Item 8 - Ratif.of IGR Actions - Laserfiche WebLink

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Eugene Police Department 777 Pearl St, Room 107 Eugene, Oregon 97401 MEMORANDUM www. ci.eugene.or, us Date: March 1, 2005 To: Mayor Piercy and City Council From: Robert M. Lehner, Chief of Police 682-5102 Subject: HB 2390 The IGR Committee, at its February 11 meeting, requested some examples as to how HB 2390 might be applied if it were enacted. Specifically, they were interested in some examples of crimes (which would be covered by the bill) as opposed to violations (which would not be covered). This memo is intended to provide that information. HB 2390 would create the offense of refusal to identify if, "after having been specifically informed by a peace officer that the person's identity is being requested in connection with the investigation of a crime, the person refuses or fails to accurately report the person's identity in response to the officer's demand." The term "identity" is defined as the person's true name and date of birth. Contrary to most criminal statutes, this bill specifies that a person arrested for this offense "may be detained only for the time reasonably necessary to investigate and establish the person's identity." This portion of the bill is patterned after ORS 807.570, which creates the crime of failure to carry or present a driver's license, but restricts the length of detention to the time "reasonably necessary to investigate and verify the person's identity." The ability to accurately identify persons who may have information relevant to a criminal investigation is very important, both in terms of gaining the information needed to successfully complete the investigation, and to make sure that investigating officers have the true names and dates of birth (a critical identifier) of those who may be witnesses or suspects. A thorough investigation serves the public interest by ensuring that people breaking the law are held accountable for their actions and ensuring that innocent members of the community are protected. For these reasons, we feel passage of the bill would aid our ability to conduct investigations in some of the situations that we encounter. This bill restricts the applicability of this proposed offense of refusal to identify to the investigation of a "crime", which is defined in ORS 161.515 as a misdemeanor or felony for which a sentence of imprisonment is authorized (i.e., incarceration in either jail or prison). Most offenses which are crimes under state law, and for which a municipal ordinance has been adopted, would be crimes under city ordinance as well (e.g., theft, shoplifting, assault, trespass, criminal mischief, weapons offenses, menacing, intimidation). The majority of motor vehicle violations are not crimes, and this bill would apply only those more serious offenses for which a person could be sentenced to a period of incarceration (e.g., DUll, reckless driving, hit and run). Many other city ordinance violations are not crimes. Attached is a list of city ordinance violations which are crimes under the city code.