The United States Constitution and the Oregon Constitution lay out freedoms, including freedoms of speech and association, along with due process and freedom from unreasonable searches and seizures.
Under Senate Bill 1191, the act of informing someone about these rights does not qualify as a crime of preventing law enforcement from carrying out their duties, obstructing the government or judicial processes.
The Democratic Senate Majority Office said the Senate acted on the measure in a bipartisan vote “knowing the federal administration has boasted about deploying law enforcement to punish political opposition.”
“If you see someone being questioned, it’s okay to say, ‘Hey you have the right to an attorney,’” said Senator James I. Manning, Jr (D – Eugene, Elmira & Veneta), chief sponsor of the measure. “It’s not against the law as long as no one physically intervenes. Free speech is what this is about, and we need to defend it against growing threats.”
During the bill’s public hearing in March, Manning explained, “One of the reasons that I brought this bill forward, we know across the nation there are some states that if a person is advising someone that ‘You don’t have to answer that,’ or ‘You can have an attorney,’ those folks could be brought up on charges or something like that.”
The senator added this bill will protect people who inform others about their rights, especially in cases concerning immigration.
“We’re in crisis,” Manning said. “That is the purpose of this, to make sure that all of the good folks out there, providing classes, giving information, know that you just by advising someone, you won’t be held liable for that because you advised them of their legal constitutional rights.”
The senator also pointed to his past experience in law enforcement, serving as a state corrections officer and police officer before he was elected to the Oregon legislature.
“When I was an officer, I recall an apprehension that I made and there were some family members that were out. As I was applying the handcuffs, someone yelled out, ‘Don’t say anything. Be quiet until you get your attorney.’ In some states, I could charge that person with obstruction, just by yelling out,” Manning said during an April 2 work session on the bill.
The bill comes as some organizations in Oregon, including some religious organizations, offer “know your rights” trainings to help immigrant communities.
During the March public hearing, Britt Conroy, the public policy director for Ecumenical Ministries of Oregon, testified in favor of the bill, which will support EMO’s work.
“For Ecumenical Ministry, as an organization that provides immigration ‘know your rights’ training from Astoria to Portland, Madras to Ashland, we are continually engaged with the community in providing folks information that helps them to make decisions and counter abuses. We welcome very much this legislation and look forward to it moving forward,” Conroy said.
Reverend Dr. Mark Knutson, of Portland’s Augustana Lutheran Church, also testified in favor of the bill, detailing his experience serving the immigrant community at the sanctuary church.
“I speak strongly in favor of SB 1191. It’s a bill that clarifies some things that need to be clarified in this troubling time we’re living in. Augustana, as you know, is a sanctuary church since we came there in the mid-90s,” Rev. Knutson testified, noting Augustana has trained hundreds of other congregations on sanctuary church initiatives.
“Being able to teach other congregations about teaching rights and knowing rights on this issue of immigration is very important and for individuals and families to know this because a lot of people are going to sleep, as you know so well, with a lot of fear at night in this current time that we’re in. And so, this very common-sense law allows us to continue what we’re doing,” Knutson said, adding there are thousands of sanctuary churches across the country.
“For people to feel safe, secure and know their rights is extremely important in a democracy,” the reverend added.
Senate Democrats were joined by 11 Republicans in support of the bill in a 28-1 vote.
The lone vote against the bill was cast by Senate Minority Leader Daniel Bonham (R-The Dalles). KOIN 6 News reached out to Sen. Bonham’s office for statements on his vote. This story will be updated if we receive a response.
The bill now heads to the Oregon House for consideration.
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