Judgment and Execution

ORS 137.930
Criminal history data provider requirements

(1)

A criminal history data provider is prohibited from including criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record of a person’s criminal history occurring more than 60 days before the date the criminal history report is delivered.

(2)

As used in this section, “material changes” include, but are not limited to:

(a)

The setting aside of a conviction arrest, record of acquittal or dismissal, or the issuance of a criminal citation or criminal charge, if no accusatory instrument is filed;

(b)

The reduction of an offense to a lower level of offense; and

(c)

The vacating of a conviction.

(3)

A violation of subsection (1) of this section constitutes an unlawful trade practice under ORS 646.607 (Unlawful business, trade practices). [2021 c.486 §4]
Note: 137.930 (Criminal history data provider requirements) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note: Sections 1 and 10, chapter 614, Oregon Laws 2017, provide:
Sec. 1. Task Force on Public Safety. (1) The Task Force on Public Safety is established, consisting of 13 members appointed to two-year terms as follows:

(a)

The President of the Senate shall appoint two members from among members of the Senate.

(b)

The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives.

(c)

The Chief Justice of the Supreme Court shall appoint two members.

(d)

The Governor shall appoint seven members as follows:

(A)

One member shall be a county commissioner.

(B)

One member shall be a district attorney.

(C)

One member shall be a criminal defense attorney.

(D)

Two members shall be representatives of law enforcement.

(E)

One member shall be a representative of community corrections directors who is not a sheriff.

(F)

One member shall be a representative of a community-based organization that provides services to victims of crime.

(2)

The task force shall:

(a)

Study security release in Oregon, focusing on reducing racial and ethnic disparity in pretrial incarceration, including:

(A)

Repealing statutes authorizing security release in favor of courts, or another entity with delegated authority, making release decisions;

(B)

Utilizing pretrial release risk assessments; and

(C)

Methods of reducing failure to appear at court hearings;

(b)

Study the impact of criminal fines and fees; and

(c)

Review the implementation of the Justice Reinvestment Program.

(3)

No later than September 15, 2018, the task force shall submit to the Legislative Assembly, in the manner provided by ORS 192.245 (Form of report to legislature), a report that describes the findings of the task force. The report may include recommendations for legislation. The task force shall provide a copy of the report to the Governor.

(4)

A majority of the members of the task force constitutes a quorum for the transaction of business.

(5)

Official action by the task force requires the approval of a majority of the members of the task force.

(6)

The task force shall elect one of its members to serve as chairperson.

(7)

If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(8)

The task force shall meet at times and places specified by the call of the chairperson or of a majority of the members of the task force.

(9)

The task force may adopt rules necessary for the operation of the task force.

(10)

Upon request, the Oregon Criminal Justice Commission, the Department of Corrections and the Oregon Department of Administrative Services shall provide staff support to the task force.

(11)

Members of the task force who are not members of the Legislative Assembly are not entitled to compensation or reimbursement for expenses and serve as volunteers on the task force.

(12)

All agencies of state government, as defined in ORS 174.111 (“State government” defined), are directed to assist the task force in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the task force consider necessary to perform their duties. [2017 c.614 §1]
Sec. 10. Section 1 of this 2017 Act is repealed on the date of the convening of the 2023 regular session of the Legislative Assembly as specified in ORS 171.010 (Time and place of holding regular legislative sessions) [January 17, 2023]. [2017 c.614 §10]
Source

Last accessed
May 30, 2023

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