Chapter 668 Oregon Laws 2005

 

AN ACT

 

HB 3379

 

Relating to parole and probation officers; creating new provisions; amending ORS 133.140, 133.220, 162.247 and 162.315; and declaring an emergency.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 162.247 is amended to read:

          162.247. (1) A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181.610:

          (a) Intentionally acts in a manner that prevents, or attempts to prevent, a peace officer or parole and probation officer from performing the lawful duties of the [peace] officer with regards to another person; or

          (b) Refuses to obey a lawful order by the peace officer or parole and probation officer.

          (2) Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.

          (3) This section does not apply in situations in which the person is engaging in:

          (a) Activity that would constitute resisting arrest under ORS 162.315; or

          (b) Passive resistance.

 

          SECTION 2. ORS 162.315 is amended to read:

          162.315. (1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.

          (2) As used in this section:

          (a) “Arrest” has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.

          (b) “Parole and probation officer” has the meaning given that term in ORS 181.610.

          [(b)] (c) “Resists” means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.

          (3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the [peace] officer was acting under color of official authority.

          (4) Resisting arrest is a Class A misdemeanor.

 

          SECTION 3. ORS 133.140 is amended to read:

          133.140. A warrant of arrest shall:

          (1) Be in writing;

          (2) Specify the name of the person to be arrested, or if the name is unknown, shall designate the person by any name or description by which the person can be identified with reasonable certainty;

          (3) State the nature of the crime;

          (4) State the date when issued and the county or city where issued;

          (5) Be in the name of the State of Oregon or the city where issued, be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged;

          (6) Command any peace officer, or any parole and probation officer for a person who is being supervised by the Department of Corrections or a county community corrections agency, to arrest the person for whom the warrant was issued and to bring the person before the magistrate issuing the warrant, or if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county;

          (7) Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officer’s authority and purpose, if the issuing judge has approved a request for such special authorization; and

          (8) Specify the amount of security for release.

 

          SECTION 4. ORS 133.220 is amended to read:

          133.220. An arrest may be effected by:

          (1) A peace officer under a warrant;

          (2) A peace officer without a warrant;

          (3) A parole and probation officer under a warrant as provided in section 6 of this 2005 Act;

          (4) A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision;

          [(3)] (5) A private person; or

          [(4)] (6) A federal officer.

 

          SECTION 5. Section 6 of this 2005 Act is added to and made a part of ORS 133.005 to 133.381.

 

          SECTION 6. (1) As used in this section, “parole and probation officer” has the meaning given that term in ORS 181.610.

          (2) A parole and probation officer may arrest a person if the person is being supervised by the Department of Corrections or a county community corrections agency.

          (3)(a) A parole and probation officer making an arrest under this section shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.

          (b) The parole and probation officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.

 

          SECTION 7. (1) There is created the Task Force on Parole and Probation Officer Arrest Authority consisting of 14 members appointed jointly by the President of the Senate and the Speaker of the House of Representatives as follows:

          (a) One member from among members of the Senate and the House of Representatives.

          (b) Two members representing sheriffs from persons recommended by the Oregon State Sheriffs’ Association.

          (c) Two members representing community corrections directors from persons recommended by a statewide association of community corrections directors.

          (d) One member representing the Department of Corrections from persons recommended by the Department of Corrections.

          (e) One member representing the defense bar from persons recommended by a statewide association of defense attorneys.

          (f) Three members representing state, county and municipal employees from among persons recommended by a union representing federal, state, county and municipal employees.

          (g) Three members representing parole and probation officers from among persons recommended by a statewide association of parole and probation officers.

          (h) One member representing Oregon counties from among persons recommended by the Association of Oregon Counties.

          (2) The task force shall study the use of the arrest authority given parole and probation officers by section 6 of this 2005 Act.

          (3) A majority of the members of the task force constitutes a quorum for the transaction of business.

          (4) Official action by the task force requires the approval of a majority of the members of the task force.

          (5) The task force shall elect one of its members to serve as chairperson.

          (6) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

          (7) The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

          (8) The task force may adopt rules necessary for the operation of the task force.

          (9) The task force shall submit a report, and may include recommendations for legislation, to an interim committee related to parole and probation officers no later than October 1, 2006. The task force shall:

          (a) Include in the report recommendations on whether parole and probation officers should have authority to make arrests that is greater than that conferred by section 6 of this 2005 Act; and

          (b) Identify in the report areas of agreement and disagreement about the appropriate arrest authority for parole and probation officers.

          (10) Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

          (11) All agencies of state government, as defined in ORS 174.111, are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties.

          (12) The member of the Legislative Assembly appointed to the task force is a nonvoting member of the task force and acts in an advisory capacity only.

          (13) All appointments to the task force made under subsection (1) of this section must be completed by January 1, 2006.

          (14) The task force shall have its first meeting on or before February 1, 2006.

 

          SECTION 8. Section 7 of this 2005 Act is repealed on the date of the convening of the next regular biennial legislative session.

 

          SECTION 9. Sections 5 and 6 of this 2005 Act and the amendments to ORS 133.140, 133.220, 162.247 and 162.315 by sections 1 to 4 of this 2005 Act become operative on January 1, 2006.

 

          SECTION 10. This 2005 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2005 Act takes effect on its passage.

 

Approved by the Governor July 29, 2005

 

Filed in the office of Secretary of State July 29, 2005

 

Effective date July 29, 2005

__________