Bill Text: OR HB2461 | 2011 | Regular Session | Engrossed

Oregon House Bill 2461 (Prior Session Legislation)

Bill Title: Relating to theft from a vulnerable victim; declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2461 Detail]

Download: Oregon-2011-HB2461-Engrossed.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1362

                           A-Engrossed

                         House Bill 2461
                  Ordered by the House April 28
            Including House Amendments dated April 28

Sponsored by Representative GELSER (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.

    { - Limits prohibition on using public funds to pay for
direct care provided by person with conviction of theft in first
degree to prohibit use of public funds only if conviction
resulted in enhanced sentence due to vulnerability of victim. - }

   { +  Prohibits use of public funds to pay for direct care
provided by person who has been convicted of aggravated theft in
first degree of victim 65 years of age or older. + }
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to theft from a vulnerable victim; amending ORS 443.004;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 443.004, as amended by section 12, chapter 93,
Oregon Laws 2010, is amended to read:
  443.004. (1) The Department of Human Services or the Oregon
Health Authority shall complete a criminal records check under
ORS 181.534 on:
  (a) An employee of a residential facility, adult foster home,
in-home care agency or home health agency;
  (b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
home health, in-home care or support services or a resident of an
adult foster home or a residential facility; and
  (c) A home care worker registering with the Home Care
Commission or renewing a registration with the Home Care
Commission.
  (2) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of home health, in-home care or support services or a
resident of a residential facility or an adult foster home, of an
individual who has been convicted:
  (a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,

  { - 164.055, - }  164.057,  { + 164.061, + } 164.098, 164.125
(5)(c) or (d), 164.215, 164.225, 164.325, 164.377 (2) or (3),
164.405, 164.415, 165.022, 165.032, 165.800, 165.803, 167.012,
167.017, 167.054 or 167.057;
  (b) Of a crime listed in ORS 181.594;
  (c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
  (d) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (c) of this subsection; or
  (e) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (d) of this subsection.
  (3) Subsection (2) of this section does not apply to:
  (a) A peer support specialist; or
  (b) An employee of a residential treatment facility or a
residential treatment home that is licensed under ORS 443.415 to
provide for individuals with alcohol or drug dependence.
  (4) If the department or authority has a record of
substantiated abuse committed by an employee or potential
employee of a home health agency, in-home care agency, adult
foster home or residential facility, regardless of whether
criminal charges were filed, the department or authority shall
notify, in writing, the employer and the employee or potential
employee.
  (5) As used in this section:
  (a) 'Adult foster home' has the meaning given that term in ORS
443.705.
  (b) 'Home care worker' has the meaning given that term in ORS
410.600.
  (c) 'Home health agency' has the meaning given that term in ORS
443.005.
  (d) 'In-home care agency' has the meaning given that term in
ORS 443.305.
  (e) 'Peer support specialist' means a person who:
  (A) Is providing peer support services as defined by the
authority by rule;
  (B) Is under the supervision of a qualified clinical
supervisor;
  (C) Has completed training required by the authority; and
  (D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
  (f) 'Residential facility' has the meaning given that term in
ORS 443.400.
  (g) 'Residential treatment facility' has the meaning given that
term in ORS 443.400.
  (h) 'Residential treatment home' has the meaning given that
term in ORS 443.400.
  SECTION 2. ORS 443.004, as amended by sections 12 and 13,
chapter 93, Oregon Laws 2010, is amended to read:
  443.004. (1) The Department of Human Services or the Oregon
Health Authority shall complete a criminal records check under
ORS 181.534 on:
  (a) An employee of a residential facility, adult foster home,
in-home care agency or home health agency;
  (b) Any individual who is paid directly or indirectly with
public funds who has or will have contact with a recipient of
home health, in-home care or support services or a resident of an
adult foster home or a residential facility; and
  (c) A home care worker registering with the Home Care
Commission or renewing a registration with the Home Care
Commission.
  (2) Public funds may not be used to support, in whole or in
part, the employment in any capacity having contact with a
recipient of home health, in-home care or support services or a
resident of a residential facility or an adult foster home, of an
individual who has been convicted:
  (a) Of a crime described in ORS 163.095, 163.115, 163.118,
163.125, 163.145, 163.149, 163.165, 163.175, 163.185, 163.187,
163.200, 163.205, 163.225, 163.235, 163.263, 163.264, 163.266,
163.275, 163.465, 163.467, 163.535, 163.537, 163.689, 163.700,
  { - 164.055, - }  164.057,  { + 164.061, + } 164.098, 164.125
(5)(c) or (d), 164.215, 164.225, 164.325, 164.377 (2) or (3),
164.405, 164.415, 165.022, 165.032, 165.800, 165.803, 167.012,
167.017, 167.054 or 167.057;
  (b) Of a crime listed in ORS 181.594;
  (c) In the last 10 years, of a crime involving the delivery or
manufacture of a controlled substance;
  (d) Of an attempt, conspiracy or solicitation to commit a crime
described in paragraphs (a) to (c) of this subsection; or
  (e) Of a crime in another jurisdiction that is substantially
equivalent, as defined by rule, to a crime described in
paragraphs (a) to (d) of this subsection.
  (3) Subsection (2) of this section does not apply to a peer
support specialist.
  (4) If the department or authority has a record of
substantiated abuse committed by an employee or potential
employee of a home health agency, in-home care agency, adult
foster home or residential facility, regardless of whether
criminal charges were filed, the department or authority shall
notify, in writing, the employer and the employee or potential
employee.
  (5) As used in this section:
  (a) 'Adult foster home' has the meaning given that term in ORS
443.705.
  (b) 'Home care worker' has the meaning given that term in ORS
410.600.
  (c) 'Home health agency' has the meaning given that term in ORS
443.005.
  (d) 'In-home care agency' has the meaning given that term in
ORS 443.305.
  (e) 'Peer support specialist' means a person who:
  (A) Is providing peer support services as defined by the
authority by rule;
  (B) Is under the supervision of a qualified clinical
supervisor;
  (C) Has completed training required by the authority; and
  (D) Is currently receiving or has formerly received mental
health services, or is in recovery from a substance use disorder
and meets the abstinence requirements for staff providing
services in alcohol or other drug treatment programs.
  (f) 'Residential facility' has the meaning given that term in
ORS 443.400.
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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