2019 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 181A - State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services
Section 181A.170 - Electronic fingerprint capture technology required; exceptions; Oregon Department of Administrative Services to develop contract for electronic fingerprint capture services; rules.
(1)(a) Except as provided in subsection (2) of this section, the Department of State Police and any other governmental agency authorized to report, receive or disseminate criminal offender information shall use electronic fingerprint capture technology to take and submit a person’s fingerprints for purposes of conducting criminal records checks under ORS 181A.190, 181A.195 or 267.237 or for any other purpose authorized by law.
(b)(A) The Oregon Department of Administrative Services shall adopt rules to implement this section.
(B) In adopting rules under this paragraph, the Oregon Department of Administrative Services may adopt exemptions from the requirement described in paragraph (a) of this subsection.
(2)(a) This section applies to the Department of State Police only with respect to the administration of criminal records checks under ORS 181A.190, 181A.195 and 267.237.
(b) This section does not apply to a criminal justice agency, as defined in ORS 181A.010, that is authorized by federal law to receive fingerprint-based criminal records checks from the Federal Bureau of Investigation.
(c) This section does not apply to the Department of Public Safety Standards and Training.
(3) To meet the requirements of this section, the Department of State Police and other governmental agencies described in subsection (1) of this section may:
(a) Directly provide electronic fingerprint capture services;
(b) Enter into a contract described in subsection (4) of this section for the provision of electronic fingerprint capture services; or
(c) Provide electronic fingerprint capture services in any other manner allowed by the Oregon Department of Administrative Services by rule or order.
(4) The Oregon Department of Administrative Services shall develop a standard contract by which the Department of State Police and other governmental agencies described in subsection (1) of this section may contract for the provision of electronic fingerprint capture services. Contracts developed under this subsection must account for the variety of uses and levels of service necessary to accommodate the needs of the Department of State Police, other governmental agencies described in subsection (1) of this section, qualified entities as defined in ORS 181A.190, qualified entities as defined in ORS 181A.200, qualified entities as defined in ORS 267.237 and any other entity required by law or rule to conduct criminal records checks for purposes not related to the administration of the criminal justice system. [Formerly 181.516; 2017 c.228 §7]
Note: 181A.170 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
