Bill Text: OR SB779 | 2013 | Regular Session | Introduced

Oregon Senate Bill 779 (Prior Session Legislation)

Bill Title: Relating to investigation of use of deadly physical force by peace officer.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB779 Detail]

Download: Oregon-2013-SB779-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 3295

                         Senate Bill 779

Sponsored by Senator DINGFELDER, Representative FREDERICK;
  Senator SHIELDS, Representatives GALLEGOS, GREENLICK,
  KENY-GUYER

                             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 Attorney General to appoint attorney to lead
investigation when peace officer uses deadly physical force.

                        A BILL FOR AN ACT
Relating to investigation of use of deadly physical force by
  peace officer; amending ORS 181.786 and 181.789.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 181.789 is amended to read:
  181.789. (1) As used in this section, 'involved officer '
means:
  (a) A police officer whose official conduct, or official order
to use deadly physical force, was a cause in fact of the death of
a person. As used in this paragraph, 'order to use deadly
physical force' means an order issued to another officer to use
deadly physical force in a specific incident or an order or
directive establishing rules of engagement for the use of deadly
physical force for a specific incident.
  (b) A police officer whose official conduct was not a cause in
fact of the death of a person but whose official involvement in
an incident in which the use of deadly physical force by a police
officer resulted in the death of a person:
  (A) Began before or during the use of the deadly physical
force; and
  (B) Was reasonably likely to have exposed the police officer to
greater stresses or trauma than other police officers experienced
as a result of their involvement in the incident before or during
the use of the deadly physical force.
  (2) A law enforcement agency shall adopt a policy dealing with
the use of deadly physical force by its police officers. At a
minimum, the policy must include guidelines for the use of deadly
physical force.
  (3)(a) For each involved officer employed by a law enforcement
agency, the law enforcement agency shall pay the costs of at
least two sessions with a mental health professional that are
attended by the officer. The sessions must be held within six
months after the incident in which the officer was involved.
  (b) An involved officer shall attend at least one of the
sessions described in paragraph (a) of this subsection.

  (c) Sessions with a mental health professional under this
subsection may not be substituted for a fitness for duty
examination required or requested as a condition of employment by
the law enforcement agency that employs the involved officer.
  (4) For at least 72 hours immediately following an incident in
which the use of deadly physical force by a police officer
resulted in the death of a person, a law enforcement agency may
not return an involved officer to duties that might place the
officer in a situation in which the officer has to use deadly
physical force. A law enforcement agency may not reduce an
involved officer's pay or benefits as a result of the law
enforcement agency's compliance with this subsection.
Notwithstanding ORS 181.796 (1), a personnel cost incurred in
complying with this subsection by a law enforcement agency
employing 40 or fewer police officers is an expense for purposes
of ORS 181.796.
  (5)(a)   { - A law enforcement agency employing an involved
officer shall include at least one police officer from a
different law enforcement agency in the investigation of the
incident in which the involved officer was involved. - }   { + In
the investigation of an incident in which an involved officer was
involved:
  (A) The law enforcement agency employing the involved officer
shall include at least one police officer from a different law
enforcement agency; and
  (B) The Attorney General shall appoint to lead the
investigation an attorney not employed by the office of the
district attorney in the county in which the incident occurred or
by any other office in the county in which the incident
occurred. + }
  (b) The failure of a law enforcement agency to comply with
paragraph (a) of this subsection is not grounds for suppressing
evidence obtained in the investigation.
  (6)(a) A law enforcement agency shall collect at least the
following information relating to incidents in which a police
officer's use of deadly physical force resulted in the death of a
person:
  (A) The name, gender, race, ethnicity and age of the decedent.
  (B) The date, time and location of the incident.
  (C) A brief description of the circumstances surrounding the
incident.
  (b) A law enforcement agency shall promptly submit the
information collected under paragraph (a) of this subsection to
the Department of Justice.
  (7) The department shall compile and periodically publish
information submitted under subsection (6) of this section. The
department, by rule, may specify a form to be used by law
enforcement agencies in submitting information under subsection
(6) of this section.
  SECTION 2. ORS 181.786 is amended to read:
  181.786. In the plan required by ORS 181.783 (4), a deadly
physical force planning authority shall, at a minimum:
  (1)(a) Address, under ORS 181.783 (4)(a), the manner in which
each law enforcement agency within the county will comply with
ORS 181.789 (2); and
  (b) Attach a copy of each policy adopted under ORS 181.789 (2)
to the plan.
  (2) Address, under ORS 181.783 (4)(b), the manner in which each
law enforcement agency within the county will comply with ORS
181.789 (3)(a) and (4).
  (3) Address, under ORS 181.783 (4)(c), the manner in which each
law enforcement agency within the county will comply with ORS
181.789 (5)(a) { + (A) + }.
  (4) Address, under ORS 181.783 (4)(d), the manner in which the
district attorney of the county will exercise discretion to
resolve issues of potential criminal responsibility.
  (5) Address, under ORS 181.783 (4)(e), the manner in which each
law enforcement agency within the county will comply with ORS
181.789 (6).
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