Title 131 · ORS Chapter 131

149.030; 1981 c.300 �3] �� 131.897 Authority to order repayment of reward as part of sentence. (1) In addition to any other sentence it may impose as a result of a criminal conviction, the cour

Citation: ORS 149.030

Section: 149.030

149.030; 1981 c.300 �3]

�� 131.897 Authority to order repayment of reward as part of sentence. (1) In addition to any other sentence it may impose as a result of a criminal conviction, the court may order that a defendant reimburse to a person, organization, association or public body or officer, any sum or portion thereof offered and paid by the person, organization, association or public body or officer under ORS 131.885 to 131.895, as a reward for information leading to the apprehension of the defendant. Reimbursement under this section shall be ordered paid into the court, for further transfer by the clerk to the person, organization, association or public body or officer entitled to it.

�� (2) In determining whether to order reimbursement under this section, the court shall take into account:

�� (a) The financial resources of the defendant and the burden that reimbursement will impose, with due regard to the other obligations of the defendant; and

�� (b) The ability of the defendant to make reimbursement on an installment basis or on other conditions to be fixed by the court. [1981 c.300 �4; 1987 c.905 �13; 1993 c.543 �3; 1995 c.461 �2; 1999 c.217 �4; 2011 c.597 �121]

LIABILITY FOR MEDICAL EXPENSES OF CERTAIN PERSONS

�� 131.900 Liability for medical expenses for person restrained, detained or taken into custody. Except as otherwise provided by ORS 30.260 to 30.300, federal civil rights law or written agreement, the state, a county, a city, a law enforcement agency or local correctional facility thereof is not liable for charges or expenses for any medical services provided to an individual who is the object of efforts by a law enforcement officer to restrain or detain or take into custody. [1991 c.778 �8; 1993 c.196 �2]

LAW ENFORCEMENT CONTACTS POLICY AND DATA REVIEW COMMITTEE

�� 131.905 Legislative findings. The Legislative Assembly finds and declares that:

�� (1) Surveys of the trust and confidence placed by Oregonians in state and local law enforcement indicate that there are Oregonians who believe that some law enforcement officers have engaged in practices that inequitably and unlawfully discriminate against individuals solely on the basis of their race, color or national origin.

�� (2) State and local law enforcement agencies can perform their missions more effectively when all Oregonians have trust and confidence that law enforcement stops and other contacts with individuals are free from inequitable and unlawful discrimination based on race, color or national origin.

�� (3) Representatives of community interest groups and state and local law enforcement agencies agree that collecting certain demographic data about contacts between individuals and state or local law enforcement officers will provide a statistical foundation to ensure that future contacts are free from inequitable and unlawful discrimination based on race, color or national origin.

�� (4) Demographic data collection can establish a factual and quantifiable foundation for measuring progress in eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals, but data collection alone does not provide a sufficient basis for corrective action. Proper analysis of the demographic data and enactment of meaningful reforms in response to the results of that analysis require careful consideration of all relevant factors including the context of the community in which the data has been collected.

�� (5) It is the goal of this state that all law enforcement agencies perform their missions without inappropriate use of race, color or national origin as the basis for law enforcement actions. This goal may be achieved by providing assistance to state and local law enforcement agencies and the communities that they serve.

�� (6) This state shall foster, encourage and support the collection and analysis of demographic data by state and local law enforcement agencies. [2001 c.687 �5]

�� 131.906 Law Enforcement Contacts Policy and Data Review Committee; duties; report. (1) There is created the Law Enforcement Contacts Policy and Data Review Committee consisting of 11 members appointed by the Governor.

�� (2) The purpose of the committee is to receive and analyze demographic data to ensure that law enforcement agencies perform their missions without inequitable or unlawful discrimination based on race, color or national origin.

�� (3) To achieve its purpose, the committee shall collect and analyze demographic data to:

�� (a) Provide information to assist communities and state and local law enforcement agencies in evaluating the policies, training and procedures of law enforcement agencies regarding the treatment of individuals during stops and other contacts with law enforcement;

�� (b) Inform state and local law enforcement agencies and communities about law enforcement practices; and

�� (c) Provide opportunities for communities and state and local law enforcement agencies to work together to increase public trust and confidence in law enforcement and to enhance the capacity of communities and law enforcement agencies to provide more effective public safety services.

�� (4) The committee shall:

�� (a) Solicit demographic data concerning law enforcement stops and other contacts between state and local law enforcement agencies and individuals;

�� (b) Publicize programs, procedures and policies from communities that have made progress toward eliminating discrimination based on race, color or national origin during law enforcement stops and other contacts with individuals;

�� (c) Provide technical assistance, including refinement of the minimum data elements as necessary for effective analysis, to state and local law enforcement agencies that desire to begin collecting demographic data;

�� (d) Provide technical assistance to communities and state and local law enforcement agencies that desire to engage in local efforts to involve individuals in the establishment and implementation of programs, procedures and policies that will advance the goal of ORS 131.905;

�� (e) Obtain resources for independent analysis and interpretation of demographic data collected by state or local law enforcement agencies;

�� (f) Accept and analyze demographic data collected by a state or local law enforcement agency if requested by a state or local law enforcement agency and if resources are available; and

�� (g) Report to the public the results of analyses of demographic data.

�� (5) In carrying out its purpose, the committee may request and receive data files from participating law enforcement agencies and may analyze data for each reported contact. These data files should contain as many of the following items of information as are collected by the participating law enforcement agency:

�� (a) The reason for the law enforcement stop or other contact;

�� (b) The law enforcement officer�s perception of the race, color or national origin of the individual involved in the contact;

�� (c) The individual�s gender;

�� (d) The individual�s age;

�� (e) Whether a search was conducted in connection with the contact, and if so, what resulted from the search;

�� (f) The disposition of the law enforcement action, if any, resulting from the contact; and

�� (g) Additional data as recommended by the committee that state and local law enforcement agencies should collect and submit.

�� (6) Data received by the committee for analysis under this section may not identify a particular law enforcement officer or a particular individual whose demographic data is collected by a state or local law enforcement agency.

�� (7) The committee shall elect one of its members to serve as chairperson.

�� (8) Members of the committee who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the committee shall be paid out of funds appropriated to Portland State University for purposes of the committee.

�� (9) Portland State University shall provide administrative support staff necessary to the performance of the functions of the committee.

�� (10) All agencies of state government, as defined in ORS 174.111, are requested to assist the committee 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 committee consider necessary to perform their duties.

�� (11) The committee shall make findings and issue recommendations for action to achieve the purpose of this section. The committee shall submit a report containing its findings and recommendations to the appropriate interim legislative committees annually on or before December 1.

�� (12) After completion of the analysis of the data from at least two state or local law enforcement agencies, the committee may recommend the collection of additional data elements.

�� (13) This section does not prohibit a state or local law enforcement agency from collecting data in addition to the information listed in subsection (5) of this section. [2001 c.687 �6; 2007 c.190 �2; 2009 c.859 �1]

�� 131.908 Funding contributions. Portland State University may accept contributions of funds from the United States, its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the Law Enforcement Contacts Policy and Data Review Committee. [2001 c.687 �8; 2007 c.190 �3]

�� 131.909 Moneys received. All moneys received by Portland State University under ORS 131.908 shall be paid into the State Treasury and deposited into the General Fund to the credit of Portland State University. Such moneys are appropriated continuously to Portland State University for the purposes of ORS 131.906. [2001 c.687 �9; 2007 c.190 �4]

�� 131.910 [2001 c.687 �10; repealed by 2017 c.532 �16]

LAW ENFORCEMENT PROFILING

(Complaint Procedures)

�� 131.915 Definitions. As used in ORS 131.915 to 131.925:

�� (1) �Gender identity� has the meaning given that term in ORS 174.100.

�� (2) �Law enforcement agency� means:

�� (a) The Department of State Police;

�� (b) The Department of Justice;

�� (c) A district attorney�s office; and

�� (d) Any of the following that maintains a law enforcement unit as defined in ORS 181A.355:

�� (A) A political subdivision or an instrumentality of the State of Oregon.

�� (B) A municipal corporation of the State of Oregon.

�� (C) A tribal government.

�� (D) A university.

�� (3) �Law enforcement 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 352.121 or 353.125;

�� (c) An investigator of a district attorney�s office if the investigator is or has been certified as a law enforcement officer in this or any other state;

�� (d) An investigator of the Criminal Justice Division of the Department of Justice;

�� (e) A humane special agent as defined in ORS 181A.345;

�� (f) A judicial marshal of the Marshal�s Office of the Judicial Department who is appointed under ORS 1.177 and trained pursuant to ORS 181A.540;

�� (g) A regulatory specialist exercising authority described in ORS 471.775 (2); or

�� (h) An authorized tribal police officer as defined in ORS 181A.940.

�� (4) �Profiling� means the targeting of an individual by a law enforcement agency or a law enforcement officer, on suspicion of the individual�s having violated a provision of law, based solely on the individual�s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity, sexual orientation, political affiliation, religion, homelessness or disability, unless the agency or officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.

�� (5) �Sexual orientation� has the meaning given that term in ORS 174.100. [2015 c.681 �1; 2017 c.17 �7; 2017 c.706 �6; 2021 c.173 �3; 2021 c.367 �8]

�� 131.920 Policies and procedures prohibiting profiling. (1) All law enforcement agencies shall have written policies and procedures prohibiting profiling. The policies and procedures shall, at a minimum, include:

�� (a) A prohibition on profiling;

�� (b) Procedures allowing a complaint alleging profiling to be made to the agency:

�� (A) In person;

�� (B) In a writing signed by the complainant and delivered by hand, postal mail, facsimile or electronic mail; or

�� (C) By telephone, anonymously or through a third party;

�� (c) The provision of appropriate forms to use for submitting complaints alleging profiling;

�� (d) Procedures for submitting a copy of each profiling complaint to the Law Enforcement Contacts Policy and Data Review Committee and for receiving profiling complaints forwarded from the committee; and

�� (e) Procedures for investigating all complaints alleging profiling.

�� (2) A law enforcement agency shall:

�� (a) Investigate all complaints alleging profiling that are received by the agency or forwarded from the committee.

�� (b) Accept for investigation a complaint alleging profiling that is made to the agency within 180 days of the alleged profiling incident.

�� (c) Respond to every complaint alleging profiling within a reasonable time after the conclusion of the investigation. The response must contain a statement of the final disposition of the complaint. [2015 c.681 �2; 2015 c.681 �6; 2017 c.706 �7]

�� 131.925 Complaints alleging profiling; complaint form. (1)(a) A law enforcement agency shall provide to the Law Enforcement Contacts Policy and Data Review Committee information concerning each complaint the agency receives alleging profiling, and shall notify the committee of the disposition of the complaint, in the manner described in this subsection.

�� (b) The law enforcement agency shall submit to the committee a profiling complaint report form summarizing each profiling complaint and the disposition of the complaint, and a copy of each profiling complaint, once each year no later than January 31.

�� (c) The law enforcement agency shall submit the form described in paragraph (b) of this subsection even if the agency has not received any profiling complaints.

�� (d) The profiling complaint report form and copies of profiling complaints submitted to the committee may not include personal information concerning the complainant or a law enforcement officer except as to any personal information recorded on the form as described in subsection (4)(c) of this section.

�� (2)(a) A person may submit to the committee a complaint alleging profiling and the committee shall receive the complaints.

�� (b) The committee also shall receive complaints alleging profiling that are forwarded from a law enforcement agency.

�� (c) The committee shall forward a copy of each profiling complaint the committee receives to the law enforcement agency employing the officer that is the subject of the complaint. The forwarded complaint must include the name of the complainant unless the complainant requests to remain anonymous, in which case the complainant�s name must be redacted.

�� (3)(a) The committee may not release any personal information concerning a complainant or a law enforcement officer who is the subject of a profiling complaint.

�� (b) The personal information of complainants and of law enforcement officers who are the subject of profiling complaints are exempt from public disclosure under ORS 192.355.

�� (4) The Department of State Police shall develop a standardized profiling complaint report form. The form must provide for recording the following information:

�� (a) A summary of total complaints and a certification that a law enforcement agency�s profiling policy conforms to ORS 131.920;

�� (b) A summary of each complaint received by the law enforcement agency, including the date, time and location of the incident and the disposition of the complaint; and

�� (c) To the extent known, the complainant�s gender, gender identity, age, race, ethnicity, sexual orientation, primary language, national origin, religion, political affiliation, homeless status and disability status, recorded in a manner that does not identify the complainant.

�� (5) As used in this section, �personal information� has the meaning given that term in ORS