HB 4106
Declares that peace officers are immune from criminal and civil liability for the use of restraints or physical force during the transportation of a person subject to involuntary treatment, provided certain criteria are met.
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Support
0%
Oppose
100%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
House Bill 4106 aims to protect Oregon peace officers from criminal and civil lawsuits when they use restraints or physical force to transport individuals requiring involuntary treatment. The bill states that officers are immune from liability if they reasonably believe the force is necessary to protect the individual, themselves, or the public, and if they act in good faith without malice. This protection applies during transportations covered by specific Oregon laws related to involuntary treatment. The bill will take effect 91 days after the end of the legislative session.
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Opponents of HB 4106 express deep concerns about the proposed legislation, citing its potential to remove accountability for law enforcement's actions, particularly in cases involving individuals with serious mental illness. They argue that granting broad immunity to officers using restraints or physical force during transport would lead to unnecessary trauma and harm, disproportionately affecting marginalized communities. Many that this bill undermines constitutional rights, shifts liability onto citizens, and fails to provide alternative solutions, such as increased training for de-escalation skills and the use of mobile crisis teams. Furthermore, opponents argue that the bill prioritizes protecting law enforcement over vulnerable populations, particularly those with disabilities, and may encourage excessive force, creating a police state with unaccountable peace officers.
Source: Testimony Summaries
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