74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2179
 
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)
 
 
                     CHAPTER ................
 
 
                             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
 
 
Enrolled House Bill 2179 (HB 2179-A)                       Page 1
 
 
 
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. + }
                         ----------
 
 
Passed by House May 15, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 4, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2179 (HB 2179-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2179 (HB 2179-A)                       Page 3