ORS 181.516¹
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 persons fingerprints for purposes of conducting criminal records checks under ORS 181.533 (Criminal records check), 181.534 (Criminal records check) or 267.237 (Criminal records check) or for any other purpose authorized by law.

(b) The department may adopt by rule exemptions from the requirement described in paragraph (a) of this subsection.

(2)(a) This section applies to the department only with respect to the administration of criminal records checks under ORS 181.533 (Criminal records check), 181.534 (Criminal records check) and 267.237 (Criminal records check).

(b) This section does not apply to a criminal justice agency, as defined in ORS 181.010 (Definitions for ORS 181.010 to 181.560 and 181.715 to 181.730), 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 and other governmental agencies described in subsection (1) of this section may:

(a) Directly provide electronic fingerprint capture services; or

(b) Enter into a contract described in subsection (4) of this section for the provision of electronic fingerprint capture services.

(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 181.533 (Criminal records check), qualified entities as defined in ORS 181.537 (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. [2013 c.693 §1]

Note: 181.516 (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 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Note: Sections 2 and 4, chapter 693, Oregon Laws 2013, provide:

Sec. 2. (1) For purposes of this section, agency designated by the State of Oregon to report, receive or disseminate criminal offender information means:

(a) An authorized agency, as defined in ORS 181.533 (Criminal records check);

(b) An authorized agency, as defined in ORS 181.534 (Criminal records check); and

(c) The Department of Human Services, the Oregon Health Authority and the Employment Department, as authorized by ORS 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints).

(2) Each agency designated by the State of Oregon to report, receive or disseminate criminal offender information shall conduct a study of:

(a) The agencys processes related to fingerprint capture;

(b) Whether those processes require fingerprinting only:

(A) When required by federal law or regulation;

(B) For identity verification; or

(C) When equivalent verifying information is not available through other means; and

(c) Steps that the agency may take to reduce repetitive fingerprint capture.

(3) Each agency designated by the State of Oregon to report, receive or disseminate criminal offender information shall report the results of the study to the interim committees of the Legislative Assembly related to general government protection on or before October 1, 2014. [2013 c.693 §2]

Sec. 4. Section 2 of this 2013 Act is repealed on January 2, 2015. [2013 c.693 §4]

See also annota­tions under ORS 181.510 to 181.540 in permanent edi­tion.

Atty. Gen. Opinions

Access to confidential crime records and reports by Oregon Law Enforce­ment Council, (1974) Vol 36, p 782

1 Legislative Counsel Committee, CHAPTER 181—State Police; Crime Reporting and Records; Public Safety Standards and Training; Sex Offender Reporting; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2013ors181.­pdf (2013) (last ac­cessed Apr. 27, 2014).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2013, Chapter 181, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­2013ano181.­html (2013) (last ac­cessed Apr. 27, 2014).
 
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. Currency Information