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 419

                           A-Engrossed

                         Senate Bill 49
                 Ordered by the Senate March 11
           Including Senate Amendments dated March 11

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for the Judicial Department)

                             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.

  Authorizes Chief Justice of Supreme Court to adopt standards
and plan for physical security of judges and staff.
   { +  Authorizes Chief Justice to appoint Chief Judicial
Marshal and deputy judicial marshals. Designates judicial
marshals with certain training as peace officers. + }
  Allows expenditures from State Court Facilities and Security
Account to be used to fund positions in Judicial Department.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to state court security; amending ORS 1.177, 1.178,
  133.005 and 181.610 and section 3, chapter 88, Oregon Laws
  2012; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 1.177, as amended by section 1, chapter 88,
Oregon Laws 2012, and section 104, chapter 107, Oregon Laws 2012,
is amended to read:
  1.177. (1) The Chief Justice of the Supreme Court may adopt
state standards, and a state plan, for { + :
  (a) + } State court security, emergency preparedness and
business continuity for facilities used by  { + the + } judges or
staff of a
  { - circuit court, the Supreme Court, Court of Appeals or
Oregon Tax Court - }   { + court operating under the Judicial
Department + } or  { + the staff of + } the office of the State
Court Administrator  { - . - }  { + ; and + }
   { +  (b) The physical security of the judges or staff of a
court operating under the Judicial Department or the staff of the
office of the State Court Administrator. + }
  (2) { + (a) + } The Chief Justice may appoint a   { - judicial
security officer - }   { + Chief Judicial Marshal + } and other
 { - judicial security personnel - }   { + deputy judicial
marshals + } charged with { + :

  (A) + } Implementing a state plan adopted under subsection (1)
of this section  { - . - }  { + ;
  (B) Ensuring the physical security and safety of judges of a
court operating under the Judicial Department;
  (C) Ensuring the physical security and safety of the staff of a
court operating under the Judicial Department, the staff of the
office of the State Court Administrator and the public in and
around court facilities as defined in ORS 166.360; and
  (D) Ensuring the security of the real and personal property
owned, controlled, occupied or used by the Judicial Department.
  (b) Persons appointed as judicial marshals under this section
are subject to the personnel rules and policies established by
the Chief Justice under ORS 1.002.
  (c) When appointed and duly sworn by the Chief Justice,
judicial marshals appointed under this section who are trained
pursuant to section 3, chapter 88, Oregon Laws 2012, have the
authority given to peace officers of this state for the purposes
of carrying out the duties of their employment.
  (d) The Chief Justice may define the duties of judicial
marshals appointed under this section.
  (e) Judicial marshals granted the authority of a peace officer
under this section who detain any person in accordance with the
marshal's duties retain the authority until the law enforcement
agency having general jurisdiction over the area in which the
person is detained assumes responsibility for the person.
  (f) Persons appointed as judicial marshals under this section
are not police officers for purposes of the Public Employees
Retirement System. + }
  (3) Except as provided in this subsection, a plan adopted under
this section and all documents related to development of the plan
are confidential and need not be disclosed under the provisions
of ORS 192.410 to 192.505. The Chief Justice may authorize the
disclosure of all or part of a plan prepared under this section
if the Chief Justice determines that the interest of the public
would be served by the disclosure and that the disclosure will
not impair the integrity of the plan. Records of expenditures for
a   { - state court security - }  plan  { + adopted under this
section + } and records of equipment purchased under the plan are
not confidential under the provisions of this subsection, and are
subject to disclosure as public records under the provisions of
ORS 192.410 to 192.505.
  SECTION 2. ORS 1.178 is amended to read:
  1.178. (1) The State Court Facilities and Security Account is
established separate and distinct from the General Fund. The
account consists of moneys allocated to the account under the
provisions of ORS 137.300. Interest earned by the State Court
Facilities and Security Account shall be credited to the account.
Moneys in the account are continuously appropriated to the State
Court Administrator for the purposes described in subsection (2)
of this section.
  (2) Expenditures by the State Court Administrator from the
State Court Facilities and Security Account shall be made only
for the following purposes:
  (a) Developing or implementing a plan for state court security
improvement, emergency preparedness { + , + }   { - and - }
business continuity  { + and physical security + } under ORS
1.177.
  (b) Statewide training on state court security.
  (c) Distributions to court facilities security accounts
maintained under ORS 1.182.
  (d) Capital improvements for courthouses and other state court
facilities.
  SECTION 3. ORS 1.178, as amended by section 76, chapter 107,
Oregon Laws 2012, is amended to read:
  1.178. (1) The State Court Facilities and Security Account is
established separate and distinct from the General Fund. The
account consists of moneys allocated to the account under the
provisions of ORS 137.300. Moneys in the account are continuously
appropriated to the State Court Administrator for the purposes
described in subsection (2) of this section.
  (2) Expenditures by the State Court Administrator from the
State Court Facilities and Security Account shall be made only
for the following purposes:
  (a) Developing or implementing the plan for state court
security, emergency preparedness { + , + }   { - and - }
business continuity  { + and physical security + } adopted under
ORS 1.177.   { - Expenditures under this paragraph may not be
used to fund positions in the judicial department. - }
  (b) Statewide training on state court security.
  (c) Distributions to court facilities security accounts
maintained under ORS 1.182.
  (d) Capital improvements for courthouses and other state court
facilities.
  SECTION 4. 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;
  (d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon;
  (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  { - . - }  { + ; or
  (h) A judicial marshal appointed under ORS 1.177 who is trained
pursuant to section 3, chapter 88, Oregon Laws 2012. + }
  (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 5. 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;
  (d) An investigator of the Criminal Justice Division of the
Department of Justice of the State of Oregon;
  (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)  { - . - }  { + ; or
  (g) A judicial marshal appointed under ORS 1.177 who is trained
pursuant to section 3, chapter 88, Oregon Laws 2012. + }
  (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 181.610, as amended by section 22, chapter 54,
Oregon Laws 2012, section 13, chapter 67, Oregon Laws 2012, and
section 4, chapter 88, Oregon Laws 2012, is amended to read:
  181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
  (1) 'Abuse' has the meaning given the term in ORS 107.705.
  (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  (3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  (a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
  (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  (6) 'Department' means the Department of Public Safety
Standards and Training.
  (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  (8) 'Domestic violence' means abuse between family or household
members.
  (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  (12) 'Law enforcement unit' means:
  (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government as defined in
section 1, chapter 644, Oregon Laws 2011, that employs authorized
tribal police officers as defined in section 1, chapter 644,
Oregon Laws 2011, the Criminal Justice Division of the Department
of Justice, the Department of Corrections, the Oregon State
Lottery Commission, the Security and Emergency Preparedness
Office of the Judicial Department or common carrier railroad the
primary duty of which, as prescribed by law, ordinance or
directive, is one or more of the following:
  (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  (C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation;
  (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  (c) A district attorney's office;
  (d) The Oregon Liquor Control Commission with regard to liquor
enforcement inspectors; or
  (e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
  (13) 'Liquor enforcement inspector' has the meaning given that
term in ORS 471.001.
  (14) 'Parole and probation officer' means:
  (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  (b) An officer who:
  (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  (C) Is charged with and performs the duty of:
  (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  (15) 'Police officer' means:
  (a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
  (A) Commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, tribal government as
defined in section 1, chapter 644, Oregon Laws 2011, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission, a university that has established a police
department under ORS 352.383, the Governor or the Department of
State Police; and
  (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
  (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state, an authorized tribal police officer as defined
in section 1, chapter 644, Oregon Laws 2011, or a humane special
agent commissioned under section 1, chapter 67, Oregon Laws 2012;
or
  (c)   { - An individual member of the judicial security
personnel identified pursuant to - }  { +  A judicial marshal
appointed under + } ORS 1.177 who is trained pursuant to section
3, chapter 88, Oregon Laws 2012.
  (16) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  (17) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
  (18) 'Reserve officer' means an officer or member of a law
enforcement unit 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, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or 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.
  (19) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
  (20) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the

duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
  SECTION 7. ORS 181.610, as amended by section 50, chapter 644,
Oregon Laws 2011, section 23, chapter 54, Oregon Laws 2012,
section 14, chapter 67, Oregon Laws 2012, and section 5, chapter
88, Oregon Laws 2012, is amended to read:
  181.610. In ORS 181.610 to 181.712, unless the context requires
otherwise:
  (1) 'Abuse' has the meaning given the term in ORS 107.705.
  (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  (3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  (a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
  (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  (6) 'Department' means the Department of Public Safety
Standards and Training.
  (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  (8) 'Domestic violence' means abuse between family or household
members.
  (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  (12) 'Law enforcement unit' means:
  (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government, the Criminal
Justice Division of the Department of Justice, the Department of
Corrections, the Oregon State Lottery Commission, the Security
and Emergency Preparedness Office of the Judicial Department or
common carrier railroad the primary duty of which, as prescribed
by law, ordinance or directive, is one or more of the following:
  (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a

place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  (C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation;
  (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  (c) A district attorney's office;
  (d) The Oregon Liquor Control Commission with regard to liquor
enforcement inspectors; or
  (e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
  (13) 'Liquor enforcement inspector' has the meaning given that
term in ORS 471.001.
  (14) 'Parole and probation officer' means:
  (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  (b) An officer who:
  (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  (C) Is charged with and performs the duty of:
  (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  (15) 'Police officer' means:
  (a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
  (A) Commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, tribal government,
the Criminal Justice Division of the Department of Justice, the
Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police; and
  (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
  (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state or a humane special agent commissioned under
section 1, chapter 67, Oregon Laws 2012; or
  (c)   { - An individual member of the judicial security
personnel identified pursuant to - }  { +  A judicial marshal
appointed under + } ORS 1.177 who is trained pursuant to section
3, chapter 88, Oregon Laws 2012.
  (16) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  (17) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,

police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
  (18) 'Reserve officer' means an officer or member of a law
enforcement unit 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, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or 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.
  (19) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
  (20) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
  SECTION 8. Section 3, chapter 88, Oregon Laws 2012, is amended
to read:
   { +  Sec. 3. + } (1) Upon request of the Security and
Emergency Preparedness Office of the Judicial Department, the
Department of Public Safety Standards and Training shall certify
individual
  { - members of the judicial security personnel identified
pursuant to - }  { +  judicial marshals appointed under + } ORS
1.177 as being qualified in the same manner as police officers
pursuant to ORS 181.640.
  (2) The provisions of ORS 181.610 to 181.712 relating to the
training and certification of police officers apply to individual
  { - members of the judicial security personnel - }
 { + judicial marshals + } trained pursuant to subsection (1) of
this section.
  (3) Notwithstanding any other provision of law, the Security
and Emergency Preparedness Office of the Judicial Department
shall bear the expense of training pursuant to subsection (1) of
this section.
  SECTION 9.  { + 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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