ORS 181A.708
Use of chemical incapacitants, kinetic impact projectiles and sound devices
Amended by HB 4008
Effective since March 23, 2022
Relating to public safety; amending ORS 181A.708, 181A.710 and 243.812 and section 10, chapter 541, Oregon Laws 2021; and declaring an emergency.
(1)
As used in this section:(a)
“Chemical incapacitant” means the following, together or separately:(A)
Toxic chemicals and their precursors, except where intended for purposes not prohibited under this section, as long as the types and quantities are consistent with such purposes;(B)
Munitions and devices specifically designed to cause temporary pain, temporary irritation, temporary disruption of vital processes, temporary incapacitation, temporary disability or permanent harm through the toxic properties of toxic chemicals that would be released as a result of the employment of the munitions and devices; and(C)
Any equipment specifically designed for use directly in connection with the employment of munitions and devices as described in subparagraph (B) of this paragraph.(b)
“Key component of a binary or multicomponent chemical system” means the precursor that plays the most important role in determining the toxic properties of the final product and that reacts rapidly with other chemicals in a binary or multicomponent system.(c)
“Kinetic impact projectile” means all nonlethal, less-lethal or semilethal projectiles, including but not limited to rubber and plastic bullets, beanbag rounds, sponge rounds and pellet rounds.(d)
“Law enforcement agency” means the Department of State Police, the Department of Justice, a district attorney, a political subdivision of the State of Oregon, a municipal corporation of the State of Oregon and a university, that maintains a law enforcement unit as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) (12)(a)(A).(e)
“Precursor” means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system.(f)
“Toxic chemical” means any chemical that through its chemical action on biological processes can cause death, temporary pain, temporary irritation, temporary disruption of vital processes, temporary incapacitation, temporary disability or permanent harm to humans or animals.(2)
Intentionally left blank —Ed.(a)
A law enforcement agency may not use a chemical incapacitant for crowd control, except when the following requirements are satisfied:(A)
The circumstances constitute a riot, as described in ORS 166.015 (Riot); and(B)
The officer using the chemical incapacitant reasonably believes, when and to the extent the chemical incapacitant is used, that the use of the chemical incapacitant is necessary to terminate and prevent furtherance of the riotous behavior.(b)
A law enforcement agency may not use a kinetic impact projectile for crowd control or discharge a kinetic impact projectile in a manner that intentionally targets the head of a person, except against an individual engaged in conduct otherwise justifying the use of deadly physical force by a peace officer.(c)
A law enforcement agency may not use a sound device for crowd control for any purpose other than announcements. Whenever possible, a law enforcement agency shall provide announcements for purposes of crowd control both audibly and visually.(3)
When using chemical incapacitants, kinetic impact projectiles or sound devices in compliance with this section, and when it is possible to do so safely, a law enforcement agency:(a)
Shall attempt to take injured persons to safety or allow injured persons to seek medical help.(b)
May not prevent emergency medical services from reaching injured persons.(c)
Shall take reasonable action to accommodate disabilities when issuing or enforcing orders to disperse.(4)
A law enforcement agency shall inform federal law enforcement agencies of the requirements of this section. [2021 c.540 §2]
Source:
Section 181A.708 — Use of chemical incapacitants, kinetic impact projectiles and sound devices, https://www.oregonlegislature.gov/bills_laws/ors/ors181A.html.
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