74th OREGON LEGISLATIVE ASSEMBLY--2007 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 723
 
                           A-Engrossed
 
                         House Bill 2179
                   Ordered by the House May 10
             Including House Amendments dated May 10
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Human Services)
 
 
                             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.
 
  Enables Department of Human Services to obtain criminal
offender information about alleged perpetrators of child abuse or
neglect, and about household members of alleged victims of child
abuse or neglect, without providing prior notice to or obtaining
consent from subject of criminal offender record check. Requires
department to notify subject of criminal offender record check
  { - when investigation continues - }  after receipt of criminal
offender information.
    { - Adopts federal criminal records checks criteria for
disqualification of prospective child caregivers. Specifies
operative date. - }
 
                        A BILL FOR AN ACT
Relating to criminal records checks; amending ORS 181.557.
Be It Enacted by the People of the State of Oregon:
  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. + }
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