209 sections in this chapter.
ORS 181A.483 Prohibition on training to use physical force that impedes breathing or circulation; rules. The Board on Public Safety Standards and Training shall adopt rules prohibiting the training of police officers and reserve officers to use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person, except as a defensive maneuver. [2020 s.s.1 c.3 §5]
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[Repealed or reserved.]
ORS 181A.485 Psychological screening of law enforcement officers; rules. (1) As used in this section
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(a) “Law enforcement agency” means a public body, as defined in ORS 174.109, that employs law enforcement officers to enforce criminal laws. (b) “Law enforcement officer” means a police officer, reserve officer or certified reserve officer, as those terms are defined in ORS 181A.…
ORS 181A.487 Mental health wellness policies for law enforcement agencies. (1) As used in this section, “law enforcement agency” means
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(a) A city or municipal police department. (b) A county sheriff’s office. (c) The Oregon State Police. (d) A police department established by a university under ORS 352.121 or 353.125. (2) A law enforcement agency shall establish a mental health wellness policy for addressing iss…
ORS 181A.490 Certification of police officers and certified reserve officers. (1) Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training pursuant to subsection (2) of this section, a person may not be employed as a police officer, or utilized as a certified reserve officer, by a law enforcement unit for more than 18 months unless the person
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(a)(A) Is a citizen of the United States; or (B) Is a nonimmigrant legally admitted to the United States under a Compact of Free Association; and (b) Has been certified as being qualified as a police officer or certified reserve officer under the provisions of ORS 181A.355 to 181…
ORS 181A.500 Lapse of certification; reapplication for certification; rules; fees. (1)(a) The certification of any police officer who does not serve as a police officer, or any certified reserve officer who is not utilized as a certified reserve officer, for any period of time in excess of three consecutive months is lapsed. Upon reemployment as a police officer, or recommencing service as a reserve officer, the person whose certification has lapsed may apply for certification in the manner provided in ORS 181A.355 to 181A.689
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(b) Notwithstanding paragraph (a) of this subsection, the certification of a police officer or certified reserve officer does not lapse if the officer: (A) Is on leave from a law enforcement unit; or (B) Is an honorably retired police officer who meets the requirements establishe…
ORS 181A.510 Certification for certain purposes of individuals employed by tribal government to perform duties of public safety officer. (1) Notwithstanding any other provision of law, an individual who is employed full time by a tribal government to perform the duties of a public safety officer and who possesses the requisite qualifications may be certified or recertified as a police officer, certified reserve officer, corrections officer, parole and probation officer, fire service professional, telecommunicator or emergency medical dispatcher if the individual and the tribal government comply with the applicable provisions of ORS 181A.355 to 181A.689
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(2) An individual who is certified under subsection (1) of this section is considered to be employed as a full-time public safety officer in the discipline in which the certification is held for the following purposes: (a) Denying, suspending or revoking certification under ORS 1…
ORS 181A.520 Certification of corrections officers. (1) Except for a person who has requested and obtained an extension pursuant to subsection (2) of this section, a person may not be employed as a corrections officer by a law enforcement unit for more than one year unless the person is a citizen of the United States or a nonimmigrant legally admitted to the United States under a Compact of Free Association, and
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(a) The person has been certified as being qualified as a corrections officer under the provisions of ORS 181A.355 to 181A.689 and the certification has not lapsed or been revoked pursuant to ORS 181A.630, 181A.640 and 181A.650 (1) and not been reissued under ORS 181A.650 (2); or…
ORS 181A.522 Training of corrections officers by Department of Corrections; standards; audits. Notwithstanding any contrary provision of ORS 181A.355 to 181A.689
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(1) The Department of Corrections shall provide training for basic certification of corrections officers employed by the Department of Corrections. (2) The Department of Corrections shall develop proposed training standards for the basic certification of corrections officers empl…
ORS 181A.530 Certification of parole and probation officers. (1) Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training pursuant to subsection (2) of this section, a person may not be employed as a parole and probation officer for more than 18 months unless the person is a citizen of the United States or a nonimmigrant legally admitted to the United States under a Compact of Free Association, and
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(a) The person has been certified as being qualified as a parole and probation officer under provisions of ORS 181A.355 to 181A.689 and the certification has not lapsed or been revoked pursuant to ORS 181A.630, 181A.640 and 181A.650 (1) and not reissued under ORS 181A.650 (2); or…
ORS 181A.540 Certification of judicial marshals. (1) Upon request of the Marshal’s Office of the Judicial Department, the Department of Public Safety Standards and Training shall certify individual judicial marshals appointed under ORS 1.177 as being qualified in the same manner as police officers pursuant to ORS 181A.410
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(2) The provisions of ORS 181A.355 to 181A.689 relating to the training and certification of police officers apply to individual judicial marshals trained pursuant to subsection (1) of this section. (3) Notwithstanding any other provision of law, the Marshal’s Office of the Judic…
ORS 181A.550 Certification of regulatory specialists. (1) Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training under subsection (2) of this section, subject to subsection (3) of this section the Oregon Liquor and Cannabis Commission may not employ a person as a regulatory specialist for more than 18 months unless the person is a citizen of the United States who has been certified under ORS 181A.410 as being qualified as a regulatory specialist and the certification has not
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(a) Lapsed; or (b) Been revoked under ORS 181A.630, 181A.640 and 181A.650 (1) and not reissued under ORS 181A.630 (2). (2) The department, upon the facts contained in an affidavit accompanying the request for extension, may find good cause for failure to obtain certification with…
ORS 181A.560 Certification of telecommunicators and emergency medical dispatchers. (1) Except for a person who has requested and obtained an extension from the Department of Public Safety Standards and Training pursuant to subsection (2) of this section, no person may be employed as a telecommunicator or emergency medical dispatcher by any public or private public safety agency for more than 18 months unless the person has been certified as being qualified as a telecommunicator or emergency medical dispatcher under the provisions of ORS 181A.355 to 181A.689 and the certification has neither lapsed nor been revoked pursuant to ORS 181A.630, 181A.640 and 181A.650 (1) and not been reissued under ORS 181A.689
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(2) The department, upon the facts contained in an affidavit accompanying the request for an extension, may find good cause for failure to obtain certification within the time period described in subsection (1) of this section. If the department finds that there is good cause for…
ORS 181A.570 Certification of full-time department employees. (1) Notwithstanding any other provision of law, any full-time employee of the Department of Public Safety Standards and Training who possesses the requisite qualifications may be certified or recertified as a police officer, certified reserve officer, corrections officer, parole and probation officer, fire service professional, telecommunicator or emergency medical dispatcher
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(2) A department employee who is certified as a police, certified reserve, corrections or parole and probation officer may exercise the authority granted by law to such officers. This includes, but is not limited to, the authority to possess material that is otherwise contraband …
ORS 181A.580 Certification of certain Law Enforcement Data System employees. (1) A certified police officer or certified reserve officer who leaves police service to become a full-time employee of the Law Enforcement Data System under ORS 181A.280 may retain certification, subject to satisfactory completion of any continuing training required by the Department of Public Safety Standards and Training to maintain certification
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(2) A full-time employee of the Law Enforcement Data System whose certification has lapsed, or who previously has had equivalent certification with another state or the federal government may, within 30 months following the lapse of certification or end of prior equivalent certif…
ORS 181A.590 Certification of instructors; accreditation of training programs. (1) Upon application and payment of the appropriate fees, the Department of Public Safety Standards and Training or its authorized representative shall examine and evaluate any instructor or any public safety personnel training or educational program
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(2) If the department finds that an instructor is qualified under the minimum requirements established pursuant to ORS 181A.410 (1)(a) and (b), the department in writing may certify the instructor as being qualified for such a term and upon such conditions as the department may p…
ORS 181A.600 Limitation on accreditation of training programs. (1) Notwithstanding ORS 181A.410 (1)(g) and 181A.590 (3), the Department of Public Safety Standards and Training may not accredit any public safety personnel training program provided by a public safety agency or any educational program as equivalent to the minimum training required for basic certification as a police officer under ORS 181A.490
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(2) Subsection (1) of this section does not apply to Department of State Police training programs or the Oregon Police Corps training program. (3) As used in this section, “Oregon Police Corps training program” means the residential, basic law enforcement training program that is…
ORS 181A.610 Reimbursement for training to local law enforcement units; rules. (1) The Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, shall provide a reimbursement program to local law enforcement units which send police officers or corrections officers to the training academy operated or authorized by the department. Such reimbursement shall be to defray the cost of salaries and other expenses incurred during the training of the officers
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(2) Such reimbursement program shall be supported entirely out of funds maintained in the Police Standards and Training Account after administrative and operational expenses of the board and department can be met from existing revenues. (3) Reimbursement programs shall not apply …
ORS 181A.620 Reimbursement of qualifying expenses. (1) As used in this section
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(a) “Basic training” means the training course and field training approved by the Board on Public Safety Standards and Training and required by the Department of Public Safety Standards and Training for certification as a corrections officer or police officer. (b) “Corrections of…
ORS 181A.630 Procedure for denial, suspension or revocation of application or certification. (1) When the Department of Public Safety Standards and Training, the Board on Public Safety Standards and Training or a policy committee of the board established under ORS 181A.375 believes there is a reasonable basis for denying, suspending or revoking, as applicable, the application or certification of an instructor or a public safety officer, except a youth correction officer, notice and opportunity for a hearing shall be provided in accordance with rules approved by the board and in accordance with ORS 183.415 and 183.417 prior to denial, suspension or revocation
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(2)(a) Pursuant to rules adopted under ORS 181A.410 and 181A.640, the policy committee in the relevant discipline and the board shall review denials, suspensions and revocations based on discretionary grounds. (b) If a policy committee votes to recommend denial or revocation of t…
ORS 181A.640 Grounds for denial, suspension or revocation of application or certification of person or accreditation of program; rules. (1) The Department of Public Safety Standards and Training may deny the application for training, or deny, suspend or revoke the certification, of any public safety officer or instructor, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181A.630, based upon a finding that
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(a) The public safety officer or instructor falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department. (b) The public safety officer or instructor has been convicte…
ORS 181A.650 Judicial review of department’s final order; reapplication for certification; rules. (1) An instructor or a public safety officer, except a youth correction officer, aggrieved by the findings and order of the Department of Public Safety Standards and Training may, as provided in ORS 183.480, file an appeal with the Court of Appeals from the final order of the department
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(2) The department shall recommend and the Board on Public Safety Standards and Training shall establish by rule a policy and procedures governing the circumstances under which a public safety officer or instructor who has had certification denied or revoked pursuant to ORS 181A.…
ORS 181A.655 Civil penalties relating to certification; rules; immunity from civil liability. (1) The Department of Public Safety Standards and Training may impose a civil penalty on a public safety agency for violation of ORS 181A.490, 181A.520, 181A.530 or 181A.560
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(2) The department shall recommend and the Board on Public Safety Standards and Training by rule shall adopt a schedule establishing civil penalties that may be imposed under subsection (1) of this section. Civil penalties imposed under subsection (1) of this section may not exce…
ORS 181A.657 (1) The Department of Public Safety Standards and Training shall by rule designate one or more accrediting bodies for law enforcement agencies in this state with 35 or more sworn police officers
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(2) Each law enforcement agency in this state with 35 or more sworn police officers must be accredited by an accrediting body designated by the department under subsection (1) of this section. (Oregon Center for Policing Excellence)
ORS 181A.660 Oregon Center for Policing Excellence; purpose; rules. (1) The Oregon Center for Policing Excellence is established within the Department of Public Safety Standards and Training
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(2) The primary purposes of the center are: (a) To make policing in this state more effective and efficient by: (A) Developing and promulgating updated skills in policing among officers, managers and administrators; and (B) Making use of the body of knowledge of effective and eff…
ORS 181A.661 Police Memorial Trust Fund; rules. (1) The Police Memorial Trust Fund is created separate from the General Fund. The fund shall consist of moneys appropriated therefor and gifts and grants thereto and the interest thereon. The fund is continuously appropriated for the purposes of section 1 (2), chapter 508, Oregon Laws 1987
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(2) The fund shall be administered by the State Treasurer. (3) The Board on Public Safety Standards and Training, in consultation with the Department of Public Safety Standards and Training, may adopt rules that designate the classifications of public safety personnel killed in t…
ORS 181A.663 National Use-of-Force Data Collection. A law enforcement unit, as defined in ORS 181A.355, shall participate in the National Use-of-Force Data Collection operated by the Federal Bureau of Investigation. [2021 c.625 §1]
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Note: 181A.663 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Police Standards and Training Account)
ORS 181A.665 Police Standards and Training Account. (1) There is established in the General Fund of the State Treasury the Police Standards and Training Account. All contributions or other moneys received by the Board on Public Safety Standards and Training or Department of Public Safety Standards and Training shall be paid into the State Treasury and credited to the Police Standards and Training Account. All moneys in the Police Standards and Training Account are appropriated continuously to the department and, except as provided in subsection (2) of this section, shall be used by the department to carry out the functions of the department under the policies and standards for training and certification approved by the board
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(2) Moneys in the Police Standards and Training Account may be transferred to the Department of State Police and the Department of Corrections to defray the training costs of police officers and parole and probation officers and to defray the cost of the Law Enforcement Data Syst…
ORS 181A.666 Findings. The Legislative Assembly finds that
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(1) It is in the public interest to have trust and transparency in the hiring of law enforcement officers. (2) It is in the public interest to ensure that information relating to allegations of misconduct are not shielded in the employment process, while ensuring due process and …
ORS 181A.667 Review, provision and retention of personnel records; immunity from liability. (1) As used in this section
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(a) “Law enforcement agency” has the meaning given that term in ORS 181A.775. (b) “Personnel records” means the entire personnel file of a police officer or reserve officer, including but not limited to records of complaints and disciplinary action against the officer. (2) Before…
ORS 181A.668 Request for employment information; injunction to compel disclosure; confidentiality. (1) As used in this section
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(a) “Employment information” means written information in connection with job applications, performance evaluations, attendance records, disciplinary actions, eligibility for rehire and other information relevant to the performance of a public safety officer. (b) “Law enforcement…
ORS 181A.670 Disclosure of information about public safety officer; order to compel compliance. (1) The Board on Public Safety Standards and Training and the Department of Public Safety Standards and Training may not disclose a photograph of a public safety officer without the written consent of the public safety officer or the public safety officer’s employer. This subsection does not apply to the internal use by the board or department of a photograph of a public safety officer
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(2) A public or private safety agency or other employer of a public safety officer shall provide the department with access to personnel records of an employee or former employee of the agency or employer if: (a) The department requests access to the records; (b) The department i…
ORS 181A.672 Disclosure of information about certain employees of law enforcement agencies. (1) As used in this section
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(a) “Designated agency” has the meaning given that term in ORS 181A.010. (b) “Information” includes, but is not limited to, an address, telephone number, date of birth and photograph. (c) “Law enforcement agency” has the meaning given that term in ORS 181A.010. (2) Unless a law o…
ORS 181A.674 Disclosure of information about certain public safety employees. (1) As used in this section
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(a) “Public body” has the meaning given that term in ORS 192.311. (b) “Public safety employee” means a certified reserve officer, corrections officer, parole and probation officer, police officer or youth correction officer as those terms are defined in ORS 181A.355. (2) A public…
ORS 181A.675 [Formerly 181.714; renumbered 181A.661 in 2021]
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[Repealed or reserved.]
ORS 181A.676 Uniform background checklist; standardized personal history questionnaire. The Department of Public Safety Standards and Training shall create a uniform background checklist and a standardized personal history questionnaire for use by law enforcement units in hiring applicants to be public safety officers. The checklist must include a description of the law enforcement unit’s investigation of the applicant, including but not limited to
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(1) Information about a psychiatric or psychological evaluation of the applicant, including the evaluator’s name and license number and an assessment of the applicant’s tendencies, feelings and opinions toward diverse cultures, races and ethnicities and differing social, politica…
ORS 181A.680 [2011 c.644 §1; 2011 c.644 §7; renumbered 181A.940 in 2021]
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(Misconduct, Discipline and Standards)
ORS 181A.681 Report of misconduct or violation of minimum standards; investigation; failure to intervene or report grounds for discipline; reporting requirement. (1) As used in this section, “misconduct” means
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(a) Unjustified or excessive force that is objectively unreasonable under the circumstances or in violation of the use of force policy for the law enforcement unit employing the offending officer; (b) Sexual harassment or sexual misconduct; (c) Discrimination against a person bas…
ORS 181A.683 Form for reports; forwarding of reports to law enforcement unit. (1) The Department of Public Safety Standards and Training shall establish and maintain a form for reports under ORS 181A.681 of misconduct or violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under ORS 181A.410. The form must be available on the department’s website
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(2) When the department receives a report of misconduct or violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under ORS 181A.410 directly from a police officer or reserve officer under ORS 181A.681 (3…
ORS 181A.684 Database of discipline and suspensions and revocations of certification of police officers; reporting requirement. (1) The Department of Public Safety Standards and Training shall establish a statewide online database of suspensions and revocations of the certifications of police officers and discipline of police officers involving economic sanctions that is accessible by the public
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(2) The department shall publish information on the database when the department suspends or revokes the certification of a police officer under ORS 181A.630, 181A.640 and 181A.650, and when the department receives notice of discipline of a police officer under ORS 181A.686, incl…
ORS 181A.685 [2011 c.644 §2; 2021 c.408 §1; renumbered 181A.942 in 2021]
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[Repealed or reserved.]
ORS 181A.686 Report on discipline to Department of Public Safety Standards and Training. Within 10 days after an economic sanction as part of discipline imposed on a police officer has become final and the arbitration process is complete, the law enforcement unit that imposed the discipline shall report on the discipline to the Department of Public Safety Standards and Training. The report must include
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(1) The name and rank of the officer disciplined; (2) The name of the law enforcement unit at which the officer is or was employed; and (3) A description of the facts underlying the discipline imposed, including a copy of any final decision. [2021 c.634 §2]
ORS 181A.688 Findings regarding racism. The Legislative Assembly finds that
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(1) Racism has no place in public safety. (2) Law enforcement officers hold a unique position in our community and must demonstrate principles of equity, transparency, honesty and trust with all members of society. (3) Membership or participation in hate groups, racial supremacis…
ORS 181A.689 Standards for speech and expression. A law enforcement unit that employs police officers or reserve officers shall adopt policies that set standards for speech and expression by officers in and outside the course and scope of employment. The policies must apply to all forms of speech and expression, including but not limited to film, video, print media, public and private speech and use of Internet services including but not limited to electronic mail, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums and video and other file-sharing sites. The policies may not violate the constitutional rights to free speech and expression. [2021 c.299 §4]
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[Repealed or reserved.]
ORS 181A.690 [2011 c.644 §3; 2011 c.644 §6; renumbered 181A.944 in 2021]
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[Repealed or reserved.]
ORS 181A.692 [2011 c.644 §4; renumbered 181A.946 in 2021]
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(Identification of Officers)
ORS 181A.700 Definitions for ORS 181A.702 and 181A.704. As used in ORS 181A.702 and 181A.704
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(1) “Crowd management” means a public security practice in which large crowds of 50 persons or more are managed to prevent the outbreak of crowd crushes, affrays, fights or riots. (2) “Law enforcement agency” means the Oregon State Police, a county sheriff’s office, a municipal p…
ORS 181A.702 Identifying information on uniform. (1) A law enforcement officer who is on duty and assigned to work crowd management in a city with a population of over 60,000 shall have
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(a) The officer’s first initial and last name, or a unique identifier assigned by the officer’s law enforcement agency, affixed to the front of the officer’s uniform; (b) The officer’s first initial and last name, or a unique identifier assigned by the officer’s law enforcement a…
ORS 181A.704 Provision of officer identity to member of public. (1)(a) If practical, safe and tactically feasible, upon request by a member of the public, a law enforcement officer shall provide the officer’s name and identification number, or, if applicable, a unique identifier assigned by the law enforcement agency, to the member of the public
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(b) A law enforcement officer may satisfy the requirement described in paragraph (a) of this subsection by providing to the member of the public a business card issued by the officer’s law enforcement agency. (2)(a) A law enforcement agency shall perform an investigation to ident…
ORS 181A.708 Use of tools in crowd management. (1) As used in this section
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(a) “Crowd management” means a public security practice in which crowds are managed to prevent the outbreak of crowd crushes, affrays, fights or riots, or in which an assembly, protest or demonstration is dispersed. (b)(A) “Handheld chemical incapacitant” means the following, tog…
ORS 181A.710 Use of other law enforcement agencies to engage in barred conduct. (1) As used in this section, “law enforcement agency” means the Department of State Police, the Department of Justice, a district attorney, a political subdivision of the State of Oregon, a municipal corporation of the State of Oregon and a university, that maintains a law enforcement unit as defined in ORS 181A.355 (12)(a)(A)
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(2) A law enforcement agency or a person acting on behalf of a law enforcement agency may not: (a) Use a proxy law enforcement agency to use crowd management measures that a court or statute has barred the law enforcement agency from using. (b) Act in concert with another law enf…