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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3718
Sponsored by Representative ANDERSEN, Senator MANNING JR
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes some laws about police body camera footage. (Flesch Readability Score:
61.3).
Prohibits a police officer involved in a use of deadly physical force incident from reviewing body
camera recordings before participating in an interview about the incident.
Creates an alternative court process for a person denied access to a public record consisting
of a body camera recording of a law enforcement use of deadly physical force incident.
Directs the Department of Public Safety Standards and Training to create technical standards
for the maintenance and secure storage of body camera recordings.
A BILL FOR AN ACT
Relating to police body camera recordings; creating new provisions; and amending ORS 181A.785,
181A.790 and 181A.800.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181A.790 is amended to read:
181A.790. (1) As used in this section, “involved officer” means:
(a) A police officer whose official conduct, or official order to use deadly physical force, was a
cause in fact of the death of a person.Asusedinthis paragraph, “order to use deadly physical
force” means an order issued to another officer to use deadly physical force in a specific incident
or an order or directive establishing rules of engagement for the use of deadly physical force for a
specific incident.
(b) A police officer whose official conduct was not a cause in fact of the death of a person but
whose official involvement in an incident in which the use of deadly physical force by a police offi-
cer resulted in the death of a person:
(A) Began before or during the use of the deadly physical force; and
(B) Was reasonably likely to have exposed the police officer to greater stresses or trauma than
other police officers experienced as a result of their involvement in the incident before or during
the use of the deadly physical force.
(2) A law enforcement agency shall adopt a policy dealing with the use of deadly physical force
by its police officers. At a minimum, the policy must include guidelines for the use of deadly physical
force.
(3)(a) For each involved officer employed by a law enforcement agency, the law enforcement
agency shall pay the costs of at least two sessions with a mental health professional that are at-
tended by the officer. The sessions must be held within six months after the incident in which the
officer was involved.
(b) An involved officer shall attend at least one of the sessions described in paragraph (a) of this
subsection.
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3752 HB3718
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(c) Sessions with a mental health professional under this subsection may not be substituted for
a fitness for duty examination required or requested as a condition of employment by the law
enforcement agency that employs the involved officer.
(4) For at least 72 hours immediately following an incident in which the use of deadly physical
force by a police officer resulted in the death of a person, a law enforcement agency may not return
an involved officer to duties that might place the officer in a situation in which the officer has to
use deadly physical force. A law enforcement agency may not reduce an involved officer’s pay or
benefits as a result of the law enforcement agency’s compliance with this subsection.
Notwithstanding ORS 181A.805 (1), a personnel cost incurred in complying with this subsection by
a law enforcement agency employing 40 or fewer police officers is an expense for purposes of ORS
181A.805.
(5) An involved officer shall be prohibited from viewing or listening to audio and video
recordings of the incident in which deadly physical force was used that were obtained from
cameras worn on the involved officer’s or another officer’s person until the involved officer
has completed an interview concerning the incident.
[(5)(a)] (6)(a) A law enforcement agency employing an involved officer shall include at least one
police officer from a different law enforcement agency in the investigation of the incident in which
the involved officer was involved.
(b) The failure of a law enforcement agency to comply with paragraph (a) of this subsection is
not grounds for suppressing evidence obtained in the investigation.
[(6)(a)] (7)(a) A law enforcement agency shall collect at least the following information relating
to incidents in which a police officer’s use of deadly physical force resulted in the death of a person:
(A) The name, gender, race, ethnicity and age of the decedent.
(B) The date, time and location of the incident.
(C) A brief description of the circumstances surrounding the incident.
(b) A law enforcement agency shall promptly submit the information collected under paragraph
(a) of this subsection to the Department of Justice.
[(7)] (8) The department shall compile and periodically publish information submitted under
subsection [(6)] (7) of this section. The department, by rule, may specify a form to be used by law
enforcement agencies in submitting information under subsection [(6)] (7) of this section.
SECTION 2. ORS 181A.785 is amended to read:
181A.785. In the plan required by ORS 181A.780 (4), a deadly physical force planning authority
shall, at a minimum:
(1)(a) Address, under ORS 181A.780 (4)(a), the manner in which each law enforcement agency
within the county will comply with ORS 181A.790 (2); and
(b) Attach a copy of each policy adopted under ORS 181A.790 (2) to the plan.
(2) Address, under ORS 181A.780 (4)(b), the manner in which each law enforcement agency
within the county will comply with ORS 181A.790 (3)(a) and (4).
(3) Address, under ORS 181A.780 (4)(c), the manner in which each law enforcement agency
within the county will comply with ORS 181A.790 [(5)(a)] (5) and (6)(a).
(4) Address, under ORS 181A.780 (4)(d), the manner in which the district attorney of the county
will exercise discretion to resolve issues of potential criminal responsibility.
(5) Address, under ORS 181A.780 (4)(e), the manner in which each law enforcement agency
within the county will comply with ORS 181A.790 [(6)] (7).
SECTION 3. ORS 181A.800 is amended to read:
[2] HB3718
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181A.800. Notwithstanding ORS 181A.780, 181A.785 and 181A.790 (3) and [ (6)] (7), if sufficient
moneys are not appropriated to the Department of Justice for purposes of making grants under ORS
181A.805, a deadly physical force planning authority created by ORS 181A.780 or a law enforcement
agency is not required to comply with any requirement of ORS 181A.780, 181A.785 or 181A.790 (3)
or [(6)] (7) for which the law enforcement agency is entitled to reimbursement under ORS 181A.805.
SECTION 4. Section 5 of this 2025 Act is added to and made a part of ORS 192.311 to
192.478.
SECTION 5.(1) Notwithstanding ORS 192.415, when a person seeking to inspect or receive
a copy of a public record described in ORS 192.345 (40) is denied access to the record, and the
record pertains to the use of deadly physical force by a police officer, in lieu of petitioning
the district attorney under ORS 192.415, the person seeking the record may directly file the
petition in the circuit court for the county in which the public body is located requesting that
the court order the public record to be made available for inspection or to be produced.
(2) A petition under this section shall be in substantially the same form as the petition
described in ORS 192.422. The petitioner shall ensure that a copy of the petition is served on
the district attorney of the county in which the public body is located, and the district at-
torney shall serve as the opposing party in the proceeding.
(3) When a petition is filed under this section, the court shall hold a hearing. If the dis-
trict attorney opposes the petition, the district attorney shall appear at the hearing, and the
burden is on the public body to sustain its action. The court has jurisdiction to order the
production of any records improperly withheld from the person seeking disclosure. The
court, on its own motion, may view the records in controversy in camera before reaching a
decision. Any noncompliance with the order of the court may be punished as contempt of
court.
(4) A filing fee is not required for a proceeding described in this section.
(5) The decision of the court on a proceeding described in this section may be appealed
in the same manner as a proceeding described in ORS 192.431.
SECTION 6. Section 7 of this 2025 Act is added to and made a part of ORS 181A.355 to
181A.689.
SECTION 7.The Department of Public Safety Standards and Training shall develop uni-
form technical standards for law enforcement units for the maintenance, retention and se-
cure storage of audio and video recordings from cameras worn on a police officer’s person.
[3]