77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1792

                         House Bill 2368

Sponsored by Representative THATCHER; Senators BOQUIST, GEORGE
  (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies circumstances under which public body may disclose
concealed handgun license information.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the public disclosure of concealed handgun license
  information; amending section 2, chapter 93, Oregon Laws 2012;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 2, chapter 93, Oregon Laws 2012, is amended
to read:
   { +  Sec. 2. + } (1) A public body may not disclose records or
information that identifies a person as a current or former
holder of, or applicant for, a concealed handgun license, unless:
  (a) The disclosure is made to another public body and is
necessary for criminal justice purposes;
  (b) A court enters an order in a criminal or civil case
directing the public body to disclose the records or information;
  (c) The holder of, or applicant for, the concealed handgun
license consents to the disclosure in writing;
  (d) { + (A) The public body receives a written request for
disclosure;
  (B) + } The public body determines that a compelling public
interest requires disclosure in the particular instance { + ; + }
and
   { +  (C) + } The disclosure is limited to the name, age and
county of residence of the holder or applicant;
  (e)(A) The disclosure is limited to confirming or denying that
a person convicted of a person crime, or restrained by a
protective order, is a current holder of a concealed handgun
license; and
  (B) The disclosure is made to a victim of the person crime or
to a person who is protected by the protective order, in response
to a  { + written + } request for disclosure that provides the
public body with the name and age of the person convicted of the
person crime or restrained by the protective order;
  (f)(A) The disclosure is limited to confirming or denying that
a person convicted of a crime involving the use or possession of
a firearm is a current holder of a concealed handgun license; and

  (B) The disclosure is made to a bona fide representative of the
news media in response to a  { + written + } request for
disclosure that provides the name and age of the person convicted
of the crime involving the use or possession of a firearm; or
  (g) The disclosure is made by the Department of State Police
and results from access to the Law Enforcement Data System, or to
other similar databases, that the department provides to other
public bodies.
  (2) A public body may not confirm or deny that a person
described in subsection (1)(e)(A) or (f)(A) of this section is a
current holder of a concealed handgun license unless the person
seeking disclosure:
  (a) Under subsection (1)(e) of this section provides the public
body with written proof that the person is a victim of the person
crime or is protected by the protective order.
  (b) Under subsection (1)(f) of this section provides the public
body with written proof that the person is a bona fide
representative of the news media.
  (3) Notwithstanding any other provision of law, a public body
that receives a  { + written + } request for disclosure under
subsection (1)(e) or (f) of this section may conduct an
investigation, including a criminal records check, to determine
whether a person described in subsection (1)(e)(A) or (f)(A) of
this section has been convicted of a person crime or a crime
involving the use or possession of a firearm or is restrained by
a protective order.
  (4) The Attorney General shall adopt rules to carry out the
provisions of this section. The rules must include a description
of:
  (a) The procedures for submitting the written   { - request - }
 { + requests + } described in subsection (1)(d) { +  to (f) + }
of this section; and
  (b) The materials an individual must provide to the public body
to establish a compelling public interest that supports the
disclosure of the name, age and county of residence of the holder
or applicant.
  (5) The prohibition described in subsection (1) of this section
does not apply to the Judicial Department.
  (6) As used in this section:
  (a) 'Convicted' does not include a conviction that has been
reversed, vacated or set aside or a conviction for which the
person has been pardoned.
  (b) 'Person crime' means a person felony or person Class A
misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission, or any other crime
constituting domestic violence, as defined in ORS 135.230.
  (c) 'Protective order' has the meaning given that term in ORS
135.886.
  (d) 'Victim' has the meaning given that term in ORS 131.007.
  SECTION 2. Section 2, chapter 93, Oregon Laws 2012, as amended
by section 5, chapter 93, Oregon Laws 2012, is amended to read:
   { +  Sec. 2. + } (1) A public body may not disclose records or
information that identifies a person as a current or former
holder of, or applicant for, a concealed handgun license, unless:
  (a) The disclosure is made to another public body and is
necessary for criminal justice purposes;
  (b) A court enters an order in a criminal or civil case
directing the public body to disclose the records or information;
  (c) The holder of, or applicant for, the concealed handgun
license consents to the disclosure in writing;
  (d) { + (A) The public body receives a written request for
disclosure;
  (B) + } The public body determines that a compelling public
interest requires disclosure in the particular instance { + ; + }
and

   { +  (C) + } The disclosure is limited to the name, age and
county of residence of the holder or applicant;
  (e)(A) The disclosure is limited to confirming or denying that
a person convicted of a person crime, or restrained by a
protective order, is a current holder of a concealed handgun
license; and
  (B) The disclosure is made to a victim of the person crime or
to a person who is protected by the protective order, in response
to a  { + written + } request for disclosure that provides the
public body with the name and age of the person convicted of the
person crime or restrained by the protective order; or
  (f)(A) The disclosure is limited to confirming or denying that
a person convicted of a crime involving the use or possession of
a firearm is a current holder of a concealed handgun license; and
  (B) The disclosure is made to a bona fide representative of the
news media in response to a  { + written  + }request for
disclosure that provides the name and age of the person convicted
of the crime involving the use or possession of a firearm.
  (2) A public body may not confirm or deny that a person
described in subsection (1)(e)(A) or (f)(A) of this section is a
current holder of a concealed handgun license unless the person
seeking disclosure:
  (a) Under subsection (1)(e) of this section provides the public
body with written proof that the person is a victim of the person
crime or is protected by the protective order.
  (b) Under subsection (1)(f) of this section provides the public
body with written proof that the person is a bona fide
representative of the news media.
  (3) Notwithstanding any other provision of law, a public body
that receives a  { + written + } request for disclosure under
subsection (1)(e) or (f) of this section may conduct an
investigation, including a criminal records check, to determine
whether a person described in subsection (1)(e)(A) or (f)(A) of
this section has been convicted of a person crime or a crime
involving the use or possession of a firearm or is restrained by
a protective order.
  (4) The Attorney General shall adopt rules to carry out the
provisions of this section. The rules must include a description
of:
  (a) The procedures for submitting the written   { - request - }
 { +  requests + } described in subsection (1)(d) { +  to (f) + }
of this section; and
  (b) The materials an individual must provide to the public body
to establish a compelling public interest that supports the
disclosure of the name, age and county of residence of the holder
or applicant.
  (5) The prohibition described in subsection (1) of this section
does not apply to the Judicial Department.
  (6) As used in this section:
  (a) 'Convicted' does not include a conviction that has been
reversed, vacated or set aside or a conviction for which the
person has been pardoned.
  (b) 'Person crime' means a person felony or person Class A
misdemeanor, as those terms are defined in the rules of the
Oregon Criminal Justice Commission, or any other crime
constituting domestic violence, as defined in ORS 135.230.
  (c) 'Protective order' has the meaning given that term in ORS
135.886.
  (d) 'Victim' has the meaning given that term in ORS 131.007.
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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