Chapter 181A — Chapter 181A
209 sections in this chapter.
ORS 181A.010 Definitions for ORS 181A.010 to 181A.350. As used in ORS 181A.010 to 181A.350, unless the context requires otherwise
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(1) “Criminal justice agency” means: (a) The Governor; (b) Courts of criminal jurisdiction; (c) The Attorney General; (d) District attorneys, city attorneys with criminal prosecutorial functions, attorney employees of the Oregon Public Defense Commission and nonprofit public defe…
ORS 181A.015 Department of State Police established. (1) There is established a Department of State Police
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(2) The department shall consist of sworn members of the state police force appointed under ORS 181A.050 and nonsworn professional personnel necessary to carry out the department’s public safety functions. [Formerly 181.020]
ORS 181A.020 State Police Account; subaccount; uses; authority to accept property. (1) There is established in the General Fund of the State Treasury an account to be known as the State Police Account. All moneys received by the Department of State Police shall be paid to the credit of the State Police Account, and such moneys are continuously appropriated to the department for the payment of expenses of the department
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(2) There is established a subaccount in the State Police Account consisting of all moneys, revenue and income described in ORS 463.220. All moneys in the subaccount are continuously appropriated to the Department of State Police to carry out the provisions of ORS chapter 463. (3…
ORS 181A.025 Petty cash account. The Superintendent of State Police shall establish a petty cash account from the appropriation for carrying out the functions of the Department of State Police in the amount of $25,000 and shall authorize designated commissioned officers to make disbursements from such account in all cases where it may be necessary to make an immediate cash payment for transportation expenses, accessories and repairs to motor vehicles, board and lodging, immediate medical and veterinary supplies, telephone and imperative supplementary supplies. Upon presentation to the Oregon Department of Administrative Services of duly approved vouchers for moneys so expended from the petty cash account or fund, the account or fund shall be reimbursed to the amount of vouchers submitted. [Formerly 181.180]
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[Repealed or reserved.]
ORS 181A.030 Superintendent of State Police; appointment; confirmation; removal. The Superintendent of State Police shall be the executive and administrative head of the Department of State Police. Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint the superintendent for a term of four years. The Governor may remove the superintendent for inefficiency or malfeasance in office after charges have been preferred and a hearing granted. [Formerly 181.200]
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[Repealed or reserved.]
ORS 181A.035 Appointment of Deputy Superintendent of State Police. (1) The Superintendent of State Police may, with the approval of the Governor as to person and salary, appoint a Deputy Superintendent of State Police
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(2) The deputy superintendent must have served as a captain or in higher rank in the Oregon State Police not less than one year prior to appointment as deputy superintendent. [Formerly 181.220]
ORS 181A.040 Powers and duties of deputy superintendent. The Deputy Superintendent of State Police shall
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(1) Act as the head of the Department of State Police in the absence or incapacity of the Superintendent of State Police; and (2) Perform such duties as the superintendent prescribes. [Formerly 181.240]
ORS 181A.045 Oath of superintendent and deputy superintendent. Before assuming their duties, the Superintendent of State Police and the Deputy Superintendent of State Police shall take and subscribe an oath of office as prescribed by ORS 181A.065. [Formerly 181.210]
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[Repealed or reserved.]
ORS 181A.050 Oregon State Police. The Superintendent of State Police shall
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(1) Appoint a state police force to be known as the Oregon State Police, consisting of commissioned officers, noncommissioned officers and troopers; (2) Arrange for the examination and enlistment of applicants to the state police; and (3) Establish ranks or grades in the state po…
ORS 181A.055 Qualifications for appointment and reappointment of state police; special officers; neighboring states. (1) A person appointed a member of the state police must be
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(a) A citizen of the United States or a nonimmigrant legally admitted to the United States under a Compact of Free Association. (b) Of good health and good moral character. (c) Over the age of 21 years. (2)(a) Except as provided in paragraph (b) of this subsection, a person may n…
ORS 181A.060 Appointment of employees of department as special state police officers. (1) Notwithstanding ORS 181A.055, the Superintendent of State Police may appoint employees of the Department of Corrections as special state police officers if the superintendent deems it necessary or advisable to assist the Department of Corrections in the discharge of the Department of Corrections’ transport functions and duties. To be eligible for appointment under this subsection, an employee must be currently certified as a corrections officer under ORS 181A.355 to 181A.689. The superintendent and the Department of Corrections shall enter into an intergovernmental agreement that specifies the terms, conditions and duration of appointments made under this subsection
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(2) A person appointed as a special state police officer under subsection (1) of this section may not receive any separate or additional compensation from the Department of State Police for performance of the person’s duties. [Formerly 181.263; 2017 c.188 §1] Note: 181A.060 was e…
ORS 181A.065 Oath of members of state police. Each member of the Oregon State Police shall take and subscribe to an oath of office to support the Constitution and laws of the United States and of the State of Oregon, and to honestly and faithfully perform the duties imposed upon the member under the laws of Oregon. The oath of the Superintendent of State Police and Deputy Superintendent of State Police shall be filed with the Secretary of State, and the oaths of all other members with the superintendent. [Formerly 181.390]
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[Repealed or reserved.]
ORS 181A.070 Salaries of state police. The salaries of members of the Oregon State Police shall be fixed in the same manner as the salaries of other officers and employees in the unclassified service pursuant to ORS 240.240. [Formerly 181.271]
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[Repealed or reserved.]
ORS 181A.075 Instruction; rules and regulations for discipline and control. The Superintendent of State Police shall
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(1) Provide the necessary preliminary and subsequent instruction to recruits and troopers as to their duties as police officers of the state. (2) Make rules and regulations for the discipline and control of the state police. [Formerly 181.280]
ORS 181A.080 Powers and duties of department and its members. (1) The Department of State Police and the members of the Oregon State Police are charged with the enforcement of
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(a) All criminal laws; and (b) All laws applicable to highways and the operation of vehicles on highways. (2) Each member of the state police is authorized and empowered to: (a) Prevent crime. (b) Pursue and apprehend offenders and obtain legal evidence necessary to ensure the co…
ORS 181A.085 Targeted enforcement program; rules. (1) The Department of State Police shall develop a targeted enforcement program for the purpose of improving public safety. The program shall be designed to reduce fatalities, physical injury and property damage by allocating patrol resources based on motor vehicle accident data compiled by the Department of Transportation
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(2) The Department of Transportation shall provide motor vehicle accident data to the Department of State Police for use in the targeted enforcement program. (3) The Department of State Police may adopt rules to carry out the provisions of this section. [Formerly 181.045] Note: 1…
ORS 181A.090 Duty to enforce laws and regulations of agencies. The state police, with the approval of the Governor, may be called upon by any other branch or department of the state government to enforce criminal laws or any regulation of such branch or department. [Formerly 181.050]
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[Repealed or reserved.]
ORS 181A.095 Headquarters and patrol stations; real property agreements. (1) The Superintendent of State Police may establish headquarters and patrol stations at such places as the superintendent considers advisable for the patrol and protection of this state and the enforcement of the laws
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(2) For purposes of this section, the superintendent may use lands and buildings for the accommodation of members of the state police and their vehicles and equipment. (3) The Department of State Police may enter into such lease agreements and take title to such real property as …
ORS 181A.100 Organization of work of department. The Superintendent of State Police shall, so far as in the judgment of the superintendent it is practicable and expedient so to do, organize the work of the Department of State Police so that
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(1) The various duties required of the department may be assigned to appropriate departments, to be performed by persons experienced and qualified for such respective kinds of work. (2) The duties of the various officers and police of the superintendent are coordinated so that wh…
ORS 181A.105 Distribution of police throughout state. The Superintendent of State Police shall distribute the state police throughout the various sections of the state where they will be most efficient in carrying out the purposes of the Department of State Police to preserve the peace, to enforce the law and to prevent and detect crime. [Formerly 181.110]
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[Repealed or reserved.]
ORS 181A.110 Standard uniform for state police; service without wearing uniform; wearing uniforms by other persons prohibited. (1) The State of Oregon shall provide the members of the state police with standard uniforms
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(2) The Superintendent of State Police shall specify a standard pattern and distinctive design for the uniforms required under this subsection and subsection (1) of this section. (3) The Superintendent of State Police may direct members of the state police to serve without wearin…
ORS 181A.115 Supplies and equipment of state police. (1) The State of Oregon shall provide the members of the state police with emergency outfits, weapons and motor vehicles and all other emergency and first-aid supplies and equipment necessary to carry out the public safety functions of the Department of State Police
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(2)(a) The property described in subsection (1) of this section remains the property of this state with the exception of a retiring or deceased officer’s department-issued service weapon, which may be sold by the department to the officer or, in the case of a deceased officer, to…
ORS 181A.120 Commanding assistance of citizens. All members of the state police may direct and command the assistance of any able-bodied citizen of the United States to aid, when necessary, to maintain law and order. When so called, any person shall, during the time the assistance of the person is required, be considered a member of the state police and subject to ORS 181A.010 to 181A.350. [Formerly 181.190]
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[Repealed or reserved.]
ORS 181A.125 Interference with personal and property rights of others. No member of the state police shall in any way interfere with the rights or property of any person, except for the prevention of crime, or the capture or arrest of persons committing crimes. [Formerly 181.400]
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[Repealed or reserved.]
ORS 181A.130 Records and reports of activities and time spent in performance of duties. The Oregon State Police shall
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(1) Keep records of the activities engaged in and the time spent in the performance of their duties; and (2) Report the activities and time to the Superintendent of State Police at such times as the superintendent directs. [Formerly 181.410]
ORS 181A.135 National Crime Prevention and Privacy Compact; rules. (1) The Legislative Assembly of the State of Oregon hereby ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. 14616, as it existed on January 1, 2005, and the compact remains in effect until legislation is enacted rescinding the compact. The Superintendent of State Police shall execute the compact
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(2) The superintendent, or the superintendent’s designee, is the state’s compact officer and shall administer and implement the compact on behalf of the state and may adopt rules as necessary for the exchange of criminal history records between the state and other states and the …
ORS 181A.140 Department responsible for criminal identification information. The Department of State Police shall
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(1) Install and maintain systems for filing and retrieving fingerprint data and supplemental information submitted by criminal justice agencies for the identification of criminal offenders as the Superintendent of State Police deems necessary; (2) Employ its fingerprint record fi…
ORS 181A.145 Criminal investigations division. (1) The Superintendent of State Police may
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(a) Maintain a criminal investigations division for the purpose of preventing, detecting and investigating criminal activity. (b) Enter into partnerships with local criminal justice agencies to provide expertise in the investigation and resolution of crimes and criminal activity.…
ORS 181A.150 Forensic laboratories. (1) The Department of State Police may establish forensic laboratories
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(2) Subject to available funding, the forensic laboratories shall furnish generally accepted types of forensic services to criminal justice agencies in this state. The services of the forensic laboratories must also be available to a defendant in a criminal case upon order of the…
ORS 181A.155 Authority over blood and buccal samples and analyses; rules; disclosure; inspection by subject person; destruction of sample. (1) The Department of State Police is authorized to
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(a) Store blood and buccal samples received under authority of this section, ORS 137.076, 161.325 and 419C.473 (1) and section 2, chapter 852, Oregon Laws 2001, and other physical evidence obtained from analysis of such samples; (b) Analyze such samples for the purpose of establi…
ORS 181A.160 Fingerprints, identifying data, disposition report required upon arrest. (1) Immediately upon the arrest of a person for a crime for which criminal offender information must be provided under ORS 181A.165, a law enforcement agency shall
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(a) Place the arrested person’s fingerprints and identifying data on forms prescribed or furnished by the Department of State Police, photograph the arrested person and promptly transmit the form and photograph to the department. (b) If the arrest is disposed of by the arresting …
ORS 181A.165 Crimes for which criminal offender information is required. The following crimes are crimes for which criminal offender information must be provided
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(1) Any felony; (2) Any misdemeanor or other offense which involves criminal sexual conduct; or (3) Any crime which involves a violation of the Uniform Controlled Substances Act. [Formerly 181.515]
ORS 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
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(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 subsectio…
ORS 181A.175 Transmittal of disposition report. When a court receives a disposition report from a law enforcement agency pursuant to ORS 181A.160, the court shall transmit disposition information to the Department of State Police in a manner and format determined by the State Court Administrator after consultation with the department. [Formerly 181.521]
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[Repealed or reserved.]
ORS 181A.180 Copy of certain disposition reports to Teacher Standards and Practices Commission and Department of Education. Whenever any court or district attorney receives a disposition report and the court or district attorney has cause to believe that the arrested person who is the subject of the report is an employee of a school district or is licensed as a school teacher or administrator and that the charge involves a violation of any crime listed in ORS 342.143 (3), the court or district attorney shall cause the Teacher Standards and Practices Commission and the Department of Education to be sent a copy of the completed disposition report. [Formerly 181.525]
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[Repealed or reserved.]
ORS 181A.185 Report of release or escape from state institution of certain inmates. (1)(a) The superintendent of any institution of this state shall notify the Department of State Police prior to the release or immediately after the escape from the institution of any person committed to the institution for a crime for which a report is required or under civil commitment as a sexually dangerous person
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(b) The notice required under this subsection must state the name of the person to be released or who has escaped, the county in which the person was convicted or from which the person was committed and, if known, the address or locality at which the person will reside. (2) Promp…
ORS 181A.190 Criminal records check; qualified entities; Department of Human Services to make fitness determination; rules; fees. (1) As used in this section
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(a) “Authorized agency” means the Department of State Police or other governmental agency designated by the State of Oregon to report, receive or disseminate criminal offender information. (b) “Qualified entity” means a business or organization that: (A) Provides care or placemen…
ORS 181A.195 Criminal records check; authorized agencies; retention of fingerprint cards by FBI and Department of State Police; fitness determinations; rules; fee. (1) As used in this section
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(a) “Authorized agency” means state government as defined in ORS 174.111, the Oregon State Bar or a municipal tax collection agency in a city with a population of 250,000 or more. “Authorized agency” does not include: (A) The Oregon State Lottery Commission or the Oregon State Lo…
ORS 181A.200 Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints; qualified entities; rules. (1) As used in this section
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(a) “Care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities. (b) “Native American tribe” has the meaning given that term in ORS 181A.210 (4). (c) …
ORS 181A.201 Authority of humane investigation agency to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, a humane investigation agency, as defined in ORS 181A.340, may require the fingerprints of a person who
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(1) Is employed or applying for employment by the agency; or (2) Provides services or seeks to provide services to the agency as a contractor, vendor or volunteer. [2024 c.63 §4a] Note: 181A.201 was enacted into law by the Legislative Assembly but was not added to or made a part …
ORS 181A.202 Authority of municipal tax collection agency to require fingerprints. (1) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, a municipal tax collection agency in a city with a population of 250,000 or more may require the fingerprints of a person who
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(a)(A) Is employed or applying for employment by the city; or (B) Provides services or seeks to provide services to the city as a contractor or volunteer; and (b) Is, or will be, working or providing services in a position in which the person will have access to federal tax infor…
ORS 181A.205 Fingerprint retention system; Rap Back program; rules; fee. (1) As used in this section
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(a) “Authorized agency” means a state or local government agency authorized by state and federal law to submit fingerprint-based background check requests for employment and licensing purposes to the Federal Bureau of Investigation and who may receive criminal history record info…
ORS 181A.210 Criminal identification information to be furnished to Native American tribe. (1) Upon the request of a Native American tribe, and in compliance with procedures adopted by the Department of State Police under ORS 181A.230, the Department of State Police shall furnish to the authorized staff of the Native American tribe such information on a subject individual or contractor as the Department of State Police may have in its possession, including but not limited to manual or computerized criminal offender information. With the approval of the Department of State Police, a local law enforcement agency may furnish the information described in this subsection to a Native American tribe
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(2)(a) Subsequent to furnishing the information required under subsection (1) of this section, the Department of State Police shall conduct nationwide criminal records checks of the subject individual or contractor through the Federal Bureau of Investigation by use of the subject…
ORS 181A.215 Oregon Department of Administrative Services to adopt rules relating to certain aspects of criminal records checks; immunity from civil liability. (1) As used in this section
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(a) “Authorized agency” means an authorized agency as defined in ORS 181A.190 or 181A.195. (b) “Direct access” means access to an individual or the personal information of an individual. (c) “District” has the meaning given that term in ORS 267.237. (d) “Qualified entity” has the…
ORS 181A.220 Confidentiality of some records. (1) Notwithstanding the provisions of ORS 192.311 to 192.478 relating to public records the fingerprints, photographs, records and reports compiled under ORS 137.225, 181A.010, 181A.160, 181A.175, 181A.230, 805.060 and this section are confidential and exempt from public inspection except
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(a) As ordered by a court; (b) As provided in rules adopted by the Department of State Police under ORS chapter 183 to govern access to and use of computerized criminal offender information including access by an individual for review or challenge of the individual’s own records;…
ORS 181A.225 Reporting of crime statistics. (1) All law enforcement agencies shall report to the Department of State Police statistics concerning crimes
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(a) As directed by the department, for purposes of the Uniform Crime Reporting System of the Federal Bureau of Investigation. (b) As otherwise directed by the Governor concerning general criminal categories of criminal activities but not individual criminal records. (c) Motivated…
ORS 181A.230 Establishment of procedures for access to criminal record information; rules. The Department of State Police shall adopt rules under ORS chapter 183 establishing procedures
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(1) To provide access to criminal offender information by criminal justice agencies and by other state and local agencies. (2)(a) To permit a person or agency not included in subsection (1) of this section to inquire as to whether the department has compiled criminal offender inf…
ORS 181A.235 Fee waiver. (1) When the Department of State Police is asked to provide criminal offender information under ORS 181A.190 or 181A.230 (2), the department shall waive any fee otherwise charged by the department for providing the information if
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(a) The request is made by an organization; and (b) The individual about whom the criminal offender information is sought is a volunteer, or prospective volunteer, of the organization. (2) In addition to waiving any fee otherwise charged by the department, the department may not …
ORS 181A.240 Procedure when information requested by designated agency; exception for investigation of child abuse or neglect. (1) When a designated agency requests criminal offender information about an individual from the Department of State Police under ORS 181A.230 (1) for agency employment, licensing or other permissible purposes, the agency shall provide documentation that the individual
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(a) Gave prior written consent for the agency to make a criminal offender record check through the department; or (b) Has received written notice from the agency that a criminal offender record check may be made through the department. Notice shall be provided prior to the time t…
ORS 181A.245 Procedure when information requested by other than criminal justice agency. (1) When a person or agency, other than a criminal justice agency or a law enforcement agency, pursuant to ORS 181A.230 (2), requests from the Department of State Police criminal offender information regarding an individual, if the department’s compiled criminal offender information on the individual contains records of any conviction, or of any arrest less than one year old on which there has been no acquittal or dismissal, the department shall respond to the request as follows
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(a) The department shall send prompt written notice of the request to the individual about whom the request has been made. The department shall address the notice to the individual’s last address known to the department and to the individual’s address, if any, supplied by the per…