73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1200
 
                         Senate Bill 703
 
Sponsored by Senator CARTER; Representatives HANSEN, SHIELDS (at
  the request of LOTUS: Liberating Ourselves through
  Understanding Sexploitation Inc.)
 
 
                             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.
 
  Permits issuance of teaching, personnel service or
administrative license or registration to person convicted of
prostitution who meets certain requirements. Allows school
district to employ or contract with person convicted of
prostitution if person meets certain requirements.
 
                        A BILL FOR AN ACT
Relating to prostitution; amending ORS 326.603 and 342.143.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 342.143 is amended to read:
  342.143. (1)   { - No - }   { + The Teacher Standards and
Practices Commission may not issue a + } teaching, personnel
service or administrative license   { - shall be issued - }  to
any person until the person has attained the age of 18 years and
has furnished satisfactory evidence of proper educational
training.
  (2) The   { - Teacher Standards and Practices - }  commission
may also require an applicant for a teaching, personnel service
or administrative license to furnish evidence satisfactory to the
commission of good moral character, mental and physical health,
and such other evidence as it may deem necessary to establish the
applicant's fitness to serve as a teacher.
  (3) Without limiting the powers of the   { - Teacher Standards
and Practices - }  commission under subsection (2) of this
section and notwithstanding ORS 670.280:
  (a)   { - No - }   { + A + } teaching, personnel service or
administrative license or registration as a public charter school
teacher   { - shall - }  { + may not + } be issued to any person
who:
  (A) Has been convicted of a crime listed in ORS 163.095,
163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575,
163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition),
163.684, 163.686, 163.687, 163.688, 163.689, 164.325, 164.415,
166.005, 166.087, 167.007, 167.012, 167.017, 167.062, 167.065,
167.070, 167.075, 167.080, 167.087, 167.090, 475.995 or 475.999;
 
 
  (B) Has been convicted under ORS 161.405 of an attempt to
commit any of the crimes listed in subparagraph (A) of this
paragraph; or
  (C) Has been convicted in another jurisdiction of a crime that
is substantially equivalent, as defined by  { + commission + }
rule, to any of the crimes listed in subparagraphs (A) and (B) of
this paragraph.
  (b) The   { - Teacher Standards and Practices - }  commission
may refuse to issue a license or registration to any person who
has been convicted of a crime involving the illegal use, sale or
possession of controlled substances.
  (4) In denying the issuance of a license or registration under
this section, the commission shall follow the procedure set forth
in ORS 342.176 and 342.177.
  (5) The Department of Education shall provide school districts
and public charter schools a copy of the list contained in
subsection (3) of this section.
   { +  (6) Notwithstanding subsection (3) of this section, a
person who has been convicted of a crime under ORS 167.007,
convicted of an attempt to commit a crime under ORS 167.007 or
convicted in another jurisdiction of a crime that is
substantially equivalent, as defined by commission rule, to a
crime under ORS 167.007 may be issued a license or registration
if:
  (a) At least three years have elapsed since the conviction; and
  (b) The person has not been convicted of any crime punishable
by imprisonment for a term of one year or more. + }
  SECTION 2. ORS 326.603 is amended to read:
  326.603. (1)(a) A school district shall send to the Department
of Education for purposes of a criminal records check any
information, including fingerprints, for each subject individual
described in ORS 181.539 (5)(d)(D), (E), (F), (H) or (I).
  (b) A private school may send to the Department of Education
for purposes of a criminal records check any information,
including fingerprints, for each subject individual described in
ORS 181.539 (5)(d)(D), (E), (F) or (H).
  (2) The Department of Education shall request criminal offender
information from the Department of State Police in the manner
required by ORS 181.539 and shall charge the district or private
school a fee of $42 for the cost of acquiring and furnishing the
information described in ORS 181.525 and 181.539.  The school
district or private school may recover its costs or a portion
thereof from the subject individual described in ORS 181.539
(5)(d)(D), (E), (F), (H) or (I). If the subject individual
described in ORS 181.539 (5)(d)(E), (F) or (I) requests, the
district shall and a private school may withhold the amount from
amounts otherwise due the  { + subject + } individual, including
a periodic payroll deduction rather than a lump sum payment.
  (3)(a)  { + Except as provided in subsection (7) of this
section, + } if the Superintendent of Public Instruction informs
the school district that the subject individual has been
convicted of a crime listed in ORS 342.143 or has made a false
statement as to the conviction of a crime, the superintendent
shall notify the school district of the fact and the district
 { - shall - }   { + may + } not employ or contract with the
 { + subject + } individual. Notification by the superintendent
that the school district   { - shall - }   { + may + } not employ
or contract with the subject individual shall remove the
 { + subject + } individual from any school district policies,
collective bargaining provisions regarding dismissal procedures
and appeals and the provisions of ORS 342.805 to 342.937.
  (b) The Superintendent of Public Instruction shall notify the
private school if the subject individual has been convicted of a
crime listed in ORS 342.143 or has made a false statement as to
the conviction of a crime. Based on the notice, the private
 
school may choose not to employ or contract with the
 { + subject + } individual.
  (c) The criminal records   { - are confidential and shall not
be released - }   { + may not be disclosed + } to the district or
private school but are subject to inspection by the subject
individual. The subject individual, other than a subject
individual in a private school, may appeal the determination as a
contested case under ORS 183.413 to 183.470 and the
superintendent shall notify the subject individual of the right
to appeal the determination.
  (4) If   { - an - }   { + a subject + } individual described in
subsection (1) of this section refuses to consent to the criminal
records check or refuses to be fingerprinted or if the subject
individual falsely swears to the nonconviction of a crime, the
district shall terminate the employment or contract status of the
 { + subject + } individual. Termination under this subsection
shall remove the  { +  subject + } individual from any school
district policies, collective bargaining provisions regarding
dismissal procedures and appeals and the provisions of ORS
342.805 to 342.937.
  (5) The State Board of Education by rule shall specify the
information to be required by subsection (1) of this section.
  (6)(a)  { + Except as provided in subsection (7) of this
section, + } a school district   { - shall - }   { + may + } not
hire or continue to employ or contract with or allow the
contractor to continue to assign   { - an - }   { + a subject + }
individual to the school project if the  { + subject + }
individual described in subsection (1) of this section has been
convicted of a crime according to the provisions of ORS 342.143.
  (b) School district employment and contract forms shall contain
a notice that employment or contracting is subject to
fingerprinting and a criminal records check as required by ORS
181.525, 181.537, 181.539, 326.603, 342.223, 342.227 and 342.232.
   { +  (7) A school district may employ or contract with a
subject individual who has been convicted of a crime under ORS
167.007, convicted of an attempt to commit a crime under ORS
167.007 or convicted in another jurisdiction of a crime that is
substantially equivalent, as defined by commission rule, to a
crime under ORS 167.007 if:
  (a) At least seven years have elapsed since the conviction; and
  (b) The subject individual has not been convicted of any crime
since the conviction. + }
    { - (7) - }   { + (8) + } As used in this section and ORS
326.607:
  (a) 'Private school' means a school that provides educational
services as defined in ORS 345.505 and is registered as a private
school under ORS 345.505 to 345.575.
  (b) 'School district' means:
  (A) A school district as defined in ORS 330.003.
  (B) The Oregon State School for the Blind.
  (C) The Oregon State School for the Deaf.
  (D) An educational program under the Youth Corrections
Education Program.
  (E) A public charter school as defined in ORS 338.005.
  (F) An education service district.
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