1999 Legislation
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HOUSE BILL NO. 348 – Criminal history records repository


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H0348.....................................................by WAYS AND MEANS
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.

03/08    House intro - 1st rdg - to printing
03/09    Rpt prt - to Jud
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 63-0-7
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader, Marley,
      McKague, Montgomery, Mortensen, Moyle, Pomeroy, Reynolds, Ridinger,
      Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
      Williams, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Bieter, Crow, Ellsworth, Hammond, Meyer,
      Pischner, Mr Speaker
    Floor Sponsor - Smith
    Title apvd - to Senate
03/15    Senate intro - 1st rdg - to Jud
03/17    Rpt out - rec d/p - to 2nd rdg
03/18    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 30-0-5
      AYES--Andreason, Boatright, Branch,  Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram,
      Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Stennett, Wheeler, Whitworth
      Absent and excused--Crow, Danielson, Parry, Thorne, Twiggs
    Floor Sponsor - Ingram
    Title apvd - to House - to enrol
03/22    Rpt enrol - Sp signed - Pres signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 249
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 348

                               BY WAYS AND MEANS COMMITTEE

 1                                        AN ACT
 3        67-2909, 67-2910, 67-2911 AND 67-2912,  IDAHO  CODE;  AMENDING  TITLE  67,

19    Be It Enacted by the Legislature of the State of Idaho:

20        SECTION 1.  That Sections 67-2909, 67-2910,  67-2911  and  67-2912,  Idaho
21    Code, be, and the same are hereby repealed.

22        SECTION  2.  That Title 67, Idaho Code, be, and the same is hereby amended
23    by the addition thereto of a  NEW CHAPTER , to be known and  desig-
24    nated as Chapter 30, Title 67, Idaho Code, and to read as follows:

25                                      CHAPTER 30

27        67-3001.  DEFINITIONS. As used in this act:
28        (1)  "Administration  of criminal justice" means performance of any of the
29    following activities: detection, apprehension,  detention,  pretrial  release,
30    posttrial  release,  prosecution,  adjudication,  correctional supervision, or
31    rehabilitation of accused persons or criminal offenders. The administration of
32    criminal justice includes criminal identification activities and  the  collec-
33    tion, storage and dissemination of criminal history record information.
34        (2)  "Bureau"  means  the  bureau  of criminal identification in the Idaho
35    department of law enforcement.
36        (3)  "Court" means any court created by the constitution and laws  of  the
37    state of Idaho; and clerks of the district court.
38        (4)  "Criminal  history  records" means physical and automated information
39    on individuals collected and maintained by the department of  law  enforcement
40    as  a  result  of  arrest or the initiation of a criminal proceeding by felony
41    summons or information. A criminal history  record  includes,  as  defined  by


 1    department  rule,  any  or  all  of the following information relating to each
 2    event that is subject to fingerprinting under section 67-3004, Idaho Code:
 3        (a)  Information relating to offenders;
 4        (b)  Information relating to arrests;
 5        (c)  Information relating to prosecutions;
 6        (d)  Information relating to the disposition of cases by courts;
 7        (e)  Information relating to sentencing;
 8        (f)  Information relating to probation and parole status; and
 9        (g)  Information relating to offenders received by a correctional  agency,
10        facility or other institution.
11    The term shall not include statistical or analytical records, reports in which
12    individuals  are not identified and from which their identities are not ascer-
13    tainable, criminal intelligence information or criminal investigative informa-
14    tion, and source information or records maintained  by  and  held  at  another
15    criminal justice agency or the court.
16        (5)  "Criminal  justice agency" means a governmental agency or subdivision
17    of a government entity that performs the administration  of  criminal  justice
18    pursuant  to a statute, and that allocates a substantial portion of its budget
19    to the administration of criminal justice.
20        (6)  "Department" means the Idaho department of law enforcement.
21        (7)  "Director" means the director of the Idaho department of law enforce-
22    ment.
23        (8)  "Disposition" means the formal or informal conclusion of  a  criminal
24    proceeding at whatever stage it occurs in the criminal justice system.
25        (9)  "Fingerprints"  means  the  fingerprint  impressions submitted to and
26    compiled by the bureau, in a manual or automated  form,  pursuant  to  section
27    67-3004, Idaho Code.
28        (10) "Pecuniary  benefit"  means  any benefit to a person or member of his
29    household in the form of money, property or commercial interests, the  primary
30    significance of which is economic gain.
31        (11) "Retainable offense" means:
32        (a)  A felony; or
33        (b)  A  serious  misdemeanor  as  defined  by  rule  adopted under section
34        67-3003(2), Idaho Code.
35        (12) "Subject of record" means the person who is or  may  be  the  primary
36    subject  of  a record of criminal justice information or any representative of
37    the person designated by power of attorney or notarized authorization.
38        (13) "Working day" means each day except  Saturday,  Sunday,  or  a  legal
39    state holiday.

41    itive  identification  and system integrity, criminal history records shall be
42    supported by fingerprints, which may be maintained manually, electronically or
43    on optical disk. The records shall be linked to an automated fingerprint iden-
44    tification system. For the purpose of including prescribed information catego-
45    ries, the system may be linked with databases maintained by other state  agen-
46    cies.  Whenever  possible,  the  reporting  of information by criminal justice
47    agencies relating to the categories identified in  section  67-3001(4),  Idaho
48    Code,  shall be conducted electronically or by magnetic medium. Any technology
49    used in this process will conform to the standards, guidelines and conventions
50    established by the information technology resource management council.

51        67-3003.  DUTIES OF THE DEPARTMENT. (1) The department shall  establish  a
52    bureau of criminal identification to:
53        (a)  Serve as the state's central repository of criminal history records;


 1        (b)  Conduct  criminal  background checks as authorized by law or rule and
 2        provide fingerprint identification services;
 3        (c)  Obtain and  electronically  file  information  relating  to  in-state
 4        stolen vehicles and in-state wanted persons;
 5        (d)  Establish  and  maintain an automated fingerprint identification sys-
 6        tem;
 7        (e)  Establish a uniform crime reporting system for the  periodic  collec-
 8        tion and reporting of crimes, and compile and publish statistics and other
 9        information on the nature and extent of crime in the state;
10        (f)  Maintain,  pursuant to department rule, other identification informa-
11        tion, which may include, but is not limited to,  palm  prints  and  photo-
12        graphs;
13        (g)  Cooperate  with  other  criminal justice agencies of the state, state
14        and federal courts, the criminal records repositories of other states, the
15        federal bureau of investigation criminal justice information services, the
16        national law enforcement telecommunications system, and other  appropriate
17        agencies  and  systems,  in  the  operation of an effective interstate and
18        national system of criminal identification, records and statistics; and
19        (h)  Develop and implement a training program to assist  criminal  justice
20        agencies  with  the recordkeeping and reporting requirements of this chap-
21        ter.
22        (2)  In accordance with chapter 52, title 67, Idaho Code,  the  department
23    may  adopt  rules necessary to implement the provisions of this chapter. Rules
24    relating to information maintained and reported by the  court  shall  be  made
25    after consultation with and approval by the Idaho supreme court.

26        67-3004.  FINGERPRINTING AND IDENTIFICATION. (1) The bureau shall:
27        (a)  Obtain  and  file  fingerprints,  physical descriptions and any other
28        available identifying data on persons who have been arrested or  served  a
29        criminal summons in this state for a retainable offense;
30        (b)  Accept  fingerprints  and  other  identifying  data  taken  by  a law
31        enforcement agency for the  purpose  of  identification  or  conducting  a
32        records review for criminal justice purposes; and
33        (c)  Have  the  capacity  to  conduct  crime  scene investigations for the
34        detection and identification of latent fingerprints.
35        (2)  The bureau shall establish policy  regarding  an  arrest  fingerprint
36    card and procedures for the taking of fingerprints under this section.
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 making the arrest. A  law  enforcement  agency  may  contract  or  make
40    arrangements  with  a  jail or correctional facility or other criminal justice
41    agency to take the required fingerprints from a person who is arrested by  the
42    law enforcement agency.
43        (4)  If  a  person was arrested and is in the custody of a law enforcement
44    agency, jail or correctional facility and a felony summons or  information  is
45    filed for an offense separate from the offense for which the person is in cus-
46    tody, the agency, jail or correctional facility shall take the fingerprints of
47    the person in connection with the new offense.
48        (5)  At  the  initial  court  appearance or arraignment of a person for an
49    offense pursuant to a felony summons or information, the  court,  upon  notice
50    from the prosecuting attorney, shall order a law enforcement agency to finger-
51    print  the  person  if  he  has not been previously fingerprinted for the same
52    offense.
53        (6)  When a defendant is convicted or otherwise adjudicated for  a  felony
54    offense  for  which  the  defendant has not been previously fingerprinted, the


 1    court shall order, upon notice from the prosecuting attorney, a  law  enforce-
 2    ment agency to fingerprint the defendant as a condition of sentence, probation
 3    or release.
 4        (7)  When  a  person  is  received  by  a state correctional facility, the
 5    department of correction shall ensure that legible fingerprints of the  person
 6    are taken and submitted to the bureau.
 7        (8)  When  the bureau receives fingerprints of a person in connection with
 8    an arrest or incarceration, the bureau shall make a reasonable effort to  con-
 9    firm  within  five (5)  working days the identity of the person fingerprinted.
10    In an emergency situation when an immediate positive identification is needed,
11    a criminal justice agency may request  the  department  to  provide  immediate
12    identification service.
13        (9)  If the arresting officer, the law enforcement agency that employs the
14    officer, or the jail or correctional facility where fingerprints were taken is
15    notified by the bureau that fingerprints taken under this section are not leg-
16    ible, the officer, agency or facility shall make a reasonable effort to obtain
17    a  legible  set  of  fingerprints.  If legible fingerprints cannot be obtained
18    within a reasonable period of time, and if illegible fingerprints  were  taken
19    under a court order, the officer or agency shall inform the court, which shall
20    order the defendant to submit to fingerprinting again.
21        (10) Any person who was arrested or served a criminal summons and who sub-
22    sequently  was not charged by indictment or information within one (1) year of
23    the arrest or summons and any person who was acquitted of all offenses arising
24    from an arrest or criminal summons may have the fingerprint and criminal  his-
25    tory  record  taken  in  connection with the incident expunged pursuant to the
26    person's written request directed to the department.

28    CIES AND THE COURT. (1) Each criminal justice agency shall:
29        (a)  Transmit to the department, when and in the manner prescribed by this
30        chapter or any rules adopted pursuant thereto, all information required by
31        section  67-3001(4),  Idaho  Code,  for  inclusion in the criminal history
32        records;
33        (b)  Provide the department and its accredited  agents  access  to  source
34        records  and files for the purpose of assessing the accuracy, completeness
35        and timeliness of the criminal history records maintained by  the  depart-
36        ment; and
37        (c)  Cooperate  with  the  department  so that it may properly perform the
38        duties that are mandated by this chapter.
39        (2)  When a law enforcement agency or jail facility fingerprints a  person
40    as  required by section 67-3004, Idaho Code, the agency or facility shall ini-
41    tiate the reporting process by transmitting to the department  the  authorized
42    and  fully  completed  arrest  fingerprint card and identification information
43    within ten (10) working days after the arrest,  arraignment  or  court-ordered
44    fingerprinting.  A  law  enforcement  agency or jail facility required to take
45    fingerprints shall ensure that the process control number on the  arrest  fin-
46    gerprint   card is transmitted to the appropriate court clerk for recording in
47    the court's automated information system. When appropriate, the  law  enforce-
48    ment  agency  or  jail  facility  shall report, in a manner and in a form pre-
49    scribed by the department, the disposition relating to the charge or arrest.
50        (3)  The clerk of the court exercising jurisdiction over a  case  relating
51    to  a retainable offense shall report the court disposition of the case to the
52    department, in a manner and format determined by the department after  consul-
53    tation with and approval by the Idaho supreme court.
54        (4)  The  department of correction shall report, in a manner and on a form


 1    prescribed by the department, information on an individual  committed  to  and
 2    released from a state correctional facility.
 3        (5)  The  department of correction shall report, in a manner and on a form
 4    prescribed by the department, information on an individual  committed  to  and
 5    released  from its supervision as a result of probation, parole or other judi-
 6    cial action.
 7        (6)  With the approval of the department, a criminal justice agency or the
 8    court may report required information by electronic medium either directly  to
 9    the  department or indirectly through a sharing of information via the linkage
10    of automated systems or databases.

11        67-3006.  REPORTING OF UNIFORM CRIME INFORMATION. A law enforcement agency
12    shall submit to the department, at the time, in the manner, and  in  the  form
13    prescribed  by  the  department,  data  regarding crimes committed within that
14    agency's jurisdiction. The department shall publish an annual  report,  avail-
15    able  no  later  than July 1 of the following year, containing the statistical
16    information gathered under this section that relates to the number and  nature
17    of criminal offenses, arrests, and clearances, and any other data the director
18    determines to be appropriate relating to the method, frequency, cause and pre-
19    vention of crime.

21    (1) The department shall:
22        (a)  Adopt  reasonable procedures to ensure that criminal justice informa-
23        tion it maintains is accurate and complete;
24        (b)  Notify a criminal justice agency or persons known  to  have  received
25        information of a material nature that is inaccurate or incomplete;
26        (c)  Provide  adequate  procedures and facilities to protect criminal jus-
27        tice information from unauthorized access and from accidental or  deliber-
28        ate damage; and
29        (d)  Provide   procedures  for  screening,  supervising  and  disciplining
30        department personnel in order to minimize the risk of security violations.
31        (2)  The department shall, by rule,  adopt  procedures  for  a  person  to
32    review  and  challenge the accuracy and completeness of an Idaho criminal his-
33    tory record pertaining to that person.  The rules shall provide  for  adminis-
34    trative review of any challenge and the necessary correction of inaccurate and
35    incomplete information.
36        (3)  The  department  of  health  and welfare shall furnish monthly to the
37    department without fee a listing showing the name, date of birth,  and  social
38    security  number  of  each  Idaho  resident  who has died during the preceding
39    month. The listing shall be used only for the administration of criminal  jus-
40    tice and shall not be disseminated by the department.
41        (4)  The  department  shall  review  each year a sample of records held by
42    randomly selected agencies to verify adherence to  the  requirements  of  this
43    chapter and other applicable state and federal laws.
44        (5)  The department is immune from any civil or criminal liability arising
45    from  the accuracy or completeness of any records it receives from the federal
46    bureau of investigation or another state central repository, if the department
47    acts in good faith.

48        67-3008.  RELEASE OF CRIMINAL HISTORY RECORD INFORMATION. (1) All units of
49    state, city and local governments, as well as any agency of the state  created
50    by  the  legislature  which require by statute, rule, or local or county ordi-
51    nance, fingerprinting of applicants or licensees,  are  authorized  to  submit
52    fingerprints  to  the bureau for examination and further submission, if neces-


 1    sary, to the federal bureau of investigation. The bureau shall be the  state's
 2    sole  source  of fingerprint submissions for criminal justice and applicant or
 3    licensing purposes to the federal bureau of investigation.
 4        (2)  The department shall provide copies  of  or  communicate  information
 5    from criminal history records to the following:
 6        (a)  Criminal justice agencies and the court;
 7        (b)  A  person  or public or private agency, upon written application on a
 8        form approved by the director and provided by the department,  subject  to
 9        the following restrictions:
10             (i)   A  request  for  criminal  history records must be submitted in
11             writing or as provided by rule. However, the department shall  accept
12             a request presented in person by the subject of the record; and
13             (ii)  The request must identify a specific person by name and date of
14             birth.  Fingerprints of the person named may be required to establish
15             positive identification; and
16             (iii) Responding to the request does not interfere  with  the  secure
17             and  orderly  conduct  of  the department and would not substantially
18             prejudice or prevent the carrying out of the functions of the depart-
19             ment; and
20             (iv)  A record of an arrest that does not contain a disposition after
21             twelve (12) months from the date of arrest may only  be  disseminated
22             by the department to criminal justice agencies, to the subject of the
23             record,  or  to  a person requesting the criminal history information
24             with a signed release from the subject of the record; and
25             (v)   Any release of criminal history data by  the  department  shall
26             prominently  display the statement: "AN ARREST WITHOUT DISPOSITION IS
28        (3)  Judicial review of the department's denial of a request  for  records
29    shall be in accordance with the provisions of section 9-343, Idaho Code.
30        (4)  A  request for a criminal history record by a criminal justice agency
31    or a court shall take precedence over all other requests. The department shall
32    adopt rules to set forth the manner by which  criminal  justice  agencies  and
33    courts  without  direct  terminal access to the law enforcement telecommunica-
34    tions network established by section 19-5202, Idaho Code,  may  request  Idaho
35    criminal history record information.
36        (5)  Unless  otherwise  provided by law, access authorized under this sec-
37    tion to criminal history records  does  not  create  a  duty  upon  a  person,
38    employer,  private  agency,  or  public agency to examine the criminal history
39    record of an applicant, employee or volunteer.
40        (6)  A person or private agency, or public agency, other than the  depart-
41    ment,  shall not disseminate criminal history record information obtained from
42    the department  to a person or agency that is not a criminal justice agency or
43    a court without a signed release of the subject of record or unless  otherwise
44    provided by law.
45        (7)  Direct terminal access to criminal history record information is reg-
46    ulated  by chapter 52, title 19, Idaho Code, and the rules adopted pursuant to
47    that chapter.

48        67-3009.  CRIMINAL PENALTIES. (1) It is unlawful for a person for personal
49    gain to request, obtain, or attempt to obtain criminal history  records  under
50    false  pretenses  or  willfully communicate or attempt to communicate criminal
51    history records to any agency or person not authorized to receive the informa-
52    tion by law. A violation of this subsection is a misdemeanor.
53        (2)  It is unlawful for a person to willfully solicit, accept or agree  to
54    accept  from  another  any pecuniary benefit as consideration for either will-


 1    fully falsifying criminal history records or for willfully requesting, obtain-
 2    ing, or seeking to obtain criminal history records for a  purpose  not  autho-
 3    rized  by  law. A violation of this subsection is a felony, and the punishment
 4    shall be a fine up to ten thousand dollars ($10,000)  and  imprisonment  in  a
 5    state prison not exceeding five (5) years.

 6        67-3010.  FEES  AUTHORIZED.  The  department, by rule, shall establish and
 7    collect fees for taking fingerprints and for processing a request for criminal
 8    record review when the purpose is other than the  administration  of  criminal
 9    justice.  The  department may also collect and account for fees charged by the
10    federal bureau of investigation for processing fingerprints forwarded  to  the
11    federal bureau of investigation by the department.

12        67-3011.  NONCOMPLIANCE  WITH  REPORTING REQUIREMENTS. (1) If any criminal
13    justice agency subject to the fingerprinting and reporting requirements  under
14    section  67-3005,  Idaho  Code,  fails  to  comply with such requirements, the
15    director may order the bureau to deny the agency access  to  criminal  history
16    records  until  the  agency  comes into compliance with reporting requirements
17    prescribed by this chapter.
18        (2)  On the request of a criminal justice agency, the department may  pro-
19    vide the agency with technical staff assistance to achieve or maintain compli-
20    ance with reporting requirements.

21        SECTION  3.  That Section 9-340B, Idaho Code, as added by Section 3, House
22    Bill No. 93, enacted by the First Regular Session  of  the  Fifty-fifth  Idaho
23    Legislature, be, and the same is hereby amended to read as follows:

26    exempt from disclosure:
27        (1)  Investigatory records of a law enforcement agency, as defined in sec-
28    tion  9-337(5),  Idaho  Code, under the conditions set forth in section 9-335,
29    Idaho Code.
30        (2)  Juvenile records of a person maintained pursuant to chapter 5,  title
31    20, Idaho Code, except that facts contained in such records shall be furnished
32    upon  request  in a manner determined by the court to persons and governmental
33    and private agencies and institutions conducting pertinent research studies or
34    having a legitimate interest in the protection, welfare and treatment  of  the
35    juvenile  who  is  thirteen  (13) years of age or younger.  If the juvenile is
36    petitioned or charged with  an offense which would be a  criminal  offense  if
37    committed  by an adult, the name, offense of which the juvenile was petitioned
38    or charged and disposition of the court shall be subject to disclosure as pro-
39    vided in section 20-525, Idaho Code.  Additionally,  facts  contained  in  any
40    records  of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
41    be furnished upon request  to  any  school  district  where  the  juvenile  is
42    enrolled or is seeking enrollment.
43        (3)  Records  of the department of correction or the commission of pardons
44    and parole to the extent that disclosure  thereof  would  interfere  with  the
45    secure  and  orderly conduct of their operations, or the rehabilitation of any
46    person in the custody of the department of correction or on parole,  or  would
47    substantially  prejudice  or  prevent the carrying out of the functions of the
48    department of correction or the commission of pardons and parole if the public
49    interest in confidentiality clearly outweighs the public interest  in  disclo-
50    sure.  Records  exempt  from  disclosure shall include, but not be limited to,
51    those containing the names and addresses of witnesses or victims or those con-


 1    taining information identifying victims or witnesses.
 2        (4)  Voting records of the sexual offender classification board. In accor-
 3    dance with section 18-8315, Idaho Code, the written  record  of  the  vote  to
 4    classify an offender as a violent sexual predator by each board member in each
 5    case reviewed by that board member shall be exempt from disclosure to the pub-
 6    lic  and shall be made available upon request only to the governor, the chair-
 7    man of the senate judiciary and rules committee, and the chairman of the house
 8    of representatives judiciary, rules and administration committee, for all law-
 9    ful purposes.
10        (5)  Records of the sheriff or department of law enforcement  received  or
11    maintained  pursuant  to section 18-3302, Idaho Code, relating to an applicant
12    or licensee.
13        (6)  Records of investigations prepared by the department  of  health  and
14    welfare pursuant to its statutory responsibilities dealing with the protection
15    of children, the rehabilitation of youth, adoptions and the commitment of men-
16    tally ill persons.
17        (7)  Records including, but not limited to, investigative reports, result-
18    ing  from  investigations  conducted into complaints of discrimination made to
19    the Idaho human rights commission  unless  the  public  interest  in  allowing
20    inspection and copying of such records outweighs the legitimate public or pri-
21    vate  interest  in  maintaining  confidentiality of such records. A person may
22    inspect and copy documents from an investigative file to which he or she is  a
23    named  party if such documents are not otherwise prohibited from disclosure by
24    federal law or regulation or state law. The confidentiality of this subsection
25    will no longer apply to any record used in any judicial proceeding brought  by
26    a  named party to the complaint or investigation, or by the Idaho human rights
27    commission, relating to the complaint of discrimination.
28        (8)  Records containing information obtained by the manager of  the  Idaho
29    state  insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or on
30    behalf of employers or employees contained in underwriting and claims for ben-
31    efits files.
32        (9)  The worker's compensation records of the Idaho industrial  commission
33    provided that the industrial commission shall make such records available:
34        (a)  To  the  parties in any worker's compensation claim and to the indus-
35        trial special indemnity fund of the state of Idaho; or
36        (b)  To employers and prospective employers subject to the  provisions  of
37        the  Americans  with disabilities act, 42 U.S.C. 12112, or other statutory
38        limitations, who certify that the  information  is  being  requested  with
39        respect  to a worker to whom the employer has extended an offer of employ-
40        ment and will be used in accordance with the provisions of  the  Americans
41        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
42        (c)  To  employers and prospective employers not subject to the provisions
43        of the Americans with disabilities act, 42 U.S.C. 12112, or  other  statu-
44        tory  limitations,  provided the employer presents a written authorization
45        from the person to whom the records pertain; or
46        (d)  To others who  demonstrate  that  the  public  interest  in  allowing
47        inspection  and  copying  of  such records outweighs the public or private
48        interest in maintaining the confidentiality of such records, as determined
49        by a civil court of competent jurisdiction.
50        (10) Records of investigations compiled by the commission on aging involv-
51    ing vulnerable adults, as defined in section 18-1505, Idaho Code,  alleged  to
52    be abused, neglected or exploited.
53          (11) Criminal  history records and fingerprints, as defined by sec-
54    tion 67-3001, Idaho Code, and compiled by the department of  law  enforcement.
55    Such  records  shall be released only in accordance with chapter 30, title 67,


 1    Idaho Code. 

 2        SECTION 4.  That Section 18-8306, Idaho Code, be, and the same  is  hereby
 3    amended to read as follows:

 5    person is sentenced for an offense identified in section 18-8304, Idaho  Code,
 6    the prosecuting attorney shall seek and the court shall order a designated law
 7    enforcement  agency  to  immediately fingerprint that person unless the person
 8    has been fingerprinted and  photographed  previously  for  the  same  offense.
 9    Fingerprints and photographs may be taken at the jail or correctional facility
10    to which the person is remanded or sentenced. The fingerprints and photographs
11    taken pursuant to this subsection shall be submitted to the department as pro-
12    vided in section 67- 2911  3005 , Idaho Code.
13        (2)  A person convicted of an offense identified in section 18-8304, Idaho
14    Code,  and  released  on  probation  without  a sentence of incarceration in a
15    county jail or correctional facility, including release pursuant to a withheld
16    judgment or release from any mental institution, shall be notified by the sen-
17    tencing court of the duty to register pursuant to the provisions of this chap-
18    ter. The written notification shall be a form provided by the  department  and
19    approved  by  the  attorney  general and shall be signed by the defendant. The
20    court shall retain one (1) copy, provide one (1) copy  to  the  offender,  and
21    submit  one  (1) copy to the central registry within three (3) working days of
22    release.
23        (3)  With respect to an offender convicted of a sexual offense  identified
24    in  section 18-8304, Idaho Code, and sentenced to a period of incarceration in
25    a jail or correctional facility and subsequently released,  placed  on  proba-
26    tion, or paroled, the department of correction or jail shall provide, prior to
27    release  from  confinement,  written notification of the duty to register. The
28    written notification shall be a form provided by the department  and  approved
29    by the attorney general and shall be signed by the offender. The department of
30    correction  or  jail  shall  retain  one (1) copy, provide one (1) copy to the
31    offender, and submit one (1) copy  to the central registry  within  three  (3)
32    working days of release.
33        (4)  The  sheriff  of each county shall provide written notification, on a
34    form provided by the department of transportation and approved by the attorney
35    general, of the registration requirements of this chapter to  any  person  who
36    enters  this  state  from  another jurisdiction and makes an application for a
37    license to operate a motor vehicle in this state. The written notice shall  be
38    signed  by  the  person  and  one  (1) copy shall be retained by the sheriff's
39    office and one (1) copy shall be provided to the person.
40        (5)  Notification of the duty to register as set forth in subsections  (2)
41    and  (3) of this section shall constitute an initial registration for the pur-
42    pose of establishing a record in the central registry.
43        (6)  The notification form provided by the department and approved by  the
44    attorney general shall:
45        (a)  Explain the duty to register, the procedure for registration and pen-
46        alty for failure to comply with registration requirements;
47        (b)  Inform  the  offender  of  the  requirement  to provide notice of any
48        change of address within Idaho or to another state within five (5) days of
49        such change;
50        (c)  Inform the offender of the requirement to register  in  a  new  state
51        within ten (10) days of changing residence to that state; and
52        (d)  Obtain  from  the  offender and agency or court, information required
53        for initial registration in the central registry, as prescribed  by  rules


 1        promulgated by the department.
 2        (7)  The  official  conducting  the  notice and initial registration shall
 3    ensure that the notification form is complete, that the offender has read  and
 4    signed the form, and that a copy is forwarded to the central repository within
 5    the required time period.
 6        (8)  Information required for initial registration in the central registry
 7    shall include, but is not limited to: name and aliases of the offender; social
 8    security number; physical descriptors; current address or physical description
 9    of current residence; offense for which  convicted, sentence and conditions of
10    release; treatment or counseling received; and risk assessment or special cat-
11    egory of offender.
12        (9)  No  person  subject  to registration shall willfully furnish false or
13    misleading information  when  complying  with  registration  and  notification
14    requirements of this chapter.

Statement of Purpose / Fiscal Impact

                         STATEMENT OF PURPOSE

The purpose of this 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 NOTE

The proposed legislation does not require activities that are
additional to any not already being performed by criminal justice
agencies and the courts. Therefore, no fiscal impact is 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. The expenses, however, would be
defrayed by ongoing federal grant funds dedicated to criminal
history record improvement.

CONTACT: Jerry Brannan, Bureau Chief
        Bureau of Criminal Identification
        (208) 884-7135
                                      STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No.  H 348