This article was updated to clarify the legal status of those protected from automatic deportation under the bill.

A bill designed to tackle racial profiling by law enforcement and keep drug addicts out of jail passed by bipartisan vote Thursday in the Oregon Senate and heads to Gov. Kate Brown for her expected signature.

House Bill 2355 was carried by Sen. Jackie Winters, R-Salem, and passed 20-9. The House passed the bill Wednesday, 36 to 23.

House Speaker Tina Kotek, who carried the bill, said knowing more about the problem is the first step toward fighting racial profiling.

"Over the past few years, the Legislature has worked very hard to improve balance and fairness in our criminal justice system," she said. "We've been working hard to address racial and economic barriers in our legal system and here is another chance to do that."

The bill requires law enforcement agencies to collect and submit data on the age, race, ethnicity and sex of a person contacted during a traffic or pedestrian stop. The bill would also mandate that the Oregon Criminal Justice Commission and later, the Department of Public Safety Standards and Training, review the data by July 2020 and provide advice and assistance to agencies struggling with profiling.

Proposed bill in Oregon legislature tackles police profiling, drug sentencing

Only one-third of law enforcement personnel in Oregon have received training to prevent profiling, Kotek said.

"We owe it to them to ensure they have the tools they need," she said.

The measure also would charge people caught with user-level amounts of cocaine, methamphetamine and heroin with misdemeanors instead of felonies, replacing jail time with mandatory treatment. It also reduces the charge so non-residents in the United States legally on a visa, green card or with refugee status would not be automatically deported based on a user-level drug conviction.

"Felony sentences for small, user quantity amounts often carry heavy consequences including barriers to housing and employment which have a disparate impact on minority communities," Kotek said.

Despite similar drug usage rates among all races, black men are more than two times more likely to be convicted of a drug offense than white men, according to the Criminal Justice Commission.

The bill allocates about $430,000 to the Department of Public Safety Standards and Training for law enforcement training. The data collection system would be created by Oregon State Police using $250,00 in funds. Almost $350,000 would fund two positions with the Criminal Justice Commission and a $750,000 grant from the Department of Transportation would fund the statewide collection of data.

Several people in the House and Senate voiced conflicting feelings about the two-part bill.

Rep. Andy Olson, R-Albany, said he supported the first part addressing racial profiling 100 percent, but he was "deathly opposed" to the drug sentencing portion.

The scourge of methamphetamine and heroin addiction knows no racial boundaries, said Rep. Mike McLane, R-Powell Butte.

Perhaps, he added, those that are illegally in this country using methamphetamine or heroin should be sent back home.

Backers of the bill said it was designed to protect legal noncitizens— people who have lived, worked and paid taxes in the United States.

Before voting no, Sen. Betsy Johnson, D-Scappoose, called the bill hypocritical and harmful.

"All of us bemoan the avalanche of drugs sweeping through our communities," she said. "We lament the deaths of young people using opiates. Yet with this unbelievable disingenuous bill, we're making it worse. Cleverly embedded in a bill that prohibits the odious practice of racial profiling, we are simultaneously accelerating the scourge of drugs decimating our communities and killing our kids."

Johnson said she could not bear to read another article about a grieving family burying a child because officials made it easier to be an opiate user.

Many, however, lauded the decision. Winters said the profiling task force, led by Attorney General Ellen Rosenblum, crafted the bill based on input from community members, district attorneys and law enforcement, including Marion County Sheriff Jason Myers.

It is not giving a free pass to drug users, she said. Rather, the bill requires individuals to engage in strict community supervision and treatment.

Police, local prosecutors seek fewer felonies for drugs

"Our Task Force traveled throughout the state listening to Oregonians sharing their experiences with profiling," Rosenblum said. "The stories we heard were profoundly important and deeply impactful. Our law enforcement partners deserve special recognition for their willingness to come to the table on this crucial issue."

Unite Oregon Executive Director Kayse Jama said the community collaboration involved in the bill gives hope to the future of Oregon.

“The passage of this bill is a victory for Oregonians who have been targeted by law enforcement because of who they are, where they come from, or what they look like," he said. "It’s a victory for law enforcement officers, who will receive needed training and an opportunity to rebuild trust in the communities they serve. And it’s a victory for all Oregonians, who can be confident that instances of profiling will be tracked and that law enforcement agencies will be accountable for their actions."

For questions, comments and news tips, email reporter Whitney Woodworth at wmwoodwort@statesmanjournal.com, call 503-399-6884 or follow on Twitter @wmwoodworth

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