(1) As used in this section:

Terms Used In Oregon Statutes 137.678

  • Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Sexual orientation: means an individual's actual or perceived heterosexuality, homosexuality or bisexuality. See Oregon Statutes 174.100

(a) ‘Bias crime’ means the commission, attempted commission or alleged commission of an offense described in ORS § 166.155 or 166.165.

(b) ‘Bias incident’ means a person‘s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin, of which criminal investigation or prosecution is impossible or inappropriate. ‘Bias incident’ does not include any incident in which probable cause of the commission of a crime is established by the investigating law enforcement officer.

(2) The Oregon Criminal Justice Commission shall review all data pertaining to bias crimes and bias incidents submitted to the commission:

(a) By district attorneys under ORS § 137.676;

(b) By the Department of State Police under ORS § 181A.225; and

(c) By the Department of Justice under ORS § 147.380.

(3) The commission shall select one or more statistical analysis methodologies, determined to be consistent with current best practices, with which to analyze the data described in subsection (2) of this section.

(4) No later than July 1, 2020, and at least annually thereafter, the commission shall report the results of the data analysis to the Governor, the Legislative Assembly, the Attorney General, the Oregon District Attorneys Association, the Department of State Police and the Department of Public Safety Standards and Training.

(5) Except as provided in subsection (7) of this section, the data described in subsection (2) of this section shall be made publicly accessible to the fullest extent possible under state and federal law.

(6) The commission may use the data described in subsection (2) of this section only for statistical purposes and not for any other purpose.

(7) Any data described in subsection (2) of this section that reveals the identity of any individual is exempt from public disclosure.

(8) The commission may adopt rules to carry out the provisions of this section. [2019 c.553 § 9]

 

137.678 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

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