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HOUSE BILL NO. 348
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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
|||| 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
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 REQUIRE THAT CRIMINAL HISTORY RECORDS BE SUPPORTED BY
6 FINGERPRINTS, TO PROVIDE DUTIES OF THE DEPARTMENT OF LAW ENFORCEMENT, TO
7 ESTABLISH PROCEDURES FOR FINGERPRINTING AND IDENTIFICATION FOR CRIMINAL
8 JUSTICE PURPOSES, TO PROVIDE REPORTING REQUIREMENTS FOR CRIMINAL JUSTICE
9 AGENCIES, TO PROVIDE FOR REPORTING OF UNIFORM CRIME INFORMATION, TO ESTAB-
10 LISH PROCEDURES ENSURING COMPLETE, ACCURATE AND SECURE INFORMATION, TO
11 PROVIDE FOR THE RELEASE AND AUTHORIZED USE OF CRIMINAL HISTORY INFORMA-
12 TION, TO PROVIDE CRIMINAL PENALTIES, TO AUTHORIZE FEES FOR NONCRIMINAL
13 JUSTICE SERVICES AND TO PROVIDE FOR NONCOMPLIANCE WITH REPORTING REQUIRE-
14 MENTS; AMENDING SECTION 9-340B, IDAHO CODE, AS ADDED BY SECTION 3, HOUSE
15 BILL NO. 93, ENACTED BY THE FIRST REGULAR SESSION OF THE FIFTY-FIFTH IDAHO
16 LEGISLATURE, TO EXEMPT FROM DISCLOSURE CRIMINAL HISTORY RECORDS MAINTAINED
17 PURSUANT TO THE ACT; AND AMENDING SECTION 18-8306, IDAHO CODE, TO PROVIDE
18 A CORRECT CITATION.
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
26 CRIMINAL HISTORY RECORDS AND CRIME INFORMATION
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-
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.
40 67-3002. POSITIVE IDENTIFICATION -- FINGERPRINTS REQUIRED. To ensure pos-
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-
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-
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-
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
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.
27 67-3005. RECORDS AND REPORTING -- DUTIES OF OTHER CRIMINAL JUSTICE AGEN-
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
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.
20 67-3007. COMPLETENESS, ACCURACY AND SECURITY OF CRIMINAL HISTORY RECORDS.
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
27 NOT AN INDICATION OF GUILT."
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:
24 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
25 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
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:
4 18-8306. NOTICE OF DUTY TO REGISTER AND INITIAL REGISTRATION. (1) When a
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
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
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.
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
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 348