(1) In a claim for negligence based on the defendant‘s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.

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Terms Used In Oregon Statutes 31.370

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 § 2]

 

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