Bill Text: OR HB4045 | 2012 | Regular Session | Enrolled
Bill Title: Relating to the public disclosure of concealed handgun license information; and declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-04-11 - Chapter 93, (2012 Laws): Effective date April 11, 2012. [HB4045 Detail]
Download: Oregon-2012-HB4045-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session
Enrolled
House Bill 4045
Sponsored by Representatives THATCHER, BARKER, HOYLE, KRIEGER;
Representatives CLEM, FREEMAN, HUFFMAN, HUNT, MATTHEWS, MCLANE,
SCHAUFLER, G SMITH, WHISNANT, Senator PROZANSKI (at the request
of Oregon State Sheriffs' Association) (Presession filed.)
CHAPTER ................
AN ACT
Relating to the public disclosure of concealed handgun license
information; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2012 Act is added to and made
a part of ORS 192.410 to 192.505. + }
SECTION 2. { + (1) A public body may not disclose records or
information that identifies a person as a current or former
holder of, or applicant for, a concealed handgun license, unless:
(a) The disclosure is made to another public body and is
necessary for criminal justice purposes;
(b) A court enters an order in a criminal or civil case
directing the public body to disclose the records or information;
(c) The holder of, or applicant for, the concealed handgun
license consents to the disclosure in writing;
(d) The public body determines that a compelling public
interest requires disclosure in the particular instance and the
disclosure is limited to the name, age and county of residence of
the holder or applicant;
(e)(A) The disclosure is limited to confirming or denying that
a person convicted of a person crime, or restrained by a
protective order, is a current holder of a concealed handgun
license; and
(B) The disclosure is made to a victim of the person crime or
to a person who is protected by the protective order, in response
to a request for disclosure that provides the public body with
the name and age of the person convicted of the person crime or
restrained by the protective order;
(f)(A) The disclosure is limited to confirming or denying that
a person convicted of a crime involving the use or possession of
a firearm is a current holder of a concealed handgun license; and
(B) The disclosure is made to a bona fide representative of the
news media in response to a request for disclosure that provides
the name and age of the person convicted of the crime involving
the use or possession of a firearm; or
(g) The disclosure is made by the Department of State Police
and results from access to the Law Enforcement Data System, or to
other similar databases, that the department provides to other
public bodies.
Enrolled House Bill 4045 (HB 4045-B) Page 1
(2) A public body may not confirm or deny that a person
described in subsection (1)(e)(A) or (f)(A) of this section is a
current holder of a concealed handgun license unless the person
seeking disclosure:
(a) Under subsection (1)(e) of this section provides the public
body with written proof that the person is a victim of the person
crime or is protected by the protective order.
(b) Under subsection (1)(f) of this section provides the public
body with written proof that the person is a bona fide
representative of the news media.
(3) Notwithstanding any other provision of law, a public body
that receives a request for disclosure under subsection (1)(e) or
(f) of this section may conduct an investigation, including a
criminal records check, to determine whether a person described
in subsection (1)(e)(A) or (f)(A) of this section has been
convicted of a person crime or a crime involving the use or
possession of a firearm or is restrained by a protective order.
(4) The Attorney General shall adopt rules to carry out the
provisions of this section. The rules must include a description
of:
(a) The procedures for submitting the written request described
in subsection (1)(d) of this section; and
(b) The materials an individual must provide to the public body
to establish a compelling public interest that supports the
disclosure of the name, age and county of residence of the holder
or applicant.
(5) The prohibition described in subsection (1) of this section
does not apply to the Judicial Department.
(6) As used in this section:
(a) 'Convicted' does not include a conviction that has been
reversed, vacated or set aside or a conviction for which the
person has been pardoned.
(b) 'Person crime' means a person felony or person Class A
misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission, or any other crime
constituting domestic violence, as defined in ORS 135.230.
(c) 'Protective order' has the meaning given that term in ORS
135.886.
(d) 'Victim' has the meaning given that term in ORS
131.007. + }
SECTION 3. { + Section 2 of this 2012 Act applies to public
records requests made:
(1) Before the effective date of this 2012 Act, if the public
body has not responded to the request as of the effective date of
this 2012 Act; and
(2) On or after the effective date of this 2012 Act. + }
SECTION 4. { + The amendments to section 2 of this 2012 Act by
section 5 of this 2012 Act become operative on January 1,
2013. + }
SECTION 5. Section 2 of this 2012 Act is amended to read:
{ + Sec. 2. + } (1) A public body may not disclose records or
information that identifies a person as a current or former
holder of, or applicant for, a concealed handgun license, unless:
(a) The disclosure is made to another public body and is
necessary for criminal justice purposes;
(b) A court enters an order in a criminal or civil case
directing the public body to disclose the records or information;
(c) The holder of, or applicant for, the concealed handgun
license consents to the disclosure in writing;
Enrolled House Bill 4045 (HB 4045-B) Page 2
(d) The public body determines that a compelling public
interest requires disclosure in the particular instance and the
disclosure is limited to the name, age and county of residence of
the holder or applicant;
(e)(A) The disclosure is limited to confirming or denying that
a person convicted of a person crime, or restrained by a
protective order, is a current holder of a concealed handgun
license; and
(B) The disclosure is made to a victim of the person crime or
to a person who is protected by the protective order, in response
to a request for disclosure that provides the public body with
the name and age of the person convicted of the person crime or
restrained by the protective order; { + or + }
(f)(A) The disclosure is limited to confirming or denying that
a person convicted of a crime involving the use or possession of
a firearm is a current holder of a concealed handgun license; and
(B) The disclosure is made to a bona fide representative of the
news media in response to a request for disclosure that provides
the name and age of the person convicted of the crime involving
the use or possession of a firearm { + . + } { - ; or - }
{ - (g) The disclosure is made by the Department of State
Police and results from access to the Law Enforcement Data
System, or to other similar databases, that the department
provides to other public bodies. - }
(2) A public body may not confirm or deny that a person
described in subsection (1)(e)(A) or (f)(A) of this section is a
current holder of a concealed handgun license unless the person
seeking disclosure:
(a) Under subsection (1)(e) of this section provides the public
body with written proof that the person is a victim of the person
crime or is protected by the protective order.
(b) Under subsection (1)(f) of this section provides the public
body with written proof that the person is a bona fide
representative of the news media.
(3) Notwithstanding any other provision of law, a public body
that receives a request for disclosure under subsection (1)(e) or
(f) of this section may conduct an investigation, including a
criminal records check, to determine whether a person described
in subsection (1)(e)(A) or (f)(A) of this section has been
convicted of a person crime or a crime involving the use or
possession of a firearm or is restrained by a protective order.
(4) The Attorney General shall adopt rules to carry out the
provisions of this section. The rules must include a description
of:
(a) The procedures for submitting the written request described
in subsection (1)(d) of this section; and
(b) The materials an individual must provide to the public body
to establish a compelling public interest that supports the
disclosure of the name, age and county of residence of the holder
or applicant.
(5) The prohibition described in subsection (1) of this section
does not apply to the Judicial Department.
(6) As used in this section:
(a) 'Convicted' does not include a conviction that has been
reversed, vacated or set aside or a conviction for which the
person has been pardoned.
(b) 'Person crime' means a person felony or person Class A
misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission, or any other crime
constituting domestic violence, as defined in ORS 135.230.
Enrolled House Bill 4045 (HB 4045-B) Page 3
(c) 'Protective order' has the meaning given that term in ORS
135.886.
(d) 'Victim' has the meaning given that term in ORS 131.007.
SECTION 6. { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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Passed by House February 15, 2012
Repassed by House March 2, 2012
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate March 1, 2012
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 4045 (HB 4045-B) Page 4
Received by Governor:
......M.,............., 2012
Approved:
......M.,............., 2012
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2012
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 4045 (HB 4045-B) Page 5
