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. + }
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