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H0038........................................................by MR. SPEAKER
Requested by Department of Law Enforcement
CRIMINAL HISTORY RECORDS - Repeals, amends and adds to existing law to
provide for a central repository of criminal history records, fingerprints
and uniform crime information; and to provide reporting requirements of
criminal justice agencies and the courts.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
H0038|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 38 BY MR. SPEAKER Requested by: Department of Law Enforcement 1 AN ACT 2 RELATING TO CRIMINAL HISTORY RECORDS AND CRIME INFORMATION; REPEALING SECTIONS 3 67-2909, 67-2910, 67-2911 AND 67-2912, IDAHO CODE; AMENDING TITLE 67, 4 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 30, TITLE 67, IDAHO CODE, TO 5 DEFINE TERMS, TO PROVIDE THE CONTENTS OF CRIMINAL HISTORY RECORDS, TO SET 6 FORTH DUTIES OF THE DEPARTMENT OF LAW ENFORCEMENT, TO ESTABLISH PROCEDURES 7 FOR FINGERPRINTING AND IDENTIFICATION FOR CRIMINAL JUSTICE PURPOSES, TO 8 SET FORTH REPORTING REQUIREMENTS FOR CRIMINAL JUSTICE AGENCIES, TO PROVIDE 9 FOR REPORTING OF UNIFORM CRIME INFORMATION, TO ESTABLISH PROCEDURES ENSUR- 10 ING COMPLETE, ACCURATE AND SECURE INFORMATION, TO PROVIDE FOR THE RELEASE 11 AND AUTHORIZED USE OF CRIMINAL HISTORY INFORMATION, TO PROVIDE CRIMINAL 12 PENALTIES, TO AUTHORIZE FEES FOR NONCRIMINAL JUSTICE SERVICES AND TO PRO- 13 VIDE FOR NONCOMPLIANCE WITH REPORTING REQUIREMENTS; AMENDING CHAPTER 3, 14 TITLE 9, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9-340G, IDAHO CODE, 15 TO EXEMPT FROM DISCLOSURE CRIMINAL HISTORY RECORDS MAINTAINED PURSUANT TO 16 THE ACT; AND AMENDING SECTION 18-8306, IDAHO CODE, TO PROVIDE A CORRECT 17 CITATION. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Sections 67-2909, 67-2910, 67-2911 and 67-2912, Idaho 20 Code, be, and the same are hereby repealed. 21 SECTION 2. That Title 67, Idaho Code, be, and the same is hereby amended 22 by the addition thereto of a NEW CHAPTER , to be known and desig- 23 nated as Chapter 30, Title 67, Idaho Code, and to read as follows: 24 CHAPTER 30 25 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION 26 67-3001. DEFINITIONS. As used in this act: 27 (1) "Administration of criminal justice" means performance of any of the 28 following activities: detection, apprehension, detention, pretrial release, 29 posttrial release, prosecution, adjudication, correctional supervision, or 30 rehabilitation of accused persons or criminal offenders. The administration of 31 criminal justice includes criminal identification activities and the collec- 32 tion, storage and dissemination of criminal history record information. 33 (2) "Bureau" means bureau of criminal identification in the Idaho depart- 34 ment of law enforcement. 35 (3) "Court" means any court created by the constitution and laws of the 36 state of Idaho; and clerks of the district court. 37 (4) "Criminal history records" means physical and automated information 38 on individuals collected or disseminated by the department of law enforcement 39 as a result of arrest, detention, or the initiation of a criminal proceeding 40 by criminal justice agencies, including arrest record information, arrest fin- 41 gerprint impressions, conviction record information, correctional and release 2 1 information, and wanted persons record information. The term shall not 2 include statistical or analytical records, reports in which individuals are 3 not identified and from which their identities are not ascertainable, and 4 criminal intelligence information or criminal investigative information. 5 (5) "Criminal justice agency" means a governmental agency or subdivision 6 of a government entity that performs the administration of criminal justice 7 pursuant to a statute or executive order, and that allocates a substantial 8 portion of its budget to the administration of criminal justice. 9 (6) "Department" means the Idaho department of law enforcement. 10 (7) "Director" means director of the Idaho department of law enforcement. 11 (8) "Disposition" means the formal conclusion of a criminal proceeding at 12 whatever stage it occurs in the criminal justice system. 13 (9) "Pecuniary benefit" means any benefit to a person or member of his 14 household in the form of money, property or commercial interests, the primary 15 significance of which is economic gain. 16 (10) "Retainable offense" means: (a) A felony; or (b) A serious misde- 17 meanor as defined by rule adopted under section 67-3003(2), Idaho Code. 18 (11) "Subject of record" means the person who is or may be the primary 19 subject of a record of criminal justice information or any representative of 20 the person designated by power of attorney or notarized authorization. 21 (12) "Working day" means each day except Saturday, Sunday, or a legal 22 state holiday. 23 67-3002. CRIMINAL HISTORY RECORDS. (1) Criminal history records must con- 24 tain, but are not limited to, the following categories of information for each 25 event that is subject to fingerprinting under section 67-3004, Idaho Code: 26 (a) Information relating to offenders; 27 (b) Information relating to arrests; 28 (c) Information relating to prosecutions; 29 (d) Information relating to the disposition of cases by courts; 30 (e) Information relating to sentencing; 31 (f) Information relating to probation and parole status; and 32 (g) Information relating to offenders received by a correctional agency, 33 facility or other institution. 34 (2) The elements of the above information categories shall be further 35 defined by rule adopted by the department. Rules relating to information main- 36 tained and reported by the court shall be made after consultation with and 37 approval by the Idaho supreme court. 38 (3) To ensure positive identification and system integrity, criminal his- 39 tory records shall be supported by fingerprint impressions, which may be main- 40 tained manually, electronically or on optical disk. The records shall be 41 linked to an automated fingerprint identification system. For the purpose of 42 including prescribed information categories, the system may be linked with 43 databases maintained by other state agencies. Whenever possible, the report- 44 ing of information by criminal justice agencies relating to the above catego- 45 ries shall be conducted electronically or by magnetic medium. Any technology 46 used in this process will conform to the standards, guidelines and conventions 47 established by the information technology resource management council. 48 67-3003. DUTIES OF THE DEPARTMENT. (1) The department shall establish a 49 bureau of criminal identification to: 50 (a) Serve as the state's central repository of criminal history records, 51 fingerprints, other criminal identification data and crime information; 52 (b) Conduct criminal background checks as authorized by law or rule and 53 provide fingerprint identification services; 3 1 (c) Obtain and file electronically information relating to in-state 2 stolen vehicles and in-state wanted persons; 3 (d) Establish and maintain an automated fingerprint identification sys- 4 tem; 5 (e) Establish a uniform crime reporting system for the periodic collec- 6 tion and reporting of crimes, and compile and publish statistics and other 7 information on the nature and extent of crime in the state; 8 (f) Maintain, at the discretion of the director, other identification 9 information, which may include, but is not limited to, palm prints and 10 photographs; 11 (g) Cooperate with other criminal justice agencies of the state, state 12 and federal courts, the criminal record repositories of other states, the 13 federal bureau of investigation criminal justice information services, the 14 national law enforcement telecommunications system, and other appropriate 15 agencies and systems, in the operation of an effective interstate, 16 national, and international system of criminal identification, records and 17 statistics; and 18 (h) Develop and implement a training program to assist criminal justice 19 agencies with the recordkeeping and reporting requirements of this chap- 20 ter. 21 (2) In accordance with chapter 52, title 67, Idaho Code, the department 22 may adopt rules necessary to implement the provisions of this chapter. 23 67-3004. FINGERPRINTING AND IDENTIFICATION. (1) The bureau shall: 24 (a) Obtain and file fingerprints, descriptions and any other available 25 identifying data on persons who have been arrested, taken into custody, or 26 served a criminal summons in this state for a retainable offense; 27 (b) Accept fingerprints and other identifying data taken by a law 28 enforcement agency from a person arrested, taken into custody or served a 29 criminal summons for offenses other than a retainable offense; 30 (c) Accept fingerprints and other identifying data taken in the process 31 of conducting a records review for criminal justice purposes; and 32 (d) Have the capacity to conduct crime scene investigations for the 33 detection and identification of latent fingerprints. 34 (2) The bureau shall develop an arrest fingerprint card and procedures 35 for the taking of fingerprints under this section. The department shall dis- 36 tribute the card to appropriate criminal justice agencies in the state. 37 (3) When a person is arrested for a retainable offense, with or without a 38 warrant, fingerprints of the person shall be taken by the law enforcement 39 agency with custody of the person. A law enforcement agency may contract or 40 make arrangements with a jail or correctional facility or other criminal jus- 41 tice agency to take the required fingerprints from a person who is arrested or 42 taken into custody by the law enforcement agency. 43 (4) At the initial court appearance or arraignment of a person for a fel- 44 ony offense, the prosecuting attorney shall ask the court to order a law 45 enforcement agency to fingerprint the person appearing before the court who 46 has not been previously fingerprinted for the same offense. The court shall 47 order the requested fingerprinting if it determines that such action has not 48 taken place. 49 (5) When a person is sentenced or otherwise adjudicated for a felony 50 offense, the prosecuting attorney shall ask the court to order a law enforce- 51 ment agency to fingerprint the person appearing before the court who has not 52 been fingerprinted previously for the adjudicated offense. If the court 53 determines that fingerprints have not been taken, the court shall order that 54 the person, as a condition of sentence, adjudication, suspended or withheld 4 1 imposition of sentence, probation, or release, submit to fingerprinting at the 2 appropriate jail, correctional facility or other place. 3 (6) When a person is received by a state correctional facility, the 4 department of correction shall ensure that legible fingerprints of the person 5 are taken and submitted to the department. 6 (7) When the bureau receives fingerprints of a person in connection with 7 an offense or incarceration, the department shall make a reasonable effort to 8 confirm within five (5) working days the identity of the person fingerprinted. 9 In an emergency situation when an immediate positive identification is needed, 10 a criminal justice agency may request the department to provide immediate 11 identification service. 12 (8) If the arresting officer, the law enforcement agency that employs the 13 officer, or the jail or correctional facility where fingerprints were taken is 14 notified by the department that fingerprints taken under this section are not 15 legible, the officer, agency, or facility shall make a reasonable effort to 16 obtain a legible set of fingerprints. If legible fingerprints cannot be 17 obtained within a reasonable period of time, and if illegible fingerprints 18 were taken under a court order, the officer or agency shall inform the court, 19 which shall order the defendant to submit to fingerprinting again. 20 (9) Any person who is arrested, taken into custody, or served a criminal 21 summons and who subsequently is not charged by indictment or information may 22 have the fingerprint record taken in connection with the incident expunged 23 pursuant to the person's written request directed to the department. 24 67-3005. RECORDS AND REPORTING -- DUTIES OF OTHER CRIMINAL JUSTICE AGEN- 25 CIES AND THE COURT. (1) Each criminal justice agency shall: 26 (a) Transmit to the department, when and in the manner prescribed by this 27 chapter and any rules adopted pursuant thereto, all information required 28 by section 67-3002, Idaho Code, for inclusion in the criminal history 29 records; 30 (b) Provide the department and its accredited agents access to source 31 records and files for the purpose of assessing the accuracy, completeness, 32 and timeliness of the criminal history records maintained by the depart- 33 ment; and 34 (c) Cooperate with the department so that it may properly perform the 35 duties that are mandated by this chapter. 36 (2) When a law enforcement agency or jail facility fingerprints a person 37 as required by section 67-3004, Idaho Code, the agency or facility shall ini- 38 tiate the reporting process by transmitting to the department the uniform 39 arrest fingerprint card with the fingerprint impressions and identification 40 information within ten (10) working days after the arrest, charge or court-or- 41 dered booking. A law enforcement agency or jail facility required to take 42 fingerprints shall ensure that the process control number on the uniform 43 arrest fingerprint card is transmitted to the appropriate court clerk for 44 recording in the court's automated information system. When appropriate, the 45 law enforcement agency or jail facility shall report, in a manner and in a 46 form prescribed by the department, the disposition relating to the charge or 47 arrest. 48 (3) The clerk of the court exercising jurisdiction over a case relating 49 to a retainable offense shall report the court disposition of the case to the 50 department, in a manner and format determined by the department after consul- 51 tation with and approval by the Idaho supreme court. 52 (4) The department of correction shall report, in a manner and on a form 53 prescribed by the department, information on an individual committed to and 54 released from a state correctional facility. 5 1 (5) The department of correction shall report, in a manner and on a form 2 prescribed by the department, information on an individual committed to and 3 released from its supervision as a result of probation, parole, or other judi- 4 cial action. 5 (6) With the approval of the department, a criminal justice agency or the 6 court may report required information by electronic medium either directly to 7 the department or indirectly through a sharing of information via the linkage 8 of systems or databases. 9 67-3006. REPORTING OF UNIFORM CRIME INFORMATION. A law enforcement agency 10 shall submit to the department, at the time, in the manner, and in the form 11 specified by the department, data regarding crimes committed within that 12 agency's jurisdiction. The department shall publish an annual report, avail- 13 able no later than July 1 of the following year, containing the statistical 14 information gathered under this section that relates to the number and nature 15 of criminal offenses, arrests, and clearances, and any other data the director 16 of the department finds appropriate relating to the method, frequency, cause 17 and prevention of crime. 18 67-3007. COMPLETENESS, ACCURACY AND SECURITY OF CRIMINAL HISTORY RECORDS. 19 (1) The department shall: 20 (a) Adopt reasonable procedures to ensure that criminal justice informa- 21 tion it maintains is accurate and complete; 22 (b) Notify a criminal justice agency known to have received information 23 of a material nature that is inaccurate or incomplete; 24 (c) Provide adequate procedures and facilities to protect criminal jus- 25 tice information from unauthorized access and from accidental or deliber- 26 ate damage; and 27 (d) Provide procedures for screening, supervising and disciplining 28 department personnel in order to minimize the risk of security violations. 29 (2) The department of health and welfare shall furnish monthly to the 30 department without fee a listing showing the name, date of birth, and social 31 security number of each Idaho resident who has died during the preceding 32 month. The listing shall be used only for the administration of criminal jus- 33 tice and shall not be disseminated by the department. 34 (3) The department shall review each year a sample of records held by 35 randomly selected agencies to verify adherence to the requirements of this 36 chapter and other applicable state and federal laws. 37 (4) The department is immune from any civil or criminal liability that 38 might arise based on the accuracy or completeness of any records it receives 39 from the federal bureau of investigation, if the department acts in good 40 faith. 41 67-3008. RELEASE OF CRIMINAL HISTORY RECORD INFORMATION. (1) All units of 42 state, city and local governments, as well as any agency of the state created 43 by the legislature which require by statute, rule, or local or county ordi- 44 nance, fingerprinting of applicants or licensees, are authorized to submit 45 fingerprints to the bureau of criminal identification for examination and fur- 46 ther submission, if necessary, to the federal bureau of investigation. The 47 bureau of criminal identification shall be the state's sole source of finger- 48 print submissions for criminal justice and applicant or licensing purposes to 49 the federal bureau of investigation. 50 (2) A public or private nonprofit, not-for-profit, or volunteer organiza- 51 tion may use fingerprints to access through the bureau, for comparison pur- 52 poses, criminal history records of any person who seeks employment with, is 6 1 currently employed by, or volunteers or seeks to volunteer with the organiza- 2 tion and has or may have unsupervised access to any child for whom the organi- 3 zation provides care. The background check authorized by this subsection 4 shall access the criminal history records maintained by the bureau and avail- 5 able through the federal bureau of investigation's identification and investi- 6 gative services section. The department shall establish by rule the fees and 7 procedures for conducting the background checks. For the purposes of this 8 subsection, the bureau of criminal identification is the authorized agency to 9 report, receive, or disseminate information under the "National Child Protec- 10 tion Act of 1993" (42 U.S.C. 5119 et seq.). 11 (3) The department may provide copies of or communicate information from 12 criminal history records to the following: 13 (a) Criminal justice agencies and the court; 14 (b) A person or public or private agency, upon written application on a 15 form approved by the director and provided by the department, subject to 16 the following restrictions: 17 (i) A request for criminal history data must be submitted in writ- 18 ing or as provided by rule. However, the department shall accept a 19 request presented in person if it is from an individual or an 20 individual's attorney and requests the individual's personal criminal 21 history record; 22 (ii) The request must identify a specific person by name and date of 23 birth. Fingerprints of the person named may be required to establish 24 positive identification; 25 (iii) A record of an arrest or charge that does not contain a dispo- 26 sition after twelve (12) months from the date of arrest or charge may 27 only be disseminated by the department to criminal justice agencies, 28 to the person who is the subject of the criminal history record or 29 the person's attorney, or to a person requesting the criminal history 30 information with a signed release from the subject of record; 31 (iv) Any release of criminal history data by the department shall 32 prominently display the statement: "AN ARREST WITHOUT DISPOSITION IS 33 NOT AN INDICATION OF GUILT." 34 (4) Requests for criminal history record information from criminal jus- 35 tice agencies and the court shall take precedence over all other requests. 36 The department shall adopt rules to set forth the manner by which criminal 37 justice agencies and courts without direct terminal access to the law enforce- 38 ment telecommunications network established by section 19-5202, Idaho Code, 39 may request Idaho criminal history record information. 40 (5) Unless otherwise provided by law, access authorized under this sec- 41 tion to criminal history records does not create a duty upon a person, 42 employer, private agency, or public agency to examine the criminal history 43 record of an applicant, employee or volunteer. 44 (6) A person or private agency, or public agency, other than the depart- 45 ment, shall not disseminate criminal history record information obtained from 46 the department to a person or agency that is not a criminal justice agency or 47 a court. 48 (7) Direct terminal access to criminal history record information is regu- 49 lated by chapter 52, title 19, Idaho Code, and the rules adopted pursuant to 50 that chapter. 51 67-3009. CRIMINAL PENALTIES. (1) It is unlawful for a person for personal 52 gain to willfully request, obtain, or seek to obtain criminal history records 53 under false pretenses; willfully communicate or seek to communicate criminal 54 history records to any agency or person not authorized to receive the informa- 7 1 tion by law; or willfully falsify criminal history information. A violation 2 of this subsection is a misdemeanor. 3 (2) It is unlawful for a person to solicit, accept or agree to accept 4 from another any pecuniary benefit as consideration for falsifying criminal 5 history records or for requesting, obtaining, or seeking to obtain criminal 6 history records for a purpose not authorized by law. A violation of this sub- 7 section is a felony, and the punishment shall be a fine up to ten thousand 8 dollars ($10,000) and imprisonment in a state prison not exceeding five (5) 9 years. 10 67-3010. FEES AUTHORIZED. The department by rule shall establish and col- 11 lect fees for taking fingerprints and for processing a request for criminal 12 record review when the purpose is other than the administration of criminal 13 justice or except when the information is requested by the court. The 14 department may also collect and account for fees charged by the federal bureau 15 of investigation (FBI) for processing fingerprints forwarded to the FBI by the 16 department. 17 67-3011. NONCOMPLIANCE WITH REPORTING REQUIREMENTS. (1) If any criminal 18 justice agency subject to the fingerprinting and reporting requirements under 19 section 67-3005, Idaho Code, fails to comply with such requirements, the 20 director may order the bureau to deny the agency access to criminal history 21 records until the agency comes into compliance with reporting requirements 22 prescribed by this chapter. 23 (2) On the request of a criminal justice agency, the department may pro- 24 vide the agency with technical staff assistance to achieve or maintain compli- 25 ance with reporting requirements. 26 SECTION 3. That Chapter 3, Title 9, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION , to be 28 known and designated as Section 9-340G, Idaho Code, and to read as follows: 29 9-340G. EXEMPTION FROM DISCLOSURE -- CRIMINAL HISTORY RECORDS. Criminal 30 history records, as defined by section 67-3001(4), Idaho Code, and compiled by 31 the department of law enforcement, are exempt from disclosure and shall be 32 released only in accordance with chapter 30, title 67, Idaho Code. 33 SECTION 4. That Section 18-8306, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 18-8306. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) When a 36 person is sentenced for an offense identified in section 18-8304, Idaho Code, 37 the prosecuting attorney shall seek and the court shall order a designated law 38 enforcement agency to immediately fingerprint that person unless the person 39 has been fingerprinted and photographed previously for the same offense. 40 Fingerprints and photographs may be taken at the jail or correctional facility 41 to which the person is remanded or sentenced. The fingerprints and photographs 42 taken pursuant to this subsection shall be submitted to the department as pro- 43 vided in section 67-29113005 , Idaho Code. 44 (2) A person convicted of an offense identified in section 18-8304, Idaho 45 Code, and released on probation without a sentence of incarceration in a 46 county jail or correctional facility, including release pursuant to a withheld 47 judgment or release from any mental institution, shall be notified by the sen- 48 tencing court of the duty to register pursuant to the provisions of this chap- 49 ter. The written notification shall be a form provided by the department and 8 1 approved by the attorney general and shall be signed by the defendant. The 2 court shall retain one (1) copy, provide one (1) copy to the offender, and 3 submit one (1) copy to the central registry within three (3) working days of 4 release. 5 (3) With respect to an offender convicted of a sexual offense identified 6 in section 18-8304, Idaho Code, and sentenced to a period of incarceration in 7 a jail or correctional facility and subsequently released, placed on proba- 8 tion, or paroled, the department of correction or jail shall provide, prior to 9 release from confinement, written notification of the duty to register. The 10 written notification shall be a form provided by the department and approved 11 by the attorney general and shall be signed by the offender. The department of 12 correction or jail shall retain one (1) copy, provide one (1) copy to the 13 offender, and submit one (1) copy to the central registry within three (3) 14 working days of release. 15 (4) The sheriff of each county shall provide written notification, on a 16 form provided by the department of transportation and approved by the attorney 17 general, of the registration requirements of this chapter to any person who 18 enters this state from another jurisdiction and makes an application for a 19 license to operate a motor vehicle in this state. The written notice shall be 20 signed by the person and one (1) copy shall be retained by the sheriff's 21 office and one (1) copy shall be provided to the person. 22 (5) Notification of the duty to register as set forth in subsections (2) 23 and (3) of this section shall constitute an initial registration for the pur- 24 pose of establishing a record in the central registry. 25 (6) The notification form provided by the department and approved by the 26 attorney general shall: 27 (a) Explain the duty to register, the procedure for registration and pen- 28 alty for failure to comply with registration requirements; 29 (b) Inform the offender of the requirement to provide notice of any 30 change of address within Idaho or to another state within five (5) days of 31 such change; 32 (c) Inform the offender of the requirement to register in a new state 33 within ten (10) days of changing residence to that state; and 34 (d) Obtain from the offender and agency or court, information required 35 for initial registration in the central registry, as prescribed by rules 36 promulgated by the department. 37 (7) The official conducting the notice and initial registration shall 38 ensure that the notification form is complete, that the offender has read and 39 signed the form, and that a copy is forwarded to the central repository within 40 the required time period. 41 (8) Information required for initial registration in the central registry 42 shall include, but is not limited to: name and aliases of the offender; social 43 security number; physical descriptors; current address or physical description 44 of current residence; offense for which convicted, sentence and conditions of 45 release; treatment or counseling received; and risk assessment or special cat- 46 egory of offender. 47 (9) No person subject to registration shall willfully furnish false or 48 misleading information when complying with registration and notification 49 requirements of this chapter.
STATEMENT OF PURPOSE
RS08417
The purpose of this proposed legislation is to provide a strong
statutory foundation for the state's central repository of
fingerprints and criminal history data. It provides for the
collection, storage and dissemination of criminal history and
related law enforcement information. To ensure accountability, it
defines the data elements of an individual's criminal history and
specifies reporting responsibilities. To promote record accuracy
and completeness, it authorizes periodic data quality reviews and
sanctions for noncompliance with reporting requirements. It
establishes an expanded criteria for conducting background checks
based on a subject's name or fingerprints through access to the
highly sensitive and changeable criminal history information. It
provides penalties for misuse of criminal history records.
The current statute has changed little since 1972. The last
decade, however, has seen enormous changes in the use of, and
attitude towards, automated information. Arrest and disposition
data and fingerprint images are now being transmitted
electronically to the central repository. In recent years,
numerous laws have been enacted at the state and federal levels to
greatly expand background check requirements for certain
professions and positions of trust. Significant statutory revision
is needed to reflect these technological and policy changes.
FISCAL IMPACT
The proposed legislation does not require activities that are
additional to any not already being performed by criminal justice
agencies and the courts. No fiscal impact is therefore envisioned
for those agencies and the courts currently submitting fingerprints
and criminal history information to the central repository.
The training and data quality review of reporting agencies by
existing staff would incur additional travel expenses, which are
estimated at $5,000 annually. These expenses, however, would be
defrayed by ongoing federal grant funds dedicated to criminal
history record improvement.
CONTACT
Name: John Lewis, Assistant Director
Agency: Department of Law Enforcement
Phone: 884-7100
Statement of Purpose/Fiscal Impact H003