Criminal Justice

Creates the crime of aggravated felon in possession of a firearm when a person who has been convicted of a felony possesses three or more firearms or has certain prior convictions. Punishes by a maximum of 10 years' imprisonment, $250,000 fine, or both.

Establishes the Behavioral Health and Deflection Committee within the Oregon Criminal Justice Commission. Directs the committee to administer grant programs for Behavioral Health Resource Networks and deflection programs. Transfers the duties of the Oversight and Accountability Council to the committee.

Modifies provisions relating to petitions for compensation for wrongful conviction. Creates a new post-conviction relief petition process when a person has a conviction that is based on scientific expert testimony, scientific expert evidence or scientific expert opinion derived from specified discredited forensic science disciplines. Sunsets the new petition process on January 2, 2031. Declares an emergency, effective on passage.

Requires law enforcement agencies to require officers to wear uniforms with specified identifying information. Specifies exceptions. Requires law enforcement agencies to enact policies prohibiting the wearing of facial coverings by officers except in specified circumstances. Prohibits the wearing of facial coverings by law enforcement officers except in specified circumstances. Prohibits employees of state and local law enforcement agencies and other public bodies in this state from participating in certain actions. Directs state and local law enforcement agencies and other public bodies to enact policies prohibiting engagement in certain actions. Provides that volunteers in a civil defense force are agents of a public body for purposes of the Oregon Tort Claims Act. Allows a person harmed by violations of certain provisions to seek an injunction. Declares an emergency, effective on passage.

] [ Expands the crime of aggravated harassment to include threats concerning public officials in specified circumstances. Punishes by a maximum of five years' imprisonment, a fine of up to $125,000, or both. ] Provides that standing pretrial release orders do not affect the authority of a magistrate to consider the primary and secondary release criteria when making a release decision. Restricts law enforcement agencies' use of automated license plate recognition systems except for specified authorized uses. Limits retention of captured license plate data to no more than 30 days unless the captured license plate data is related to an ongoing criminal investigation or court proceeding. Requires law enforcement agencies to adopt policies for ALPR vendor contracts and the use of ALPRs and captured license plate data. Limits sharing of captured license plate data with non-Oregon law enforcement agencies. Prohibits ALPR vendors from accessing, selling or disclosing captured license plate data. Provides exemptions. Authorizes the imposition of civil penalties for intentional or grossly negligent violations. Authorizes civil actions for violations. Removes the named administrator of and technical assistance provider for the Justice Reinvestment Equity Program and requires the Oregon Criminal Justice Commission to select a technical assistance provider according to specified criteria. Declares an emergency, effective on passage.

Allows a person who has been deprived of rights, privileges or immunities secured by the Oregon Constitution or the laws of this state by a person acting under color of law to bring a civil action for economic and noneconomic damages and for injunctive or other equitable relief. Provides for the award of attorney fees and costs to a prevailing plaintiff, or to a prevailing defendant if the court finds that a plaintiff's claim was frivolous, unreasonable or without foundation. Takes effect on the 91st day following adjournment sine die.

Directs [ law enforcement ] specified investigators of deaths of decedents , prior to making any findings as to the cause or manner of death where the decedent is suspected to have died from suicide, [ overdose or ] accident or other undetermined cause , to review documented evidence of abuse and interview family members of the decedent if the decedent has a history as a victim of domestic violence or child abuse and certain conditions exist. [ Requires law enforcement to submit a written request to the district medical examiner for the performance of an autopsy if a reasonable basis exists that the death of the decedent may be the result of domestic violence or child abuse. ] [ Directs a medical examiner or district attorney to order the performance of an autopsy in certain circumstances. ] Directs the law enforcement officer or district medical examiner to request further post-mortem examination of the decedent if a reasonable basis exists to suspect the death is a homicide due to domestic violence or child abuse. Directs the Chief Medical Examiner to engage in collaborative consultation regarding appropriate actions to take. Prohibits the release of the body of the decedent until the consultation has occurred and recommended actions have been completed. Authorizes appropriate post-mortem assessments. Provides that certain individuals may examine and obtain copies of evidence generated during an autopsy or investigation of death. Requires law enforcement to provide notice of rights to certain members of the decedent's family upon opening an investigation of a death that is suspected to have been caused by suicide[ , overdose or accident ] or occurred under suspicious circumstances .

Expands the crime of aggravated harassment to include threats concerning public officials in specified circumstances. Punishes by a maximum of five years' imprisonment, a fine of up to $125,000, or both. Declares an emergency, effective on passage.

Increases the penalties for the crime of initiating a false report when [ the report ] a person intentionally causes an enhanced law enforcement response [ that results in ] and recklessly causes serious physical injury or death as a result of the response . Punishes by a maximum of five years' imprisonment, $125,000 fine, or both.