Title 131 · ORS Chapter 131

807.750. [2015 c.681 �3; 2017 c.706 �5] (Data Collection and Analysis) �� 131.930 Definitions. As used in ORS 131.930 to 131.945: �� (1) �Gender identity� has the meaning given that ter

Citation: ORS 807.750

Section: 807.750

807.750. [2015 c.681 �3; 2017 c.706 �5]

(Data Collection and Analysis)

�� 131.930 Definitions. As used in ORS 131.930 to 131.945:

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

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

�� (3) �Law enforcement officer� means a member of the Oregon State Police, a sheriff or a municipal police officer.

�� (4) �Officer-initiated pedestrian stop� means a detention of a pedestrian by a law enforcement officer that is not associated with a call for service. The term does not apply to detentions for routine searches performed at the point of entry to or exit from a controlled area.

�� (5) �Officer-initiated traffic stop� means a detention of a driver of a motor vehicle by a law enforcement officer, not associated with a call for service, for the purpose of investigating a suspected violation of the Oregon Vehicle Code.

�� (6) �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.

�� (7) �Sexual orientation� has the meaning given that term in ORS 174.100. [2017 c.706 �1; 2019 c.305 �1; 2021 c.367 �9]

�� 131.935 Collection of officer-initiated stop data; use of data; rules. (1) No later than July 1, 2018, the Oregon Criminal Justice Commission, in consultation with the Department of State Police and the Department of Justice, shall develop and implement a standardized method to be used by law enforcement officers to record officer-initiated pedestrian stop and officer-initiated traffic stop data. The standardized method must require, and any form developed and used pursuant to the standardized method must provide for, the following data to be recorded for each stop:

�� (a) The date and time of the stop;

�� (b) The location of the stop;

�� (c) The race, ethnicity, age and sex of the pedestrian or the operator of the motor vehicle stopped, based on the observations of the law enforcement officer responsible for reporting the stop;

�� (d) The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and

�� (e) The disposition of the stop, including whether a warning, citation or summons was issued, whether a search was conducted, the type of search conducted, whether anything was found as a result of the search and whether an arrest was made.

�� (2) No later than July 1, 2018, the Department of Public Safety Standards and Training, in consultation with law enforcement agencies, shall develop and implement training and procedures to facilitate the collection of officer-initiated pedestrian and traffic stop data pursuant to subsection (1) of this section.

�� (3) Beginning on the dates described in subsection (4) of this section, all law enforcement agencies that engage in officer-initiated pedestrian or traffic stops shall record and retain the following data for each stop:

�� (a) The date and time of the stop;

�� (b) The location of the stop;

�� (d) The nature of, and the statutory citation for, the alleged traffic violation, or other alleged violation, that caused the stop to be made; and

�� (4) Each law enforcement agency shall begin recording the data described in subsection (3) of this section as follows:

�� (a) An agency that employs 100 or more law enforcement officers shall begin recording no later than July 1, 2018.

�� (b) An agency that employs between 25 and 99 law enforcement officers shall begin recording no later than July 1, 2019.

�� (c) An agency that employs between one and 24 law enforcement officers shall begin recording no later than July 1, 2020.

�� (5) Each law enforcement agency that engages in officer-initiated traffic or pedestrian stops shall report to the Oregon Criminal Justice Commission the data recorded pursuant to subsection (3) of this section as follows:

�� (a) An agency that employs 100 or more law enforcement officers shall report no later than July 1, 2019, and at least annually thereafter.

�� (b) An agency that employs between 25 and 99 law enforcement officers shall report no later than July 1, 2020, and at least annually thereafter.

�� (c) An agency that employs between one and 24 law enforcement officers shall report no later than July 1, 2021, and at least annually thereafter.

�� (6) Data acquired under this section shall be used only for statistical purposes and not for any other purpose. The data may not contain information that reveals the identity of any stopped individual or the identity of any law enforcement officer. Data collected by law enforcement agencies or held by the Oregon Criminal Justice Commission under this section that may reveal the identity of any stopped individual or the identity of any law enforcement officer is exempt from public disclosure in any manner.

�� (7) The Department of Justice, the Department of Public Safety Standards and Training and the Department of State Police may adopt rules to carry out the provisions of ORS 131.930 to 131.945. [2017 c.706 �2]

�� 131.940 Analysis of stop data to identify profiling; report. (1) The Oregon Criminal Justice Commission shall review all data, including the prevalence and disposition of officer-initiated pedestrian and traffic stops, reported by law enforcement agencies pursuant to ORS 131.935 in order to identify patterns or practices of profiling.

�� (2) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to review the data as described in subsection (1) of this section.

�� (3) No later than December 1, 2019, and annually thereafter, the commission shall report the results of the review to the Governor, the Department of Public Safety Standards and Training and, in the manner provided in ORS 192.245, to the committees or interim committees of the Legislative Assembly related to the judiciary. [2017 c.706 �3]

�� 131.945 Training for law enforcement agencies; presentation to local public safety coordinating council. (1) The Department of Public Safety Standards and Training shall receive and review reports provided to the department by the Oregon Criminal Justice Commission pursuant to ORS 131.940.

�� (2) Upon receipt of a report described in subsection (1) of this section, the department may provide advice or technical assistance to any law enforcement agency mentioned within the report. Any advice or technical assistance provided shall be based on best practices in policing as determined by the Oregon Center for Policing Excellence established in ORS 181A.660.

�� (3) Upon providing advice or technical assistance under this section, the department shall, within a reasonable amount of time, present a summary of the advice and assistance given to the local public safety coordinating council in the county in which the assisted law enforcement agency is located. If the assisted law enforcement agency is the Oregon State Police, the presentation shall occur in Marion County. The presentation shall be open to the public, feature live testimony by presenters and be held in accordance with ORS 192.610 to 192.705. [2017 c.706 �4]

�� 131.990 [Formerly 145.990; repealed by 1987 c.526 �2]

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