justicedao/ipfs_state_laws huggingface dataset:
257-015-0000 Purpose of Rules Rules adopted herein prescribe the policies and procedures for operation and use of the Oregon Law Enforcement Data System (LEDS). Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 12-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 1-1995, f. & cert. ef. 8-15-95
257-015-0010 Authority (1) The Law Enforcement Data System (LEDS) was established by act of the 1969 Oregon Legislature (ORS 181.710) which authorized the state Executive Department to develop and operate a police information network. In 1973, the term “Police Information Network” was amended to read “Law Enforcement Data System.” Senate Bill 1044 in the 1993 legislative session transferred LEDS to the Department of Oregon State Police (ORS 181A.280). (2) The Law Enforcement Data System is a program organized within the Intergovernmental Services Bureau of the Department of Oregon State Police. It provides a criminal justice telecommunications and information system for the State of Oregon, and is the control point for access to similar programs operated by other states and the Federal Government. Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 13-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 1-1995, f. & cert. ef. 8-15-95
257-015-0040 LEDS Responsibilities The general responsibilities of the Law Enforcement Data System program are as follows: (1) Develop and operate a computerized criminal justice telecommunications and information system providing message switching and record storage and retrieval capabilities. (2) Provide a level of training adequate to enable effective use of LEDS and associated systems. (3) Function as the NCIC Control Terminal Agency and the NLETS Control Terminal Agency for the State of Oregon. (4) Assist and train criminal justice agencies in the development of information from LEDS and associated systems for use in criminal investigations. (5) Develop and maintain linkages with the Driver and Motor Vehicle Services Branch (DMV), the State Marine Board, the Public Utility Commission, and other non-criminal justice agencies to make appropriate information available to Oregon criminal justice agencies to assist in the enforcement of state criminal and traffic laws and regulations. (6) Provide staff support to the Law Enforcement Data System Advisory Committee. (7) Develop and operate the State Uniform Crime Reporting Program to collect crime statistics information from local and state law enforcement agencies; provide information to the public, the Governor, the Legislature, contributing agencies, and others who have a responsibility for the prevention or reduction of crime. (8) Provide monthly and annual Oregon crime statistics information to the Federal Bureau of Investigation to satisfy national uniform crime reporting program requirements. (9) Operate a program of record validation, quality control, and audits to ensure that records entered into LEDS and NCIC files by user agencies are kept accurate and complete and that compliance with state and national standards is maintained. (10) Provide assistance and information access to non-criminal justice user agencies for statutory licensing, employment and regulatory purposes and for other purposes authorized by law. Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 16-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 2-1998, f. & cert. ef. 10-6-98 OSP 1-1995, f. & cert. ef. 8-15-95
257-015-0070 System Security and Privacy The data stored in the LEDS, NCIC, and other criminal justice information system files is documented criminal justice information. This information must be protected to ensure its integrity and its correct, legal and efficient storage, dissemination and use. It is incumbent upon and agency operating a LEDS terminal, or a terminal on another system which has access to the LEDS network, to implement the procedures necessary to make the terminal secure from any unauthorized use. All agency personnel authorized to access the LEDS network must be instructed in the proper use and dissemination of the information. Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 19-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 1-1995, f. & cert. ef. 8-15-95
257-015-0080 Criteria for Terminal Access to LEDS LEDS uses the following criteria to determine if an agency qualifies for placement of a LEDS terminal, or for access via a terminal on another system which has access to the LEDS network. Questions about whether an agency meets one of these criteria or whether LEDS access is appropriate will be resolved by the Criminal Justice Information Services (CJIS) Division Director, their designee or the Oregon State Police CJIS Systems Officer (CSO). (1) The agency is a criminal justice agency as defined in OAR 257-015-0030(5); or (2) The agency is a service agency which provides computer services, dispatching support, or other direct support service to one or more criminal justice agencies, and which has signed a management control agreement with a criminal justice agency; or (3) The agency is a non-criminal justice agency with a statutory requirement to use information or capabilities which may be available via LEDS, and use of a terminal by the agency will not adversely affect criminal justice agency users, and use of the terminal will be for a criminal justice purpose as defined in OAR 257-015-0030(6); or (4) The agency is a non-criminal justice agency which provides information or capabilities needed by criminal justice agencies for a criminal justice purpose, and use of a terminal will improve the ability to provide such information or capabilities; or (5) The agency is a non-criminal justice agency with statutory requirement to use information or capabilities which may be available via LEDS, and use of a terminal by the agency will not adversely affect criminal justice agency users, and use of the terminal will be for the specific non-criminal justice purpose(s) for which the agency is authorized access to the information or capabilities available via LEDS, and the agency has been approved for terminal access by the Criminal Justice Information Services (CJIS) Division Director, their designee or the Oregon State Police CJIS Systems Officer (CSO). Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 2-2025, amend filed 03/31/2025, effective 04/01/2025 OSP 20-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 2-1998, f. & cert. ef. 10-6-98 OSP 1-1995, f. & cert. ef. 8-15-95
257-015-0090 Criteria for Revocation of Terminal or Informational Access to LEDS The authorization of any agency to access the LEDS network or associated systems or to retain access is subject to revocation or cancellation by LEDS on the following grounds: (1) Violation by the agency or a by a member of the agency of any state statute, administrative rule, or policy pertaining to the use of LEDS or associated systems. (2) Violation of the security of the LEDS system. (3) Accessing, retrieving or using information from or through the LEDS system for non-official or unauthorized purposes. Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 21-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 1-1995, f. & cert. ef. 8-15-95
257-015-0100 Criteria for Computer Access to the LEDS Network (1) A local or state government computer center may be given direct access to the LEDS network if the agency operating the computer is a criminal justice agency. If the agency operating the computer is not a criminal justice agency, then there must be a current management control agreement in effect between the computer center management and one of the criminal justice agencies served by the computer center. (2) The criteria for allowing terminal access to LEDS are described in OAR 257-015-0080. A local or state computer system connected to LEDS may allow such access after giving written notification to the LEDS Director, including the identification of the agency requesting access, the terminal identifier, and other information needed by LEDS to ensure proper authorization. Statutory/Other Authority: ORS 181A.280(3) Statutes/Other Implemented: ORS 181A.280 History: OSP 22-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 2-1998, f. & cert. ef. 10-6-98 OSP 1-1995, f. & cert. ef. 8-15-95
257-020-0010 Public Records Access and Fees (1) The Department of State Police may require any request for public records be made in writing. (2) The Department may charge fees to cover its reasonable costs in responding to requests for public records: (a) The Department will establish a schedule of fees. The schedule may be amended from time to time to reflect changes in the actual costs incurred by the Department. The fee schedule is available to any person from the Department without charge. (b) The Department may prepare an estimate of the cost of responding to any request for public records, and the Department shall prepare an estimate when requested by the person making the request for records. (c) The Department may require payment of all or a portion of estimated costs prior to making the requested records available. (d) The Department at its discretion may waive fees. Statutory/Other Authority: ORS 181A.235 & ORS 192 Statutes/Other Implemented: ORS 192 History: OSP 23-2019, minor correction filed 01/03/2019, effective 01/03/2019 OSP 2-2002, f. 4-4-02, cert. ef. 4-5-02
257-025-0000 Statement of Purpose The purpose of these rules is to implement and interpret ORS Chapters 801 and 813 with regard to field sobriety tests. The Department of State Police is empowered to make rules interpreting and implementing the described statutes. It is intended by these rules to standardize field sobriety tests throughout the state. Statutory/Other Authority: ORS 801.272 Statutes/Other Implemented: ORS 801.272 & 813.135 History: OSP 2-1997, f. & cert. ef. 5-22-97 OSP 5-1996(Temp), f. & cert. ef. 12-20-96 OSP 4-1996, f. & cert. ef. 7-16-96 OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90
257-025-0005 General Requirements of ORS 801.272 ORS 801.272 generally provides that the Oregon State Police approve by rule, after consultation with the Board on Public Safety Standards and Training (BPSST), physical and/or mental tests that enable a police officer or trier of fact to screen for or detect evidence of physical condition that indicates probable impairment from intoxicating liquor, a controlled substance or a combination of intoxicating liquor and controlled substance. Tests meeting the requirements of ORS 801.272 are defined as field sobriety tests and are listed and described in OAR 257-025-0012 and 257-025-0020. Statutory/Other Authority: ORS 801.272 Statutes/Other Implemented: ORS 801.272 History: OSP 4-1996, f. & cert. ef. 7-16-96 OSP 4-1992, f. & cert. ef. 12-16-92 OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90
257-025-0010 Acts, Signs, and Symptoms of Intoxicant Impairment The following acts, signs or symptoms are, typically, present in circumstances of intoxicant impairment. They are not field sobriety tests. A police officer may testify to their presence at any proceeding, criminal or civil, resulting from a DUII (driving under the influence of intoxicants) arrest. These acts, signs and symptoms include, but are not limited to: (1) Difficulty in walking or unusual walking. (2) Difficulty standing. (3) Difficulty following directions. (4) Odor of alcoholic beverage on the breath. (5) Flushed or pale appearance. (6) Speech difficulties or unusual speech patterns. (7) Disorderly or unusual conduct or demeanor. (8) Lack of muscular coordination or muscular tremors. (9) Evidence of mental disturbance. (10) Visual disorders or difficulties. (11) Sleepiness or drowsiness. (12) Dizziness. (13) Nausea or vomiting. (14) Mood swings. (15) Difficultly with divided attention. (16) Bloodshot and/or watery and/or glassy eyes. Statutory/Other Authority: ORS 801.272 Statutes/Other Implemented: ORS 801.272 History: OSP 2-1997, f. & cert. ef. 5-22-97 OSP 5-1996(Temp), f. & cert. ef. 12-20-96 OSP 4-1996, f. & cert. ef. 7-16-96 OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90
257-025-0012 Approved Field Sobriety Tests (1) The following “field sobriety tests,” as that phrase is defined by ORS. 801.272, are approved by the Department of State Police, after consultation with the Board on Public Safety Standards and Training (BPSST), for use by sworn police officers: (a) Horizontal Gaze Nystagmus (HGN); (b) Walk and turn test; (c) One Leg Stand; (d) Modified Finger to Nose Test; (e) Finger Count; (f) Alphabet; (g) Counting; (h) Internal Clock; (i) Romberg Balance Test. (2) The following additional approved tests may be performed by police officers who have completed the 8-hour “Drugs That Impair Driving” curriculum: (a) Lack of Convergence Test; (b) Pupil Size Estimation; (c) Pulse Rate Examination. (3) Officers trained and approved by the Oregon State Police as a Drug Recognition Expert (DRE) may utilize any of the above listed tests plus the following approved tests which are only included in the DRE training. Tests which may be utilized upon successful completion of the 72-hours of DRE training include: (a) Physical examination tests including the following: the person’s vital signs (pulse, temperature and blood pressure); the person’s psychophysical responses (coordination of mind and body); signs of administration of drugs (injection sites, etc.); eye responses (horizontal/vertical gaze nystagmus, eye convergence, pupil size under varying light intensities); and physical and behavioral characteristics (muscle rigidity or flaccidity, hyperactivity, etc.). (4) These rules are necessary for the implementation of ORS 801.272. No stop, arrest, civil or criminal proceeding commenced prior to the effective date of these rules is affected by the requirements of these rules. Statutory/Other Authority: ORS 801.272 Statutes/Other Implemented: ORS 801.272 History: OSP 2-1997, f. & cert. ef. 5-22-97 OSP 5-1996(Temp), f. & cert. ef. 12-20-96 OSP 4-1996, f. & cert. ef. 7-16-96
257-025-0025 Effective Date These rules take effect upon filing. Statutory/Other Authority: ORS 801.272 Statutes/Other Implemented: ORS 801.272 History: OSP 2-1997, f. & cert. ef. 5-22-97 OSP 5-1996(Temp), f. & cert. ef. 12-20-96 OSP 4-1996, f. & cert. ef. 7-16-96 OSP 5-1989, f. 12-27-89, cert. ef. 1-15-90
257-030-0040 Criteria for Approval of Breath Testing Equipment Any instrument or equipment to be used for the testing of a person’s breath to determine the alcohol content of the blood may be approved by the Oregon State Police if one or more of the following criteria are met: (1) Submission by the manufacturer or distributor of the instrument of at least two reports of studies correlating blood analysis and breath tests performed with this instrument, conducted by two separate laboratories of governmental health or law enforcement agencies, or independent organizations, financially unrelated to the manufacturer or distributor of such instruments. (2) Provision of a production model of the instrument by the manufacturer or distributor to the Oregon State Police for a sufficient period of time to allow Oregon State Police technician(s) to conduct sufficient investigation and laboratory tests to adequately ascertain accuracy and reproducibility of the breath testing equipment. (3) Those instruments which have been found by the National Highway Traffic Safety Administration to conform to the model specifications for evidential breath testing devices, and which are listed on the Conforming Products List in the Federal Register. (4) Subsequent series of above instruments, so long as the subsequent changes and series do not diminish the instrument’s ability to accurately determine blood alcohol content. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183.335 & 813 Statutes/Other Implemented: ORS 813.160 History: OSP 1-1996, f. & cert. ef. 3-22-96 OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93 OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92
257-030-0050 Definitions As used in these rules, “Chemical Test” and “Chemical Analysis” both mean a quantitative analysis for alcohol by means of direct or indirect measurement of physicochemical technique performed on a sample of breath. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92
257-030-0060 Approved Breath Testing Equipment The following breath testing equipment is approved under OAR 257-030-0040 for performing chemical analysis of a person’s breath: The Intoxilyzer 5000: (1) Reports of correlation studies furnished by the manufacturer(s) are maintained by the Oregon State Police. (2) Correlation studies performed with the Intoxilyzer 5000 by Oregon State Police technician(s) are incorporated as Appendix 1: Studies Performed with the Intoxilyzer® 5000. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 3-2006, f. & cert. ef. 11-22-06 OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06 OSP 2-1996, f. & cert. ef. 3-22-96 OSP 3-1993, f. & cert. ef. 11-8-93 OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93 OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92
257-030-0080 Qualifications of Breath Test Equipment Operators (1) No individual shall operate approved breath testing equipment to determine the alcoholic content of the blood of a person in accordance with the provisions of ORS 813.160 unless that individual has been issued a permit to operate such equipment by the Oregon State Police. (2) To qualify for training and to obtain a permit for the operation of approved breath testing equipment, an individual must be a police officer as defined in ORS 801.395 or a trained technician of the Oregon State Police. The term police officer includes reserve police officer. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 1-1996, f. & cert. ef. 3-22-96 OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93 OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92
257-030-0090 Training for Operators of Breath Test Equipment (1) The Oregon State Police, or instructors approved by the Oregon State Police will provide a course of instruction as provided in ORS 813.160. (2) Upon completion of the course of instruction, a written examination will be given and a passing grade of 80 percent or above will be required. Each officer or technician obtaining a passing grade will be issued a permit by the Oregon State Police stating the method and equipment the officer or technician is qualified to operate. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93 OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92
257-030-0100 Certification of Accuracy of Breath Test Equipment A trained technician of the Oregon State Police will conduct an accuracy test of approved breath testing equipment and shall certify the accuracy of the equipment if accuracy test performance is within a range of 0.010 high to 0.020 low of the expected value. The testing can be performed by either an on site test, or by remote testing via telephone modem utilizing a computer. The computerized testing will utilize a security system to ensure the integrity of the scientific testing of the breath test equipment. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 1-1996, f. & cert. ef. 3-22-96 OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93 OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92
257-030-0105 Definitions; Severability (1) As used in these rules, “Chemical Test” and “Chemical Analysis” of a person’s breath both mean the quantitative analysis for alcohol by means of direct or indirect measurement of physicochemical technique. Two valid breath samples, provided within a single testing sequence and culminating in a printed report with a completed test result shall constitute a “Chemical Test” of a person’s breath. (2) A “valid breath sample” means a sample of a person’s breath provided in such a manner to be acceptable for analysis by the instrument. (3) Severability: If any part or provision of OAR 257-030-0105 to 257-030-0170 or the application thereof is held invalid, the remaining part(s) or provision(s) shall remain in full force and effect. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 3-2006, f. & cert. ef. 11-22-06 OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06
257-030-0110 Criteria for Approval of Breath Testing Equipment Any instrument or equipment to be used for the testing of a person’s breath to determine the alcohol content of the blood may be approved by the Oregon State Police if one or more of the following criteria are met: (1) Submission by the manufacturer or distributor of the instrument of at least two reports of studies correlating blood analysis and breath tests performed with this instrument, conducted by two separate laboratories of governmental health or law enforcement agencies, or independent organizations, financially unrelated to the manufacturer or distributor of such instruments. (2) Provision of a production model of the instrument by the manufacturer or distributor to the Oregon State Police for a sufficient period of time to allow Oregon State Police technician(s) to conduct sufficient investigation and laboratory tests to adequately ascertain accuracy and reproducibility of the breath testing equipment. (3) Those instruments which have been found by the National Highway Traffic Safety Administration to conform to the model specifications for evidential breath testing devices, and which are listed on the Conforming Products List in the Federal Register. (4) Subsequent series of above instruments, so long as the subsequent changes and series do not diminish the instrument’s ability to accurately determine blood alcohol content. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 3-2006, f. & cert. ef. 11-22-06 OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06
257-030-0120 Approved Breath Testing Equipment The following breath testing equipment is approved under OAR 257-030-0110 for performing chemical analysis of a person’s breath: The Intoxilyzer 8000: Correlation studies performed with the Intoxilyzer 8000 by Oregon State Police technician(s) are incorporated as Appendix 2: Studies Performed with the Intoxilyzer® 8000. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 3-2006, f. & cert. ef. 11-22-06 OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06
257-030-0140 Determining Agreement of Breath Samples Within a Testing Sequence Agreement between two valid breath samples within a testing sequence is established when the subject sample measurements agree within plus or minus ten percent of their mean, inclusive of the upper and lower bounds of the range. If the instrument establishes agreement, the lower breath sample measurement shall be truncated to two decimal places and reported as the chemical test result. If the subject sample measurements do not agree, the instrument will abort the testing sequence and display “Sample Correlation Failure”. Statutory/Other Authority: ORS 183.335 & 813.160 Statutes/Other Implemented: ORS 813.160 History: OSP 3-2006, f. & cert. ef. 11-22-06 OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06