shall have a civil cause of action against any person who willfully

133.737 shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communication and shall be entitled to recover from any such person:

����� (a) Actual damages but not less than damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is greater; and

����� (b) Punitive damages.

����� (2) A good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil action brought under this section.

����� (3) Nothing in ORS 41.910, 133.721 to 133.739 and 133.992 is intended to abrogate any other private civil remedy for invasion of privacy.

����� (4) Except as provided in subsection (5) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

����� (5) The court may not award attorney fees to a prevailing defendant under the provisions of subsection (4) of this section if the action under this section is maintained as a class action pursuant to ORCP 32. [1979 c.716 �11; 1981 c.897 �38; 1989 c.983 �13; 1995 c.696 �16]

����� 133.740 [Renumbered 135.145]

VIDEO CAMERAS WORN BY

LAW ENFORCEMENT OFFICERS

����� 133.741 Law enforcement agency policies and procedures regarding video and audio recordings; requirements; exceptions. (1)(a) A law enforcement agency shall establish policies and procedures for the use, storage and retention of video and audio recordings resulting from the operation of video cameras worn upon a law enforcement officer�s person that record the officer�s interactions with members of the public while the officer is on duty.

����� (b) The policies and procedures described in paragraph (a) of this subsection must include:

����� (A) A requirement that a recording be retained for at least 180 days but no more than 30 months for a recording not related to a court proceeding or ongoing criminal investigation, or for the same period of time that evidence is retained in the normal course of the court�s business for a recording related to a court proceeding.

����� (B) A requirement that a camera worn upon a law enforcement officer�s person be set to record continuously, beginning when the officer develops reasonable suspicion or probable cause to believe that a crime or violation has occurred, is occurring or will occur and the law enforcement officer begins to make contact with the person suspected of committing the offense. The policies and procedures must also require that the camera may subsequently cease recording no sooner than the termination of the officer�s participation in the contact.

����� (C) A requirement that in any contract with a third party vendor for data storage, recordings from the camera are the property of the law enforcement agency, are not owned by the vendor and cannot be used by the vendor for any purpose inconsistent with the policies and procedures of the law enforcement agency.

����� (D) A prohibition on the use of facial recognition or other biometric matching technology to analyze recordings obtained through the use of the camera.

����� (E) A prohibition on the use of any recordings obtained from the camera for any purpose other than a legitimate law enforcement purpose.

����� (c) Notwithstanding paragraph (b)(B) of this subsection, a law enforcement agency may in its policies and procedures provide for exceptions to the recording requirements of paragraph (b)(B) of this subsection, provided that the exceptions are based on reasonable privacy concerns, exigent circumstances or the safety of law enforcement officers or other persons.

����� (2) As used in this section:

����� (a) �Law enforcement agency� means an agency employing law enforcement officers to enforce criminal laws.

����� (b) �Law enforcement officer� means an officer employed to enforce criminal laws by:

����� (A) This state or a municipal government within this state;

����� (B) A political subdivision, agency, department or bureau of the governments described in subparagraph (A) of this paragraph; or

����� (C) A police department established by a university under ORS 352.121 or 353.125. [2015 c.550 �1]

����� Note: 133.741 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

UNIFORM CRIMINAL

EXTRADITION ACT

����� 133.743 Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor. (1) Where appearing in ORS 133.743 to 133.857, the term �Governor� includes any person performing the extradition functions of Governor by authority of an appointment under subsection (2) of this section. The term �executive authority� includes the Governor and any person performing the functions of Governor in a state other than this state, and the term �state,� referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America.

����� (2) The Governor may appoint a member of the legal staff of the Governor to act in behalf of the Governor under ORS 133.743 to 133.857 in performing the extradition functions of the Governor. The appointment shall be in writing and be filed with the Secretary of State. [Formerly 147.010; 1983 c.82 �1]

����� 133.745 Determination of security requirements to carry out extradition. The Governor shall determine the security requirements necessary to safely carry out the extradition of a person from another state including, but not limited to, the number of agents needed to secure the return of a person under ORS 133.743 to 133.857. [1999 c.867 �12; 2009 c.40 �1]

����� Note: 133.745 was added to and made a part of 133.743 to 133.857 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 133.747 Fugitives from other states; Governor to cause arrest and delivery of criminals. Subject to the qualifications of ORS 133.743 to 133.857 and the provisions of the Constitution of the United States controlling, and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. [Formerly 147.020]

����� 133.750 [Renumbered 135.155]

����� 133.753 Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of security release, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand. [Formerly