1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session Senate Bill 582 Sponsored by Senator FREDERICK (at the request of Salem Keizer NAACP Unit 1166) (Presession filed.) 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 laws about police body camera footage. The Act takes effect on the 91st day after sine die.(Flesch Readability Score: 69.7). 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. Takes effect on the 91st day following adjournment sine die. A BILL FOR AN ACT Relating to police body camera recordings; creating new provisions; amending ORS 181A.785, 181A.790 and 181A.800; and prescribing an effective date. 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.Asusedinthisparagraph,“ordertousedeadlyphysical 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 3451 SB582 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 (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 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] SB582 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 181A.800. Notwithstanding ORS 181A.780, 181A.785 and 181A.790 (3) and (6), 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. A copy of the petition shall be served on the district attorney of the county in which the public body is located. (3) When a petition is filed under this section, the court shall hold a hearing. The district attorney may appear at the hearing to oppose the petition. The court has jurisdiction to or- der 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 reach- ing a decision.Any noncompliance with the order of the court may be punished as contempt ofcourt. (4) A filing fee is not required for a proceeding described in this section. 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. SECTION 8.This 2025 Act takes effect on the 91st day after the date on which the 2025 regular session of the Eighty-third Legislative Assembly adjourns sine die. [3]