Panel discusses who may trigger fire-protection citations; committee seeks revised amendment

On May 14 the Senate Committee on Judiciary discussed House Bill 2819A, which would permit the state forester or an authorized enforcement officer to issue citations for fire-protection violations not witnessed firsthand if the officer has probable cause based on investigation, supporting evidence or a credible witness statement. The committee did not complete action and carried the bill over to allow finalized amendment language and fiscal paperwork to be circulated.

Committee counsel described several proposed amendments. A prior version substituted “probable cause” for “reasonable grounds.” A dash-A3 would have allowed enforcement officers to act on information from a first responder; a dash-A4 replaces the measure and adds a definition of “credible witness,” allowing citations when probable cause exists based on supporting evidence, including credible-witness statements. Chair Prozanski reviewed the vehicle-code standard in ORS 810.41 as a comparable framework for issuing citations based on others’ observations.

Levi (representing the enforcing department) told the committee the department preferred the dash-A4 because it provides the evidentiary framework enforcement officers need when they do not personally witness a violation and because it allows for credible witnesses to supply information that, when corroborated, supports probable cause.

Senators sought clarification about who qualifies as a credible witness and how credibility would be judged. Committee counsel explained the dash-A4 definition ties credibility to the content of an observation, the circumstances around it and whether it aligns with other evidence; Legislative Counsel (Aurora Goddard) agreed “reliable” is a close synonym. Because the committee did not have final paperwork for the A4 on hand, the chair carried HB 2819A to the committee’s next meeting on May 19 to allow time for staff to circulate the amendment text and fiscal analysis.