Highlights of Oregon Legislature Special Session on Police Reform and Covid-19 Impacts

July 9, 2020

Audrey Stone
Law Clerk

Gov. Kate Brown called the Oregon Legislature into a special session on June 24 to pass a series of police reform and COVID-19 regulations. Although not the sweeping overhaul promised, the legislature made some important changes. Most of the new prohibitions on officer use of force are qualified to excuse use of force in extreme circumstances. In addition, the legislature has eased laws and prohibited eviction/punishment for defaulting on loans. This is designed to help those experiencing hardship during the pandemic and lessen the impact.

Police Reform

• Establishes Joint Committee on Transparent Policing and Use of Force
• Ban of chokeholds: Peace officers may not use force that impedes normal breathing or circulation of blood unless deadly force is authorized
• Requires police officers to intervene to prevent another officer engaged in certain misconduct
• Establishes public statewide online database of suspensions and discipline measures police officers
• Prohibits use of tear gas for purposes of crowd control unless there is a riot and prior notification has been given to the protesters
• Requires arbitrators to uphold the law enforcement discipline measures

Covid-19 Measures

• Temporary ban on foreclosures: limitations on lenders from punishing those who default on loans, mortgages, trusts, and land sale contracts
• Allows Eastern Oregon Boarder Economic Development Region Board to issue grants and loans to stimulate economic development in Eastern Oregon
• Prevents driving license suspensions and restrictions when fines are not paid in light of COVID-19 emergency
• Prohibition of residential and commercial evictions if rent is not paid during COVID-19 emergency

What does this mean for you?

On the topic of police reform, police officers have stricter regulations on use of force and a higher level of accountability to both the public and other officers. Public access to disciplinary records will promote appropriate discipline and oversight. The officers also have much stricter requirements to use tear gas or chokeholds which should result in a rapid decline in use of these methods.

The new COVID-19 measures provide relief to those facing eviction, foreclosure, and license suspensions until the pandemic has eased. If you are facing economic hardship and cannot pay off a loan or your rent, these measures are an emergency stop back. They do not eliminate your duty to pay however, simply push off the consequences of failure to pay. You should expect that these will be reversed once the economy is back on its feet and the DMV reopens. While providing essential relief, they are designed to be temporary and last as long as the negative impacts of COVID-19 last.