Bill Text: OR SB781 | 2013 | Regular Session | Introduced

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Bill Title: Relating to standards for use of deadly force; declaring an emergency.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB781 Detail]

Download: Oregon-2013-SB781-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 1413

                         Senate Bill 781

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.

  Changes standard for use of deadly force from officer's
reasonable belief that certain circumstances exist in which other
person is undertaking particular conduct to belief by reasonable
person in officer's circumstances that other person is
undertaking particular conduct.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to standards for use of deadly force; creating new
  provisions; amending ORS 133.605, 161.219, 161.225, 161.239 and
  161.245; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 133.605 is amended to read:
  133.605. (1) The executing officer and other officers
accompanying and assisting the officer may use the degree of
force, short of deadly physical force, against persons, or to
effect an entry, or to open containers, as is reasonably
necessary for the execution of the search warrant with all
practicable safety.
  (2) The use of deadly physical force in   { - the execution
of - }  { +  executing + } a search warrant is justifiable only:
  (a) If   { - the officer reasonably believes - }  { +  a
reasonable person in the officer's circumstances would
believe + } that there is a substantial risk that things to be
seized will be used to cause death or serious physical injury if
their seizure is delayed and that the force used creates no
substantial risk of injury to persons other than those
obstructing the officer; or
  (b) If   { - the officer reasonably believes - }  { +  a
reasonable person in the officer's circumstances would
believe + } that   { - the use of - }  { +  using + } deadly
physical force is necessary to defend the officer or another
person from the use or threatened imminent use of deadly physical
force.
  SECTION 2. ORS 161.219 is amended to read:
  161.219. Notwithstanding the provisions of ORS 161.209, a
person is not justified in using deadly physical force upon
another person unless   { - the person reasonably believes - }

 { +  a reasonable person in the person's circumstances would
believe + } that the other person is:
  (1) Committing or attempting to commit a felony involving the
use or threatened imminent use of physical force against a
person; or
  (2) Committing or attempting to commit a burglary in a
dwelling; or
  (3) Using or about to use unlawful deadly physical force
against a person.
  SECTION 3. ORS 161.225 is amended to read:
  161.225. (1) A person in lawful possession or control of
premises is justified in using physical force upon another person
when and to the extent that the person reasonably believes it
necessary to prevent or terminate what the person reasonably
believes to be the commission or attempted commission of a
criminal trespass by the other person in or upon the premises.
  (2) A person may use deadly physical force under the
circumstances set forth in subsection (1) of this section only:
  (a) In defense of a person as provided in ORS 161.219; or
  (b) When   { - the person reasonably believes it necessary to
prevent - }  { +  a reasonable person in the person's
circumstances would believe that + } the commission of arson or a
felony by force and violence by the trespasser { +  would require
the deadly force + }.
  (3) As used in subsection (1) and subsection (2)(a) of this
section, 'premises' includes any building as defined in ORS
164.205 and any real property. As used in subsection (2)(b) of
this section, 'premises' includes any building.
  SECTION 4. ORS 161.239 is amended to read:
  161.239. (1) Notwithstanding the provisions of ORS 161.235, a
peace officer may use deadly physical force only when   { - the
peace officer reasonably believes - }  { +  a reasonable person
in the peace officer's circumstances would believe + } that:
  (a) The crime   { - committed by - }  the person { +
committed + } was a felony or an attempt to commit a felony
involving the use or threatened imminent use of physical force
against a person; or
  (b) The crime committed by the person was kidnapping, arson,
escape in the first degree, burglary in the first degree or any
attempt to commit such a crime; or
  (c) Regardless of the particular offense which is the subject
of the arrest or attempted escape, the use of deadly physical
force is necessary to defend the peace officer or another person
from the use or threatened imminent use of deadly physical force;
or
  (d) The crime committed by the person was a felony or an
attempt to commit a felony and under the totality of the
circumstances existing at the time and place, the use of such
force is necessary; or
  (e) The officer's life or personal safety is endangered in the
particular circumstances involved.
  (2) Nothing in subsection (1) of this section constitutes
justification for reckless or criminally negligent conduct by a
peace officer amounting to an offense against or with respect to
innocent persons whom the peace officer is not seeking to arrest
or retain in custody.
  SECTION 5. ORS 161.245 is amended to read:
  161.245. (1) For the purposes of ORS 161.235 and 161.239, a
reasonable { +  person's + } belief that a person has committed
an offense means a reasonable { +  person's + } belief in facts
or circumstances which if true would in law constitute an
offense. If the   { - believed - } facts or circumstances { +
that a reasonable person would believe + }
  { - would - }  { +  do + } not in law constitute an offense, an
erroneous though not unreasonable belief that the law is

otherwise does not render justifiable the use of force to make an
arrest or to prevent an escape from custody.
  (2) A peace officer who is making an arrest is justified in
using the physical force prescribed in ORS 161.235 and 161.239
unless the arrest is unlawful and   { - is known by - }  the
officer { +  knows the arrest is + }   { - to be - }  unlawful.
  SECTION 6.  { + The amendments to ORS 133.605, 161.219,
161.225, 161.239 and 161.245 by sections 1 to 5 of this 2013 Act
apply to conduct that occurs on or after the effective date of
this 2013 Act. + }
  SECTION 7.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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