Rep. Diego Hernandez

Provides that peace officer or corrections officer may not use force that impedes normal breathing or circulation of blood of another person by applying pressure on throat or neck except in specified circumstances. Modifies justification defenses available to peace officer who uses physical force or deadly physical force upon another person. Requires peace officer to give verbal warning, and reasonable opportunity to comply, before using physical force or deadly physical force if reasonable opportunity to do so exists. Requires peace officer to consider alternatives to physical force or deadly physical force if reasonable opportunity to do so exists. Declares emergency, effective on passage.

Restricts arbitration award from ordering disciplinary action that differs from disciplinary action imposed by law enforcement agency if arbitrator makes finding that misconduct occurred consistent with agency's finding of misconduct, and disciplinary action imposed by agency is consistent with provisions of discipline guide or discipline matrix adopted by agency as result of collective bargaining and incorporated into agency's disciplinary policies. Specifies that for purposes of collective bargaining involving sworn law enforcement officers of law enforcement agency, "employment relations" includes development of discipline guide or discipline matrix. Declares emergency, effective on passage.

Directs Department of Public Safety Standards and Training to adopt rules requiring police officer to intervene to stop another police officer from engaging in act that is unethical or that violates law, rules or policy. Directs department to adopt rules requiring police officer to report to appropriate authority when any police officer engages in act that is unethical or that violates law, rules or policy. ] Requires police officer or reserve officer to intervene to prevent or stop another officer engaged in certain misconduct, unless intervening officer cannot intervene safely. Requires police officer or reserve officer who witnesses another officer engaged in certain misconduct to report misconduct to supervisor within 72 hours after witnessing misconduct. Prohibits discrimination or retaliation against officer who intervenes or reports as required. Directs Department of Public Safety Standards and Training to report annually to appropriate committee of Legislative Assembly on rules adopted by department to implement requirements. Declares emergency, effective on passage.

Provides that peace officer may not use force that limits ability of person to breathe, including but not limited to choke holds ] impedes normal breathing or circulation of blood of another person by applying pressure on throat or neck, unless peace officer may use deadly physical force . Directs Board on Public Safety Standards and Training to adopt rules prohibiting training of police officers and reserve officers to use force that impedes normal breathing or circulation of blood of another person by applying pressure on throat or neck, except as defensive maneuver. Declares emergency, effective on passage.

Directs Department of Public Safety Standards and Training to establish statewide database of police officer discipline records. Directs department to publish online information about disciplinary proceedings against police officers. ] Directs Department of Public Safety Standards and Training to establish public statewide online database of suspensions and revocations of certifications of police officers. Directs department to submit annual report to appropriate committee of Legislative Assembly on complaints against police officers ] database . Requires law enforcement agency, before extending offer of employment to police officer applicant, to request and review personnel records of applicant from law enforcement agencies that previously employed applicant. Requires law enforcement agencies to maintain and share personnel records. Limits liability of agency that complies with requirements. Requires department to deny application for training or deny, suspend or revoke certification of police officer based upon certain findings. Declares emergency, effective on passage.

Requires law enforcement agency to notify Attorney General when police officer uses physical force resulting in death or qualifying physical injury. Requires Attorney General to appoint special investigator to lead investigation upon receipt of notification. Directs Attorney General to prosecute violations of law related to use of physical force. Directs Attorney General to release reports from investigation if criminal proceedings are not initiated. ] Establishes Joint Committee on Transparent Policing and Use of Force Reform. Directs committee to examine policies related to use of force and transparency in policing and recommend legislation to committees of Legislative Assembly related to judiciary on or before December 31, 2020. Sunsets committee on December 31, 2020. Declares emergency, effective on passage.

Prohibits law enforcement agencies from using tear gas or from using long range acoustic devices or sound cannons. ] for purposes of crowd control except in circumstances constituting riot. Requires law enforcement agency to follow certain procedure when using tear gas in circumstances constituting riot. Declares emergency, effective on passage.

Creates program for gathering and reviewing data and research regarding ground water in Umatilla Basin and creating implementation plan to improve ground water quality and obtain full or partial removal of ground water management area designation from Lower Umatilla Basin Groundwater Management Area. Requires that program include department recommendation of scientifically based rationale for removing designation in specific areas of Lower Umatilla Basin Groundwater Management Area if practicable. Requires that program include appointment of, and support for, task force. Sunsets program January 2, 2030. Appropriates moneys to State Department of Agriculture for biennium ending June 30, 2021, to carry out program activities. Declares emergency, effective on passage.

Provides that part-time faculty member at public institution of higher education who qualifies for health care benefits will pay 10 percent of insurance premiums for employee coverage. Requires state to pay for remaining costs of insurance premiums out of moneys appropriated to Oregon Educators Benefit Board. Permits institution to agree through either institution policy or collective bargaining to pay portion of health care benefits paid for by employee. Provides that employees who are eligible to receive health care benefits in manner specified may receive health care benefits from institution only in manner specified. Provides that any savings realized by institution are subject to collective bargaining. Directs board to determine prior to open enrollment period whether it has received sufficient funds to cover required premium payments. Provides that if board has not received sufficient funds, board may require employee share to increase and that institution is not responsible for paying insurance premiums. Requires legacy health benefit coverage to be maintained for part-time faculty at institutions who are not eligible for health care benefits under provisions. Establishes Part-Time Faculty Insurance Fund and continuously appropriates moneys in fund to board. Declares emergency, effective on passage.

Requires health insurance policies that have prescription drug benefit to cover cost of drugs prescribed for urgent medical conditions and cost of drugs prescribed and dispensed by pharmacists within their scope of practice, including cost of pharmacists' consultation fees associated with prescribing and dispensing drugs. Prohibits specified entities that reimburse cost of prescription drugs from requiring step therapy or prior authorization for antiretroviral drugs.