(1) As used in this section:

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(a) ‘Crowd management’ means a public security practice in which crowds are managed to prevent the outbreak of crowd crushes, affrays, fights or riots, or in which an assembly, protest or demonstration is dispersed.

(b)(A) ‘Handheld chemical incapacitant’ means the following, together or separately:

(i) Handheld munitions and devices specifically designed to cause temporary pain, temporary irritation, temporary disruption of vital processes, temporary incapacitation, temporary disability or permanent harm through the toxic properties of toxic chemicals, or their precursors, that would be released as a result of the employment of the handheld munitions and devices; and

(ii) Any equipment specifically designed for use directly in connection with the employment of handheld munitions and devices as described in sub-subparagraph (i) of this subparagraph.

(B) ‘Handheld chemical incapacitant’ does not include tear gas.

(c) ‘Key component of a binary or multicomponent chemical system’ means the precursor that plays the most important role in determining the toxic properties of the final product and that reacts rapidly with other chemicals in a binary or multicomponent system.

(d) ‘Kinetic impact projectile’ means all nonlethal, less-lethal or semilethal projectiles, including but not limited to rubber and plastic bullets, beanbag rounds, sponge rounds and pellet rounds.

(e) ‘Law enforcement agency’ means the Department of State Police, the Department of Justice, a district attorney, a political subdivision of the State of Oregon, a municipal corporation of the State of Oregon and a university, that maintains a law enforcement unit as defined in ORS § 181A.355 (12)(a)(A).

(f) ‘Precursor’ means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system.

(g) ‘Tear gas’ means oleoresin capsicum or orthochlorobenzalmalononitrile, or other similar chemicals meant to accomplish the same effect, administered by any shell, cartridge or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of the chemicals.

(h) ‘Toxic chemical’ means any chemical that through its chemical action on biological processes can cause death, temporary pain, temporary irritation, temporary disruption of vital processes, temporary incapacitation, temporary disability or permanent harm to humans or animals.

(2) A law enforcement agency may not use a handheld chemical incapacitant for crowd management.

(3) A law enforcement agency may not use tear gas for crowd management except when:

(a) The use is objectively reasonable by law enforcement to:

(A) Defend against a threat to life or serious bodily injury to any individual, including any peace officer; or

(B) Bring an objectively dangerous and unlawful situation safely and effectively under control;

(b) A commanding officer authorizes the use of tear gas;

(c) De-escalation techniques or other alternatives to force have been attempted, when reasonable, and failed; and

(d) The law enforcement agency has done the following, in the following order:

(A) Announced the agency’s intent to use tear gas;

(B) Allowed sufficient time for individuals to evacuate the area; and

(C) Announced a second time, immediately before using the tear gas, the agency’s intent to use tear gas.

(4)(a) A law enforcement agency may not use a kinetic impact projectile for crowd management.

(b) A law enforcement agency may not discharge a kinetic impact projectile in a manner that intentionally targets the head of a person, except against an individual engaged in conduct otherwise justifying the use of deadly physical force by a peace officer under ORS § 161.242.

(5) This section does not prohibit a law enforcement agency or a peace officer from using a handheld chemical incapacitant or kinetic impact projectile against an individual engaged in conduct otherwise justifying the use of physical force under ORS § 161.195 to 161.275.

(6) A law enforcement agency, when it is safe and possible to do so, shall minimize the incidental impact of the agency’s use of handheld chemical incapacitants, tear gas and kinetic impact projectiles on bystanders, medical personnel, journalists and other unintended targets.

(7) When handheld chemical incapacitants, tear gas or kinetic impact projectiles are used in a crowd by a law enforcement agency, the agency shall make efforts to notify emergency rooms in the vicinity of the type of handheld chemical incapacitants, tear gas or kinetic impact projectiles used.

(8) A law enforcement agency shall adopt policies requiring the cleanup of visible debris caused by the use of tear gas and kinetic impact projectiles within a reasonable time of the use of tear gas and kinetic impact projectiles.

(9) A law enforcement agency may not use electronically amplified noise-producing equipment for crowd management except for announcements or to facilitate movement of an emergency vehicle as allowed or required by ORS § 820.300 or any other provision of law. Whenever possible, a law enforcement agency shall provide announcements for purposes of crowd management both audibly and visually.

(10) When using handheld chemical incapacitants, tear gas, kinetic impact projectiles or electronically amplified noise-producing equipment in compliance with this section, and when it is possible to do so safely, a law enforcement agency:

(a) Shall attempt to take injured persons to safety or allow injured persons to seek medical help.

(b) May not prevent emergency medical services from reaching injured persons.

(c) Shall take reasonable action to accommodate disabilities when issuing or enforcing orders to disperse.

(11) This section does not prohibit a law enforcement agency from adopting more stringent policies than are required by this section for the use of chemical incapacitants, tear gas, kinetic impact projectiles and electronically amplified noise-producing equipment.

(12) A law enforcement agency shall inform federal law enforcement agencies of the requirements of this section. [2021 c.540 § 2; 2022 c.40 § 3]