Item 3: Ratification of IGR Actions

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HB 2400 Relating Clause: Relating to certain peace officers. Title: Directs county sheriff's departments and municipal police departments to adopt policy addressing whether members may appear in uniform while off-duty. Sponsored by: COMMITTEE ON JUDICIARY at the request of Oregon Council of Police Associations URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2400.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation S. Swenson EPD-ADM 2/2/2009 Pri 2 Yes YesV. C1 Oppose Comments: We oppose this bill, which would require that every law enforcement agency adopt a policy regarding whether its members may appear in uniform while off-duty, and require that the same policy applies to all members of the department. This bill would create a state mandate which requires that each law enforcement agency have a policy on an issue which is arguably not critical in terms of public safety, accountability, or liability. And it further mandates that a single policy on wear of the uniform apply to all members of the department, including the police chief or sheriff. Chief executives and members of upper management of police agencies have some very different responsibilities from line-level employees, including much more of a demand for public appearances which are outside the normal working hours (and which, thus, could be construed as being "off duty" under the undefined term in this bill). Having a "one- size-fits-all" policy in a non-critical area doesn't make sense, and it certainly should be the prerogative of a police chief or sheriff whether or not to adopt a policy on the wear of the uniform while off-duty and, if s/he chooses to issue one, develop one which reflects the needs of his/her department and the values of the community which the agency serves. HB 2403 Relating Clause: Relating to forfeiture. Title: Authorizes forfeiture of vehicle with hidden compartment if vehicle used or intended for use in commission of criminal offense. Provides that law enforcement agency seizing forfeited vehicle may destroy, sell or use vehicle. Sponsored by: Representative COWAN (at the request of Oregon Narcotics Enforcement Association) URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2403.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman K. McCormick EPD-ADM 2/3/2009 Pri 2 No No Support Comments: We support this bill, which would allow forfeiture of a vehicle with a hidden compartment which could be shown to have been used, or intended to be used, to commit a crime. “Hidden compartment” is defined in the bill as a compartment integrated into the vehicle, so the bill would not apply to a situation where something was hidden inside a vehicle, but where it did not involve a compartment that was part of the vehicle itself. Hidden compartments are most frequently used to hide contraband (such as significant quantities of drugs, or large sums of money obtained from criminal activities). However, they are also used to conceal weapons, and yet have them immediately available to the person if s/he wants to use them. This obviously creates a very dangerous situation for officers stopping such vehicles. (One such technique is to have a firearm hidden in the location designed for the airbag, with ready access by the driver/passenger.) 2