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 1873 House Bill 2602 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee on Judiciary) 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. Creates crime of making an unauthorized arrest. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Creates civil cause of action for unauthorized arrest. Provides prevailing plaintiff with attorney fees and greater of $10,000 or actual damages. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to law enforcement; creating new provisions; amending ORS 133.005, 133.225, 133.245 and 133.340; and declaring an emergency. Be It Enacted by the People of the State of Oregon: - } SECTION 1. { + (1) A person commits the crime of making an unauthorized arrest if: (a) The person arrests another person for a crime under state or federal law; and (b) The arrest is not authorized by the provisions of ORS 133.220 to 133.360. (2) Making an unlawful arrest is a Class A misdemeanor. (3) A plaintiff has a civil cause of action for a violation of this section. A prevailing plaintiff in the civil action is entitled to receive: (a) The greater of $10,000 or actual damages; and (b) Reasonable attorney fees. + } SECTION 2. ORS 133.245 is amended to read: 133.245. (1) A federal officer may arrest a person: (a) For any crime committed in the federal officer's presence if the federal officer has probable cause to believe the person committed the crime. (b) For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime. (c) When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805. (d) When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person's arrest. (2) The federal officer shall inform the person to be arrested of the federal officer's authority and reason for the arrest. (3) In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.235, 161.239 and 161.245. (4)(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer. (b) The federal 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. (5) A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer. (6) { + Except as otherwise provided in ORS 133.225, + } a federal officer { - is authorized to make arrests under - } { + may not make an arrest in this state for a violation of federal or state law + } { - this section upon certification by - } { + unless + }the Department of Public Safety Standards and Training { + certifies + } that the federal officer has received proper training to enable that officer to make arrests under this section. SECTION 3. ORS 133.225 is amended to read: 133.225. (1) A private person may arrest another person for { - any crime - } { + a felony + } committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the { - crime - } { + felony + }. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer. (2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255. SECTION 4. ORS 133.340 is amended to read: 133.340. When a { - crime - } { + felony + } is committed in the presence of a magistrate, the magistrate may, by a verbal or written order, command any person to arrest the offender and may thereupon proceed as if the offender had been brought before the magistrate upon a warrant of arrest. SECTION 5. ORS 133.005, as amended by section 6, chapter 54, Oregon Laws 2012, and section 3, chapter 67, Oregon Laws 2012, is amended to read: 133.005. As used in ORS 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise: (1) 'Arrest' means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A 'stop' as authorized under ORS 131.605 to 131.625 is not an arrest. (2) 'Federal officer' means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty. (3) 'Peace officer' means: (a) A member of the Oregon State Police; (b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.383; (c) An investigator of a district attorney's office if the investigator is { - or has been certified as a peace officer in this or any other state - } { + certified as a public safety officer under ORS 181.610 to 181.712 + }; (d) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon { + if the investigator is certified as a public safety officer under ORS 181.610 to 181.712 + }; (e) A humane special agent as defined in section 2, chapter 67, Oregon Laws 2012; (f) A liquor enforcement inspector exercising authority described in ORS 471.775 (2); or (g) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011. (4) 'Reserve officer' means an officer or member of a law enforcement agency who is: (a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police; (b) Armed with a firearm; and (c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. SECTION 6. ORS 133.005, as amended by section 39, chapter 644, Oregon Laws 2011, section 7, chapter 54, Oregon Laws 2012, and section 4, chapter 67, Oregon Laws 2012, is amended to read: 133.005. As used in ORS 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise: (1) 'Arrest' means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A 'stop' as authorized under ORS 131.605 to 131.625 is not an arrest. (2) 'Federal officer' means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty. (3) 'Peace officer' means: (a) A member of the Oregon State Police; (b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.383; (c) An investigator of a district attorney's office if the investigator is { - or has been certified as a peace officer in this or any other state - } { + certified as a public safety officer under ORS 181.610 to 181.712 + }; (d) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon { + if the investigator is certified as a public safety officer under ORS 181.610 to 181.712 + }; (e) A humane special agent as defined in section 2, chapter 67, Oregon Laws 2012; or (f) A liquor enforcement inspector exercising authority described in ORS 471.775 (2). (4) 'Reserve officer' means an officer or member of a law enforcement agency who is: (a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police; (b) Armed with a firearm; and (c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. 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. + } ----------