209 sections in this chapter.
ORS 181A.250 Specific information not to be collected or maintained. No law enforcement agency, as defined in ORS 181A.010, may collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct. [Formerly 181.575]
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Note: 181A.250 was made a part of 181A.160 to 181A.250 by legislative action but was not added to 181A.010 to 181A.350. See Preface to Oregon Revised Statutes for further explanation.
ORS 181A.255 Report of suspected criminal homicide; form and time of report; compilation; comparison. (1) As used in this section, “criminal homicide” has the meaning provided in ORS 163.005
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(2) Any criminal justice agency within the State of Oregon having primary responsibility for investigation of the case shall provide information relating to any suspected criminal homicide to the Superintendent of State Police within 25 days after its discovery. The criminal just…
ORS 181A.265 Criminal Justice Information Standards program; duties. (1) The Department of State Police or another criminal justice agency that the State Chief Information Officer designates shall operate a Criminal Justice Information Standards program that coordinates information among state criminal justice agencies. The program must
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(a) Ensure that in developing new information systems, data can be retrieved to support evaluating criminal justice planning and programs, including, but not limited to, evaluating the ability of the programs to reduce future criminal conduct; (b) Ensure that maximum effort is ma…
ORS 181A.270 Duties of state criminal justice agencies. (1) State criminal justice agencies, as part of their agency request budget and information resource management plans, shall address the goals of the Criminal Justice Information Standards program with particular attention to
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(a) Data access, availability and information sharing among criminal justice agencies; and (b) The plan developed under ORS 181A.265. (2) Information resource management plans must be based on industry standards for open systems to the greatest extent possible. (3) A state crimin…
ORS 181A.275 Criminal Justice Information Standards Advisory Board; members; expenses. (1) There is established a Criminal Justice Information Standards Advisory Board to advise the Department of State Police or the criminal justice agency that the State Chief Information Officer designates under ORS 181A.265 (1) about the department’s or the agency’s duties under ORS 181A.265. The board consists of the following members
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(a) The State Court Administrator or the administrator’s designee; (b) The Director of the Department of Corrections or the director’s designee; (c) The Superintendent of State Police or the superintendent’s designee; (d) The executive director of the Oregon Criminal Justice Comm…
ORS 181A.280 Law Enforcement Data System established; duties; rules. (1) There is established in the Department of State Police a Law Enforcement Data System
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(2) The Law Enforcement Data System shall: (a) Install and maintain a criminal justice telecommunication and information system for storage and retrieval of criminal justice information submitted by criminal justice agencies for the State of Oregon; (b) Function as the control po…
ORS 181A.285 Medical health database. (1)(a) The Department of State Police shall create and maintain a medical health database within the Law Enforcement Data System in order to provide law enforcement agencies with information to help the agencies assist persons with a qualifying illness or condition in obtaining medical, mental health and social services
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(b) The department shall provide each community mental health program director and each community developmental disabilities program director with the ability to input and remove data from the medical health database. (c) The medical health database may not be accessible to any p…
ORS 181A.287 Entry of certain convictions related to possession of firearms or ammunition into Law Enforcement Data System and databases of National Crime Information Center. Upon receipt of a record of conviction for an offense described in ORS 166.255 (1)(b), the Department of State Police shall immediately enter the conviction into the Law Enforcement Data System and shall cause the conviction to be entered into the databases of the National Crime Information Center of the United States Department of Justice. The entry must include any judicial findings or terms of the judgment, when available, that are necessary to designate the conviction as a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921 or as an offense described in ORS 166.255 (1)(b). [2018 c.5 §3]
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[Repealed or reserved.]
ORS 181A.290 Certain information required from agencies; rules. (1) The Department of Human Services, the Oregon Health Authority, the Psychiatric Security Review Board and the Judicial Department shall provide the Department of State Police with the minimum information necessary to identify persons who
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(a) Have been committed by a court to the Oregon Health Authority under ORS 426.130, based on a finding that the person is a danger to self or others; (b) Are subject to a court order under ORS 426.130 or 426.133 prohibiting the person from purchasing or possessing a firearm; (c)…
ORS 181A.300 Establishment and maintenance of missing persons clearinghouse. (1) The Oregon State Police shall establish and maintain a missing children and adults clearinghouse that receives from and distributes to local law enforcement agencies, school districts, state and federal agencies and the general public information regarding missing children and adults
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(2) The information shall include technical and logistical assistance, pictures, bulletins, training sessions, reports and biographical materials that assist local efforts to locate missing children and adults. (3) The Oregon State Police shall maintain a regularly updated comput…
ORS 181A.305 Duties of administrator of clearinghouse. The administrator of the missing children and adults clearinghouse established pursuant to ORS 181A.300 shall
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(1) Provide information and training to local law enforcement agencies and child welfare agencies and to other state agencies having child welfare duties. (2) Appoint an advisory committee consisting of persons with interest and training related to missing children and adults to …
ORS 181A.310 When notification of missing children clearinghouse required. A member of a law enforcement agency who has probable cause to believe that custodial interference in the first or second degree, or kidnapping in the first or second degree, with respect to a child has occurred shall notify the Oregon State Police missing children clearinghouse within 24 hours. [2015 c.134 §1]
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[Repealed or reserved.]
ORS 181A.315 Amber Plan; rules. (1) The Department of State Police shall work with Oregon law enforcement agencies, the Department of Transportation, local media and broadcasters and others to fully implement a state Amber Plan
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(2) The Department of State Police shall adopt rules establishing the criteria to be applied in determining whether to issue an alert under the Amber Plan. (3) A broadcaster participating in an Amber Plan implemented under this section is immune from civil liability for any act o…
ORS 181A.320 Written policies relating to missing vulnerable adults required. (1) For purposes of this section, a missing vulnerable adult includes, but is not limited to, a missing adult who has
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(a) An impaired mental condition, such as dementia; (b) An intellectual or developmental disability; or (c) A brain injury. (2) The Department of State Police and each sheriff’s office and municipal police department shall adopt written policies relating to missing vulnerable adu…
ORS 181A.322 Short title. ORS 181A.323 to 181A.328 shall be known and may be cited as “Melissa’s Law.” [2016 c.89 §1]
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Note: 181A.322 to 181A.328 were enacted into law by the Legislative Assembly but were 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.
ORS 181A.323 Definitions for ORS 181A.323 to 181A.328. As used in ORS 181A.323 to 181A.328
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(1) “Anonymous kit” means a sexual assault forensic evidence kit collected from a victim who has not participated with a law enforcement agency in the creation of a report of the sexual assault. (2) “Law enforcement agency” has the meaning given that term in ORS 133.741. (3) “Med…
ORS 181A.324 Sexual assault forensic evidence kit testing; reports; rules. (1) The Department of State Police shall adopt rules concerning the prioritization of testing untested sexual assault forensic evidence kits in the department’s possession. The rules must contain a requirement to test all nonanonymous kits and a prohibition on the testing of anonymous kits
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(2) The department shall test any untested sexual assault forensic evidence kits, other than anonymous kits, in the department’s possession in accordance with the rules adopted pursuant to subsection (1) of this section. (3)(a) The department shall designate an entity, position o…
ORS 181A.325 Policies and procedures regarding collection, submission for testing, retention and destruction of kits. (1) Each law enforcement agency within this state shall have policies and procedures concerning the collection, submission for testing, retention and destruction of sexual assault forensic evidence kits. The policies and procedures must be in writing, must be made available to the public as soon as possible upon request and must include
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(a) Procedures for investigating reports of sexual assault. (b) A time limit by which the law enforcement agency must obtain a sexual assault forensic evidence kit from a medical facility that is within seven days after the medical facility notifies the agency that the kit has be…
ORS 181A.326 Notification to law enforcement agency when kit collected. A medical facility collecting sexual assault forensic evidence kits shall, within seven days after the collection of a kit, notify the law enforcement agency with jurisdiction over a possible sexual assault criminal investigation that the kit has been collected. [2016 c.89 §5]
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Note: See note under 181A.322.
ORS 181A.328 Committee on tracking of sexual assault forensic evidence; statewide electronic sexual assault forensic evidence kit tracking system. (1) The Department of State Police shall establish a multidisciplinary committee on the tracking of sexual assault forensic evidence kits. The committee shall
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(a) Develop recommendations for establishing a statewide electronic sexual assault forensic evidence kit tracking system. (b) Identify and pursue state and federal funding to establish the tracking system, including grants. (c) Be composed of members that include law enforcement …
ORS 181A.330 [Formerly 181.428; repealed by 2019 c.456 §124]
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[Repealed or reserved.]
ORS 181A.335 [Formerly 181.430; 2017 c.701 §20; repealed by 2019 c.456 §124]
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MISCELLANEOUS
ORS 181A.338 Purchase and receipt of property from military equipment surplus program. (1) A law enforcement agency may not receive any of the following property from a military equipment surplus program operated by the federal government
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(a) Unmanned aircraft systems that are armored or weaponized; (b) Aircraft that are combat-configured or combat-coded; (c) Grenades or similar explosives, or grenade launchers; or (d) Firearms silencers. (2) A law enforcement agency purchasing property from a military surplus pro…
ORS 181A.340 Commissioning of humane special agents; rules. (1) At the request of a humane investigation agency, the Superintendent of State Police shall commission a designated employee of the humane investigation agency as a humane special agent, if
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(a) The employee is certified, or is eligible for certification, as a police officer under the provisions of ORS 181A.355 to 181A.689; (b) The superintendent determines that the employee is fit and qualified to perform the duties of a humane special agent; (c) The humane investig…
ORS 181A.345 Humane special agents to enforce animal welfare laws under direction of law enforcement agency; notice required of allegation of abuse of commission. (1) A humane special agent shall work cooperatively with law enforcement agencies in enforcing animal welfare laws and shall defer to the direction of a law enforcement agency having jurisdiction over the commission of a violation of animal welfare laws
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(2) If a law enforcement agency or a humane investigation agency learns of an allegation that a humane special agent has abused the agent’s commission, or otherwise has reasonable cause to believe that the commission of a humane special agent is subject to suspension or revocatio…
ORS 181A.348 Telecommunicators as first responders. The Legislative Assembly finds and declares that telecommunicators are first responders. [2021 c.278 §1]
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Note: 181A.348 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.
ORS 181A.350 Eligibility of towing business to be placed on department list; rules. The Superintendent of State Police may make rules governing the eligibility of towing businesses to be placed and remain on any list of such businesses used by the Department of State Police when it requests towing services on behalf of any person. [Formerly 181.440]
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PUBLIC SAFETY STANDARDS AND TRAINING (Definitions)
ORS 181A.355 Definitions for ORS 181A.355 to 181A.689. As used in ORS 181A.355 to 181A.689, unless the context requires otherwise
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(1) “Abuse” has the meaning given that term in ORS 107.705. (2) “Board” means the Board on Public Safety Standards and Training appointed pursuant to ORS 181A.360. (3) “Certified reserve officer” means a reserve officer who has been designated by a local law enforcement unit, has…
ORS 181A.360 Board on Public Safety Standards and Training; term limit; confirmation. (1) The Governor shall appoint a Board on Public Safety Standards and Training consisting of 26 members as follows
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(a) Two members who are chiefs of police recommended to the Governor by the Oregon Association Chiefs of Police; (b) One member who is a sheriff recommended to the Governor by the Oregon State Sheriffs’ Association; (c) One member who is a fire chief recommended to the Governor b…
ORS 181A.365 Organization of board; meetings; policy of state. (1) The Board on Public Safety Standards and Training shall select one of its members as chairperson and another as vice chairperson. The vice chairperson shall act as chairperson when the chairperson is absent or unable to act
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(2) The board may appoint from among its members such subcommittees as it deems necessary or useful. (3) The board shall prescribe such terms, powers and duties for the chairperson, vice chairperson and any subcommittees of the board as are convenient for the performance of the f…
ORS 181A.370 Executive committee. (1) An executive committee of the Board on Public Safety Standards and Training is created consisting of the chairperson of the board and the chairpersons of the policy committees created in ORS 181A.375
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(2) If necessary, the executive committee shall reconcile inconsistencies in policies among the policy committees. The executive committee shall recommend agenda items for meetings of the board and indicate if a board vote is requested on particular agenda items. The executive co…
ORS 181A.375 Policy committees; rules. (1) The Board on Public Safety Standards and Training shall establish the following policy committees
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(a) Corrections Policy Committee; (b) Fire Policy Committee; (c) Police Policy Committee; (d) Telecommunications Policy Committee; and (e) Private Security Policy Committee. (2) The members of each policy committee shall select a chairperson and vice chairperson for the policy co…
ORS 181A.380 Leave to perform duties of board or policy committee. At the request of an employee who is a public safety officer and who serves on the Board on Public Safety Standards and Training or on a policy committee established by the board, an employer shall grant leaves of absence to the employee for periods reasonably necessary for the employee to attend meetings and perform the duties of the board or committee. The employer shall grant the leaves with regular pay and benefits. [Formerly 181.632]
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(Director)
ORS 181A.385 Appointment of director of department. (1)(a) The Governor shall appoint the Director of the Department of Public Safety Standards and Training, who shall hold office at the pleasure of the Governor and not be subject to the State Personnel Relations Law
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(b) The person appointed as director may be selected from candidates recommended to the Governor by the Board on Public Safety Standards and Training. The candidates shall be well qualified by training and experience to perform the functions of the office. (c) An appointed direct…
ORS 181A.390 Training academy; title to real property. In carrying out its duties, the Department of Public Safety Standards and Training may take title to real property needed for a training academy. [Formerly 181.636]
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[Repealed or reserved.]
ORS 181A.395 Certain officers required to be at least 21 years of age. A law enforcement unit in this state may not employ as a police officer, corrections officer, parole and probation officer or regulatory specialist, or utilize as a certified reserve officer or reserve officer, any person who has not yet attained the age of 21 years. [Formerly 181.645]
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[Repealed or reserved.]
ORS 181A.400 Authority of Department of Public Safety Standards and Training to require fingerprints. (1) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Public Safety Standards and Training may require the fingerprints of a person who
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(a) Is employed or applying for employment by the department; (b) Provides services or seeks to provide services to the department as a contractor, vendor or volunteer; or (c) Is applying to be certified as a public safety officer, is applying to be reissued certification as a pu…
ORS 181A.405 Legislative intent and findings. (1) It is the intent of the Legislative Assembly in creating the Board on Public Safety Standards and Training to provide for the coordination of training programs for police officers, certified reserve officers, corrections officers and parole and probation officers and to set standards
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(2) The Legislative Assembly finds that: (a) Providing high quality training for public safety personnel enhances the quality of public safety services provided to communities, contributes significantly to the safety of public safety officers and reduces state, local and individu…
ORS 181A.410 Minimum standards and training for certification; duties in improving public safety units; grants; fees; rules. (1) In accordance with any applicable provision of ORS chapter 183, to promote enforcement of law and fire services by improving the competence of public safety personnel and their support staffs, and in consultation with the agencies for which the Board on Public Safety Standards and Training and Department of Public Safety Standards and Training provide standards, certification, accreditation and training
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(a) The department shall recommend, and the board shall establish by rule, reasonable minimum standards of physical, emotional, intellectual and moral fitness for public safety personnel and instructors. (b) The department shall recommend, and the board shall establish by rule, r…
ORS 181A.420 Minimum standards and training requirements inapplicable to certain persons; certification based on experience, education or training. (1) The minimum standards and minimum training requirements established pursuant to ORS 181A.410 (1) do not apply to
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(a) The Superintendent of State Police. (b) Any individual who is a constable of the justice court. (c) Any sheriff’s deputy appointed with authority only to receive and serve summons and civil process. (d) Any municipal parole officer. (e) Any dog control officer commissioned by…
ORS 181A.425 Department not required to provide training for certification of reserve officers. Nothing in ORS 181A.355, 181A.395, 181A.405 (1), 181A.410, 181A.420 (1) and (2), 181A.425, 181A.430, 181A.470, 181A.490, 181A.500, 181A.570, 181A.580, 181A.590, 181A.630, 181A.640 and 181A.650 requires
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(1) A law enforcement unit to certify individuals who are utilized by the law enforcement unit to perform the duties of a reserve officer; or (2) The Department of Public Safety Standards and Training to provide the training for, or to fund, certification of reserve officers. [Fo…
ORS 181A.430 Effect of minimum requirements under authority other than ORS 181A.410. Compliance with minimum standards or minimum training recommended pursuant to ORS 181A.410 for public safety personnel, except youth correction officers, does not exempt any individual from any minimum requirement for selection or promotion as a police officer or certified reserve officer under ORS 181A.055 or under any civil service law, charter or ordinance for a county or city. [Formerly 181.670]
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[Repealed or reserved.]
ORS 181A.440 Training in vehicle pursuit, mental illness and airway and circulatory systems; certification in cardiopulmonary resuscitation. (1) The Department of Public Safety Standards and Training shall include in the minimum training required for basic certification as a police officer under ORS 181A.490
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(a) The law, theory, policies and practices related to vehicle pursuit driving and, as facilities and funding permit, vehicle pursuit training exercises. (b) At least 24 hours of training in the recognition of mental illnesses utilizing a crisis intervention training model, at le…
ORS 181A.442 Equity training for police officers; rules. (1) The Department of Public Safety Standards and Training shall develop, and the Board on Public Safety Standards and Training shall establish by rule, a statewide equity training program for police officers
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(2) The department shall include the equity training described in subsection (1) of this section in the minimum training required to obtain and maintain basic certification as a police officer under ORS 181A.490. [2021 c.611 §10]
ORS 181A.444 Training on interacting with persons who have experienced trauma. The Department of Public Safety Standards and Training shall regularly review and, if necessary, update training on interacting with persons who have experienced trauma, consistent with the model training program developed by the Department of Justice under ORS 180.500, for all police officers who enter the training academy operated by the Department of Public Safety Standards and Training. [2021 c.532 §3; 2021 c.532 §6]
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[Repealed or reserved.]
ORS 181A.445 Best practices for interacting with persons who have experienced trauma; rules. (1) The Department of Public Safety Standards and Training, in consultation with the Department of Justice, shall develop best practices for law enforcement agencies when interacting with persons who have experienced trauma
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(2)(a) The best practices developed under this section must offer alternative options for law enforcement agencies of varying size and resource capacity. (b) The best practices developed under this section must, at a minimum: (A) Be research-based and take into account the psycho…
ORS 181A.450 Child abuse and domestic violence training; report. No later than January 1 of each year, the Department of Public Safety Standards and Training, in consultation with the Board on Public Safety Standards and Training, shall submit to the Legislative Assembly, as provided in ORS 192.245, a report on the implementation of child abuse and domestic violence training provided by the department. [Formerly 181.712]
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[Repealed or reserved.]
ORS 181A.460 Training in missing persons cases. Subject to the availability of funds, the Board on Public Safety Standards and Training shall ensure that all police officers and certified reserve officers are trained to investigate and report cases of missing children and adults. When federal training programs are made available to the state at no cost to the state, the board shall offer the training to police officers and certified reserve officers. [Formerly 181.643]
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[Repealed or reserved.]
ORS 181A.470 Training relating to Vienna Convention and crimes motivated by prejudice or that constitute abuse. The Board on Public Safety Standards and Training shall ensure that all police officers and certified reserve officers are trained to
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(1) Investigate, identify and report crimes: (a) Motivated by prejudice based on the perceived race, color, religion, national origin, sexual orientation, gender, gender identity, marital status, political affiliation or beliefs, membership or activity in or on behalf of a labor …
ORS 181A.480 Training in human trafficking. (1) The Board on Public Safety Standards and Training shall include training on recognizing, investigating and reporting cases involving labor trafficking and sex trafficking of children and adults in the minimum training required to obtain basic certification as a police officer under ORS 181A.490
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(2) The board may require that all police officers and certified reserve officers are trained to recognize, investigate and report cases involving labor trafficking and sex trafficking of children and adults at any advanced training program operated or authorized by the Departmen…