Use-of-Force Continuum: Oregon Statutory Definitions
Training
Citation
First enacted and effective 1971 (c.743 §27)
Summary and Notes
General use of physical force in making an arrest or in preventing an escape.
Relevant Excerpt
Except as provided in ORS § 161.239, a peace officer is justified in using physical force upon another person only when and to the extent that the peace officer reasonably believes it necessary: (1) to make an arrest or to prevent the escape from custody of an arrested person unless the peace officer knows that the arrest is unlawful; or (2) for self-defense or to defend a third person from what the peace officer reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest or while preventing or attempting to prevent an escape.
First enacted and effective 1971 (c.743 §28)
General use of physical force in making an arrest or in preventing an escape.
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Notwithstanding the provisions of ORS § 161.235, a peace officer may use deadly physical force only when the peace officer reasonably believes that: (a) the crime committed by the person was a felony or an attempt to commit a felony involving the use or threatened imminent use of physical force against a person; (b) the crime committed by the person was kidnapping, arson, escape in the first degree, burglary in the first degree or any attempt to commit such a crime; (c) regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force; (d) the crime committed by the person was a felony or an attempt to commit a felony and under the totality of the circumstances existing at the time and place, the use of such force is necessary; or (e) the officer’s life or personal safety is endangered in the particular circumstances involved.
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Nothing in subsection (1) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody.
Oregon Revised Statutes ("ORS") § 181A.780
First enacted and effective 2007 (c.842 §2)
Creation of local planning authority to design plan that addresses use of deadly physical force.
Below are a few example policies from Oregon counties in response to the legislation. Almost all of these policies contemplate instituting procedures at the law enforcement level that account for when to use deadly force and training police officers on the use of force. Examples of training include firearms training and shooting scenarios and seminars, briefings and written materials related to defensive tactics, tactical shooting, use of force in making an arrest and use of non-lethal force. These policies also note that law enforcement agencies must engage community members in conversations regarding these policies and procedures.
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(1) There is created in each county a deadly physical force planning authority consisting of members listed in the statute. . . .
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(4) The planning authority shall develop a plan consisting of the following: (a) an element dealing with education, outreach and training regarding the use of deadly physical force for police officers, attorneys employed by state or local government within the county and members of the community; (b) an element dealing with the immediate aftermath of an incident in which a police officer used deadly physical force; (c) an element dealing with the investigation of an incident in which a police officer used deadly physical force; (d) an element dealing with the exercise of district attorney discretion to resolve issues of potential criminal responsibility resulting from a police officer’s use of deadly physical force; (e) an element dealing with collecting information regarding a police officer’s use of deadly physical force, debriefing after an incident in which a police officer used deadly physical force and revising a plan developed under this subsection based on experience; and (f) an estimate of the fiscal impact on the law enforcement agencies to which the plan applies of each element described in paragraphs (a) to (e) of this subsection. Nothing in subsection (1) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody.
First enacted and effective 2007 (c.842 §5)
Law enforcement agencies' development of a policy relating to use of deadly physical force.
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(2) A law enforcement agency shall adopt a policy dealing with the use of deadly physical force by its police officers. At a minimum, the policy must include guidelines for the use of deadly physical force.