Oregon State Legislature Archives - Owens & McBreen, P.C.

Oregon to establish rules on massive license plate data retention by law enforcement

By Richard | February 9, 2014August 10, 2014

Currently, the Portland Police Bureau collects tens of thousands of random license plate numbers every day and stores them indefinitely. Unfortunately, since the development and spread of “automatic number plate recognition,” this practice has become widespread. According to a report by the ACLU, nearly 75% of police agencies already use the technology, and 85% of police agencies said they plan to increase its use within the next five years.

In Oregon, there are currently no regulations in place regarding the use of these cameras and the retention of the data. Ideally, Oregon would follow New Hampshire’s lead and prohibit the use of automatic license plate readers. However, despite the serious privacy concerns, Oregon will instead legitimize the use of these cameras, but attempt to cure the privacy issues by limiting the government’s ability to retain the information.

This is how Oregon ended up with Senate Bill 1522, which would require the government to destroy captured license plate data within 14 days, unless a law enforcement agency makes a request based on a showing of reasonable suspicion that the information is relevant to an ongoing criminal investigation. On the bright side, this bill is still in the early stages of consideration, and the first public hearing is set for 8 a.m. on February 10, 2014. This means that there is still plenty of time to provide input to your legislators and tell them that you don’t think the government should spend your money collecting data on innocent people.

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Oregon adds PTSD to list of conditions qualifying for Oregon Medical Marijuana Program

By Richard | January 19, 2014August 10, 2014

This year, Oregon became the fourth state to recognize post traumatic stress disorder as an eligible condition for medical marijuana. Supporters of the bill said that the request for this change in the law was due to lobbying efforts by military veterans in Oregon. In fact, in the few states where PTSD is already recognized, veterans make up the majority of patients who are using marijuana to treat PTSD.

The new law took effect on January 1, 2014, and, despite fears of abuse, there have only been a small number of applications submitted so far. The bill’s sponsor, Oregon Senator Brian Boquist, says he views medical marijuana as a temporary solution until better treatments are available for PTSD. Until then, medical marijuana has been embraced as a helpful alternative to pharmaceuticals.

An estimated 7.7 million Americans suffer from post traumatic stress disorder, and one Yale professor’s recent presentation on the link between medical marijuana and PTSD has helped change attitudes towards using marijuana as an efficient medicine. Additionally, Jessica Gelay of the Drug Policy Alliance’s office in New Mexico has said that “military veterans and victims of serious trauma and violence deserve the freedom to choose the safest treatment for their disabling conditions. They deserve access to the medicine that works for them.”

Even the Department of Veterans Affairs has recognized its efficacy, and has authorized the use of medical marijuana for its patients where it is legal. No matter what happens as the issue of legalization takes center stage nationally, it is good to see that those who are suffering from PTSD will have a safer and more effective choice for treatment.

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Oregon to begin requiring mugshot websites to remove records of individuals following acquittal, dismissal, or expunction

By Richard | November 17, 2013August 10, 2014

Beginning in January 2014, it will be an unlawful trade practice in Oregon for website owners to fail to remove an individual’s mugshot and accompanying information if the arrest eventually resulted in an acquittal or dismissal of the charges, or following an expunction of the conviction. The new law also requires the website owners do this at no cost once they receive a written request by any person that meets the criteria.

“Mugshot websites” – the type that simply pull data from public arrest records and collect and display mugshots of every individual in a certain city or county – have come under national scrutiny recently following an article by the New York Times. The article, along with countless others, has drawn attention to a serious problem that is unfortunately not unique to Oregon. In short, a person who gets arrested may find themselves on these websites, even long after the charge is dismissed. Furthermore, when they try to remove the mugshot, they are asked to pay fees to have the information removed. And even worse, paying fees to these websites does not always guarantee the information will be removed.

Georgia has passed a similar law, and even Google has lent a hand by changing its search algorithm to keep mugshot websites results from displaying in the top results. HB 3467 is no doubt just the beginning, but it is a good start to ensure that those who have been wrongfully arrested, otherwise acquitted, or have had their records expunged will not have the added worry of popping up in search results when a prospective employer Google’s their name.

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Oregon expands availability of DUII Diversion program

By Richard | June 17, 2013August 11, 2014

Last month, the Governor signed HB 2773, allowing people who have participated in a treatment program related to the charges of “minor in possession” or “possession of less than one ounce of marijuana” to later still be eligible for DUII diversion if they would otherwise qualify.

This bill passed with overwhelming support in the legislature and amends the current statute that sets forth the eligibility requirements for Oregon’s DUII diversion program, specifically allowing those who have formerly participated in certain treatment programs to still petition the court to enter the DUII diversion program.

As a criminal defense attorney in Portland, I have faced the situation where a client has been considered ineligible for the DUII diversion program because they had previously participated in a treatment program for possession of marijuana several years prior. This bill was a much-needed fix to an unfair and irrational rule, and this is great news for everyone who wishes to expand treatment options for those who are charged with driving under the influence.

The new law takes effect on January 1, 2014 and will apply to any petition for the DUII diversion program filed on or after the effective date.

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Oregon lawmakers seek to expand definition of “driving under the influence”

By Richard | February 17, 2013August 11, 2014

Oregon law prohibits a person from driving a vehicle if they are under the influence of “alcohol, a controlled substance, or an inhalant,” or any combination of the three. However, House Bill 2115 would change that, expanding the definition of driving under the influence to include “any other drug.”

The word “drug” would have the meaning set forth under ORS 475.005(13). The definition includes any substance “intended to affect the structure or any function of the body,” and the only specific exclusion under this definition is food. Proponents of the bill argue that the intention is to cover misuse of prescription drugs as well as synthetic drugs. However, adopting such a broad definition has the potential to invite abuse.

Nicotine and caffeine are two common, popular, and legal drugs, and if either substance were to impair a person to a perceptible degree, this person could be arrested for a DUII under this new definition. I would also suspect antihistamines, ibuprofen, and other over the counter medicines or supplements are covered as well.

HB 2115 does address a serious issue, but it does not go about fixing the problem in a thoughtful way. Rather, legislators have taken the lazy approach and used language that puts all the power into the hands of police and prosecutors. Oregon will definitely see a rise in DUII arrests as a result of this new law, and if it passes, you may want to think twice about telling a police officer that is pulling you over that you had a little too much coffee this morning.

*Contact your legislator and tell them how you feel about House Bill 2115! Find out who your legislator is here: http://www.leg.state.or.us/findlegsltr/

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Medical Marijuana Program under fire in Oregon

By Richard | April 29, 2012August 11, 2014

Editor’s Note: This post was originally published on June 8, 2011. Due to a technical error, the original links have been disabled. We apologize for the inconvenience.

As the legislative session is coming to an end, Oregon lawmakers are considerin House Bill 3664, which would add several new restrictions to Oregon’s Medical Marijuana Act (OMMA). A public hearing on the bill in May was well attended by law enforcement and medical marijuana patients and activists.

To summarize, the bill would require licensed growers and caregivers to be at least 21 years of age, and there would be more stringent restrictions on medical marijuana patients under the age of 18. The bill also increases registration fees for grow sites and would require patients to be Oregon residents. Medical marijuana supporters also objected to terms that would require a doctor to find “therapeutic value” in prescribing marijuana; they argue that the standard may be too loosely worded and impossible to meet for some patients that use marijuana to mitigate their symptoms. Perhaps most concerning though is that some of the bill’s provisions require national background checks and also require a list of grow sites to be published to the Oregon State Police several times a year.

If HB 3664 wasn’t enough, on June 3, United States Attorney for the District of Oregon, Dwight Holton, joined by a majority of the state’s District Attorneys, issued a warning to those seeking to establish marijuana dispensaries within the state. Though their legal analysis seems rather cursory, the message is clear: if you open a dispensary in Oregon, expect state and federal authorities to be involved.

Regardless of whether HB 3664 becomes law, it appears as though law enforcement is looking to crack down on the nearly 40,000 patients and 25,000 registered growers in the state. Our firm has represented several clients who are OMMP cardholders in a variety of situations, and if you are already a grower or are planning to become one, it is important to be sure you are aware of your rights and the most recent changes in the law. As state and federal prosecutors lobby to tighten regulations, a skilled attorney becomes even more valuable to the program’s participants.

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Minors convicted of prostitution given right to expungement without delay

By Richard | April 10, 2012August 11, 2014

Editor’s Note: This post was originally published on February 24, 2012. Due to a technical error, the original links have been disabled. We apologize for the inconvenience.

House Bill 4146 passed the Oregon Senate yesterday and is now awaiting the Governor’s signature. This law removes the current five-year waiting period for expungement, which means that any person under 18 years of age charged or convicted of prostitution will be able to immediately clear their record.

As a criminal defense attorney in Portland, I have seen the problems a criminal conviction can create for someone looking to find a job or rent an apartment. HB 4146 rightfully acknowledges that minors engaged in prostitution are victims of a larger criminal effort, and this is a helpful piece of legislation that is going to allow these victims to clear their criminal record and go on to have a better life. Not only will those charged and convicted in the future be allowed immediate relief, those who have already been convicted and are waiting for the five-year time period to run will also be permitted to expunge their conviction without any further delay.

This law takes effect immediately upon being signed by the Governor. This means that if you or someone you know is able to take advantage of this new law, you should contact a criminal defense lawyer to file the expungement as soon as possible.

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