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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 491
Sponsored by Senator SMITH DB (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes police notify ICE if a person is arrested for some drug crimes. The Act
also limits pretrial release for those persons. (Flesch Readability Score: 67.7).
Directs an arresting officer to notify federal immigration authorities when a person is arrested
for delivery or manufacture of a controlled substance. Limits pretrial release for persons arrested
for delivery or manufacture of a controlled substance.
A BILL FOR AN ACT
Relating to persons arrested for drug crimes.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
(1) Notwithstanding ORS 181A.820 and 181A.822 to 181A.829, when a person
is arrested for delivery or manufacture of a controlled substance, the arresting officer shall
immediately notify federal immigration authorities.
(2) Notwithstanding ORS 135.230 to 135.290, a person arrested for delivery or manufacture
of a controlled substance is not eligible for any form of release, except as required by the
Oregon or United States Constitutions, until the notification described in subsection (1) of
this section has occurred and federal immigration authorities have confirmed that the per-
son does not need to be detained for violating federal immigration law.
(3) As used in this section, “federal immigration authorities” means agents of the United
States Immigration and Customs Enforcement, or a successor agency, who receive reports
of and investigate violations of federal immigration law.
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3512