Chapter 543
AN ACT
HB 2179
Relating to criminal records checks; amending ORS 181.557.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 181.557 is amended to read:
181.557. (1) When
a designated agency requests criminal offender information about an individual
from the Department of State Police under ORS 181.555 (1) for agency
employment, licensing or other permissible purposes, the agency shall provide
documentation that the individual:
[(1)] (a) Gave prior written consent for the agency to make a
criminal offender record check through the department; or
[(2)] (b) Has received written notice from the agency that a
criminal offender record check may be made through the department. Notice shall
be provided prior to the time the request is made and shall include:
[(a)] (A) A statement that the individual may challenge the
accuracy of criminal offender information and notice of the manner in which
the individual may be informed of the procedures adopted under ORS 181.555 (3)
for challenging inaccurate criminal offender information; and
[(b)] (B) A statement that Title VII of the Civil Rights Act of
1964 may apply to some individuals affected by this subsection, notice of
the manner in which the individual may become informed of rights, if any, under
Title VII of the Civil Rights Act of 1964, and notice that discrimination by an
employer on the basis of arrest records alone may violate federal civil rights
law and that the individual may obtain further information by contacting the
Bureau of Labor and Industries.
(2) Notwithstanding
subsection (1) of this section, the Department of Human Services may obtain
criminal offender information from the Department of State Police about an
individual without first obtaining the individual’s written consent or giving
written notice to the individual when:
(a) The criminal
offender record check is requested for the purpose of investigating a report of
child abuse or neglect; and
(b) The individual is
either an alleged perpetrator of the reported child abuse or neglect or is an
individual who resides in or frequents the alleged victim’s residence.
(3)(a) The Department of
Human Services shall provide written notice to the individual of the criminal
offender record check after the department obtains criminal offender
information under subsection (2) of this section.
(b) Notice provided
under this subsection shall include:
(A) A statement that the
individual may challenge the accuracy of criminal offender information and
notice of the manner in which the individual may be informed of the procedures
adopted under ORS 181.555 (3) for challenging inaccurate criminal offender
information; and
(B) A statement that
Title VII of the Civil Rights Act of 1964 may apply to some individuals affected
by this subsection and notice of the manner in which the individual may become
informed of rights, if any, under Title VII of the Civil Rights Act of 1964.
Approved by the Governor June 22, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
__________