related to force used during incident involving active shooter.
Requires Attorney General to issue report declaring police
officer's actions as being consistent or inconsistent with
established policy.
Removes certain legal protections for police officers not
acting consistently with established policy.
A BILL FOR AN ACT
Relating to emergency responses; creating new provisions; and
amending ORS 30.285 and 30.287.
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) 'Active shooter' means a person who is discharging a
firearm or has recently discharged a firearm and is threatening
human life.
(2) 'Law enforcement agency' means the Department of State
Police, the Department of Justice, a district attorney or a
political subdivision of this state, or a municipal corporation
of this state, that maintains a law enforcement unit as defined
in ORS 181.610.
(3) 'Police officer' means a person who is a police officer or
a reserve officer as defined in ORS 181.610 and employed by a law
enforcement agency to enforce the criminal laws of this
state. + }
SECTION 2. { + (1) There is created in each county an active
shooter planning authority consisting of the following members:
(a) The district attorney and sheriff of the county.
(b) Two nonmanagement police officers selected by the district
attorney and sheriff. If there are unions representing police
officers within the county, the district attorney and sheriff
shall select the police officers from among candidates nominated
by any union representing police officers within the county.
(c) If at least one city within the county employs a police
chief, a police chief selected by the police chiefs within the
county.
(d) A representative of the public who is not employed by a law
enforcement agency selected by the district attorney and sheriff.
(e) A representative of the Oregon State Police selected by the
Superintendent of State Police.
(2) The district attorney and sheriff are cochairs of the
planning authority.
(3) The law enforcement agency that employs a police officer
selected under subsection (1)(b) of this section shall release
the officer from other duties for at least 16 hours per year to
enable the officer to serve on the active shooter planning
authority. The law enforcement agency shall compensate the
officer at the officer's regular hourly wage while the officer is
engaged in planning authority activities.
(4) The active shooter planning authority shall develop a plan
consisting of the following:
(a) An element dealing with the appropriate use of force,
including deadly force, during an incident involving an active
shooter;
(b) An element dealing with education, outreach and training
regarding incidents involving an active shooter;
(c) An element dealing with the immediate aftermath of an
incident involving an active shooter; and
(d) An element dealing with the investigation of an incident in
which a police officer used physical force, including deadly
physical force, during an incident involving an active shooter.
(5) The active shooter planning authority shall conduct at
least one public hearing before submitting a plan, or a revision
of a plan, to the governing body of each law enforcement agency
within the county except for the Department of State Police and
the Department of Justice.
(6) A governing body shall approve or disapprove the plan
submitted to it under subsection (5) of this section within 60
days after receiving the plan. The governing body may not amend
the plan.
(7) If the plan is not approved by at least two-thirds of the
governing bodies within the county to which the plan is
submitted, the active shooter planning authority shall develop
and submit a revised plan.
(8)(a) If the plan is approved by at least two-thirds of the
governing bodies within the county to which the plan is
submitted, the active shooter planning authority shall submit the
approved plan to the Attorney General. No later than 30 days
after receiving the plan, the Attorney General shall review the
plan for compliance with the minimum requirements described in
section 3 of this 2013 Act. If the Attorney General determines
that the plan complies with the minimum requirements, the
Attorney General shall approve the plan.
(b) Upon approval of the plan under paragraph (a) of this
subsection, each law enforcement agency within the county to
which the plan applies is subject to the provisions of the plan.
(c) Notwithstanding paragraph (b) of this subsection, a law
enforcement agency is not subject to a provision of an approved
plan that conflicts with a provision of a city or county charter
or a general ordinance that applies to the law enforcement
agency.
(9) The Attorney General shall periodically publish all
approved plans.
(10) A law enforcement agency within a county has a duty to
participate in good faith in the planning process of the active
shooter planning authority for the county. + }
SECTION 3. { + In the plan required by section 2 (4) of this
2013 Act, an active shooter planning authority shall, at a
minimum:
(1) Set a protocol for what actions are permitted, required and
prohibited for police officers responding to an incident
involving an active shooter; and
(2) Specify in what situations a police officer responding to
an incident involving an active shooter may use deadly force. + }
SECTION 4. { + (1) The Attorney General shall direct an
investigation of the use of force during any incident involving
an active shooter.
(2) The Attorney General may appoint to participate in an
investigation under this section an investigator who is employed
by a law enforcement unit other than the law enforcement unit
that employs the police officer whose use of force is being
investigated.
(3) After conducting the investigation, the Attorney General
shall decide whether the police officer was using force
consistent with and as authorized by the plan adopted pursuant to
section 2 of this 2013 Act by the county in which the police
officer is employed. The Attorney General shall prepare a written
report of the findings and decision. + }
SECTION 5. ORS 30.285 is amended to read:
30.285. (1) The governing body of any public body shall defend,
save harmless and indemnify any of its officers, employees and
agents, whether elective or appointive, against any tort claim or
demand, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of duty.
(2) The provisions of subsection (1) of this section do not
apply { + :
(a) + } In case of malfeasance in office or willful or wanton
neglect of duty { - . - } { + ; or
(b) In cases in which the Attorney General, pursuant to an
investigation under section 4 of this 2013 Act, finds that a use
of force was not consistent with a plan adopted pursuant to
section 2 of this 2013 Act. + }
(3) If any civil action, suit or proceeding is brought against
any state officer, employee or agent which on its face falls
within the provisions of subsection (1) of this section, or which
the state officer, employee or agent asserts to be based in fact
upon an alleged act or omission in the performance of duty, the
state officer, employee or agent may, after consulting with the
Oregon Department of Administrative Services file a written
request for counsel with the Attorney General. The Attorney
General shall thereupon appear and defend the officer, employee
or agent unless after investigation the Attorney General finds
that the claim or demand does not arise out of an alleged act or
omission occurring in the performance of duty, { - or - } that
the act or omission complained of amounted to malfeasance in
office or willful or wanton neglect of duty, { + or that a use
of force was not consistent with a plan adopted pursuant to
section 2 of this 2013 Act, + } in which case the Attorney
General shall reject defense of the claim.
(4) Any officer, employee or agent of the state against whom a
claim within the scope of this section is made shall cooperate
fully with the Attorney General and the department in the defense
of such claim. If the Attorney General after consulting with the
department determines that such officer, employee or agent has
not so cooperated or has otherwise acted to prejudice defense of
the claim, the Attorney General may at any time reject the
defense of the claim.
(5) If the Attorney General rejects defense of a claim under
{ - subsection (3) - } { + subsections (3) or (4) + } of this
section { - or this subsection - } , no public funds shall be
paid in settlement of said claim or in payment of any judgment
against such officer, employee or agent. Such action by the
Attorney General shall not prejudice the right of the officer,
employee or agent to assert and establish an appropriate
proceedings that the claim or demand in fact arose out of an
alleged act or omission occurring in the performance of duty, or
that the act or omission complained of did not amount to
malfeasance in office or willful or wanton neglect of duty, in
which case the officer, employee or agent shall be indemnified
against liability and reasonable costs of defending the claim,
cost of such indemnification to be a charge against the Insurance
Fund established by ORS 278.425.
(6) Nothing in subsection (3), (4) or (5) of this section shall
be deemed to increase the limits of liability of any public
officer, agent or employee under ORS 30.260 to 30.300, or obviate
the necessity of compliance with ORS 30.275 by any claimant, nor
to affect the liability of the state itself or of any other
public officer, agent or employee on any claim arising out of the
same accident or occurrence.
(7) As used in this section, 'state officer, employee or agent'
includes district attorneys and deputy district attorneys,
special prosecutors and law clerks of the office of district
attorney who act in a prosecutorial capacity, but does not
include any other employee of the office of district attorney or
any employee of the justice or circuit courts whose salary is
paid wholly or in part by the county.
SECTION 6. ORS 30.287 is amended to read:
30.287. (1) If any civil action, suit or proceeding is brought
against any officer, employee or agent of a local public body
which on its face falls within the provisions of ORS 30.285 (1),
or which the officer, employee or agent asserts to be based in
fact upon an alleged act or omission in the performance of duty,
the officer, employee or agent may file a written request for
counsel with the governing body of the public body. The governing
body shall thereupon engage counsel to appear and defend the
officer, employee or agent unless after investigation it is
determined that the claim or demand does not arise out of an
alleged act or omission occurring in the performance of duty, or
that the act or omission complained of amounted to malfeasance in
office or willful or wanton neglect of duty, { + or that a use
of force was not consistent with a plan adopted pursuant to
section 2 of this 2013 Act, + } in which case the governing body
shall reject defense of the claim.
(2) Any officer, employee or agent of a local public body
against whom a claim within the scope of this section is made
shall cooperate fully with the governing body and counsel in the
defense of such claim. If the counsel determines and certifies to
the governing body that such officer, employee or agent has not
so cooperated or has otherwise acted in prejudice of the defense
of the claim, the governing body may at any time reject the
defense of the claim.
(3) If the governing body rejects defense of a claim under
subsection (1) of this section, no public funds shall be paid in
settlement of the claim or in payment of any judgment against
such officer, employee or agent. Such action by the governing
body shall not prejudice the right of the officer, employee or
agent to assert and establish in an appropriate proceedings that
the claim or demand in fact arose out of an alleged act or
omission occurring in the performance of duty, or that the act or
omission complained of did not amount to malfeasance in office or
willful or wanton neglect of duty, in which case the officer,
employee or agent shall be indemnified by the public body against
liability and reasonable costs of defending the claim.
(4) Nothing in subsection (1), (2) or (3) of this section shall
be deemed to increase the limits of liability of any public
officer, agent or employee under ORS 30.260 to 30.300, or relieve
any claimant of the necessity of compliance with ORS 30.275, nor
to affect the liability of the local public body itself or of any
other public officer, agent or employee on any claim arising out
of the same accident or occurrence.
(5) The provisions of this section may be superseded to the
extent that the claim against the public officer, employee or
agent may be defended by any insurer, or may be subject under ORS
30.282 to agreement with the Oregon Department of Administrative
Services, in which case the provisions of the policy of insurance
or other agreement are applicable.
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