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Legislative Bills Would Create New Crime of Terrorism, There are several bills before the Oregon Legislature which, if passed, would create a new crime of terrorism, so broadly defined it could include almost any act of non-violent civil disobedience. They would also eliminate Oregon's 181 laws which protect Oregon residents from spying by the police (see PPR #19) and prevent the police from acting as local INS agents. Senate Bill 742 (introduced by Sen. John Minnis R-Fairview), House Bill 2539 (Rep. Betsy Close, R-Albany), House Bill 2554 (Rep. Donna Nelson, R-McMinville), and HB 2051 (created by the Interim Judiciary Committee) are currently being considered by the Oregon Legislature. Senate Bill 742 creates a new crime of "terrorism," punishable by life in prison. It broadly includes any act, in which a person knowingly plans or participates, that is intended to disrupt the free and orderly assembly of Oregon citizens, commercial activities, transportation, or educational or governmental institutions. The Bill would also allow police to ignore the protections guaranteed by Oregon statutes ORS 181.575 and 181.850, known as "181" laws, in the investigation of an act of terrorism. Under current Oregon law, ORS 181.575 prevents police from collecting or maintaining information about the religious, political, or social views or the activities of any individual or group when that person or group is not suspected of specific criminal activity. In other words, the law prevents police from spying on groups or individuals when it does not directly relate to a criminal investigation. ORS 181.850 prevents police from targeting or arresting persons based solely on violations of federal immigration laws. The police can use INS information only if: 1) it is to verify the person's immigration status once the person has been arrested for a criminal offense which is entirely separate from the person's citizenship status, or 2) it is to assist with a criminal investigation. ORS 181.575 and 181.850 were the basis of the City of Portland's refusal to participate in U.S. Attorney General Ashcroft's attempts to question foreign individuals based solely on race in late 2001. Separate from SB 742, identical House Bills HB 2539 and HB 2554, if passed, would allow police to ignore Oregon's 181 laws if requested by a federal agency. House Bill 2051 would outright repeal ORS 181.850. On March 24, the Oregon Senate heard testimony concerning SB 742. Dozens of people packed the hearing room to oppose the bill. Senator Minnis, recognizing that SB 742 is unconstitutionally broad, is currently revising the language to try to overcome the obvious problems. The ACLU of Oregon (www.aclu-or.org or 503-227-3186), the Western Prison Project and others in the Oregon Criminal Justice Reform Coalition are working to protect Oregon's 181 laws. Portland Copwatch and our parent organization Peace and Justice Works are part of this effort. Contact the Oregon Criminal Justice Reform Coalition (ocjrc@westernprisonproject.org) about these or other criminal justice issues, and contact legislators directly (www.leg.state.or.us/findlegsltr/findset.htm [2022 note: link no longer active. New link to find your Oregon legislators is www.oregonlegislature.gov/FindYourLegislator/leg- districts.html) to voice your opinon on attempts to repeal or amend Oregon's 181 laws. [noted 2022, link no longer active] The full text of these bills can be viewed at: http://pub.das.state.or.us/LEG_BILLS/PDFs/SB742.pdf; HB2539.pdf; HB2554.pdf; and HB2051.pdf. |
May, 2003
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Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#29 Table of Contents
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