2015 ORS 181A.170¹
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 (Criminal records check), 181A.195 (Criminal records check) or 267.237 (Criminal records check) 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 (Criminal records check), 181A.195 (Criminal records check) and 267.237 (Criminal records check).

(b) This section does not apply to a criminal justice agency, as defined in ORS 181A.010 (Definitions for ORS 181A.010 to 181A.350), that is authorized by federal law to receive fingerprint-based criminal records checks from the Federal Bureau of Investigation.

(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 (Criminal records check), qualified entities as defined in ORS 181A.200 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), qualified entities as defined in ORS 267.237 (Criminal records check) 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]

Note: Section 17, chapter 758, Oregon Laws 2015, provides:

Sec. 17. The rules of the Department of State Police adopted pursuant to ORS 181.516 [renumbered 181A.170 (Electronic fingerprint capture technology required)] before the operative date specified in section 25 of this 2015 Act [January 1, 2016] continue in effect until superseded or repealed by rules of the Oregon Department of Administrative Services. Until superseded or repealed, references in rules of the Department of State Police adopted pursuant to ORS 181.516 before the operative date specified in section 25 of this 2015 Act to the Department of State Police or an officer or employee of the Department of State Police are considered to be references to the Oregon Department of Administrative Services or an officer or employee of the Oregon Department of Administrative Services. [2015 c.758 §17]

Note: 181A.170 (Electronic fingerprint capture technology required) 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.


1 Legislative Counsel Committee, CHAPTER 181A—State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors181A.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.