Bill Text: OR HB3331 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to criminal records checks; and declaring an emergency.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2013-07-29 - Chapter 694, (2013 Laws): Effective date July 29, 2013. [HB3331 Detail]

Download: Oregon-2013-HB3331-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1356

                         House Bill 3331

Sponsored by Representative NATHANSON; Representatives GILLIAM,
  HOYLE

                             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.

  Directs Department of State Police to establish Voluntary
Central Criminal Records Check Registry. Authorizes certain
individuals who are required to complete criminal records checks
to enroll in registry and submit evidence of enrollment in
registry in lieu of future criminal records checks.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to criminal records checks; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Department of State Police shall
establish a Voluntary Central Criminal Records Check Registry.
  (2) An individual who is required to submit to a criminal
records check pursuant to ORS 181.533 or 181.534 may enroll in
the registry as provided in this section.
  (3)(a) The department shall prescribe by rule the form and
manner for enrolling in the registry. The department shall make
print and electronic applications for enrollment in the registry
available for use by qualified entities under ORS 181.533 and
authorized agencies under ORS 181.534.
  (b) Upon receiving an application for enrollment in the
registry, the department shall complete a criminal records check
under ORS 181.534. The department shall enroll the individual in
the registry if:
  (A) The department determines the individual has no criminal
history;
  (B) The individual has paid the application fee established by
the department under subsection (8) of this section; and
  (C) The individual has complied with the rules of the
department adopted under this section.
  (4) The department may conditionally enroll an individual in
the registry pending the results of a nationwide criminal records
check through the Federal Bureau of Investigation if the
individual has met other requirements of the department for
enrollment in the registry.
  (5)(a) A qualified entity under ORS 181.533 may accept evidence
of enrollment in the registry from an individual who is enrolled
in the registry in lieu of the qualified entity's own requirement
of completing a criminal records check.

  (b) An authorized agency under ORS 181.534 may accept evidence
of enrollment in the registry from an individual who is enrolled
in the registry in lieu of the authorized agency's own
requirement of completing a criminal records check.
  (6) Enrollment in the registry expires two years from the date
of enrollment, but may be renewed upon:
  (a) Application to the department;
  (b) Payment of the renewal fee established by the department
under subsection (8) of this section; and
  (c) Compliance with rules adopted by the department under this
section.
  (7) The department shall conduct on a quarterly basis a
criminal records check on individuals enrolled in the registry.
If the criminal records check reveals information that would make
the individual ineligible for enrollment, the department shall
remove the individual from the registry and inform a qualified
entity or an authorized agency that has accepted evidence of
enrollment in the registry in lieu of completing a criminal
records check of the removal.
  (8) The department shall adopt all rules necessary and proper
to carry out this section, including but not limited to rules
establishing application and renewal fees. + }
  SECTION 2.  { + (1) Section 1 of this 2013 Act becomes
operative on January 1, 2014.
  (2) The Department of State Police may take any action before
the operative date specified in subsection (1) of this section
necessary to enable the department to implement the Voluntary
Central Criminal Records Check Registry described in section 1 of
this 2013 Act before the operative date specified in subsection
(1) of this section. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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