YES:
MR. SPEAKER:
Your Committee on Public Policy, Ethics and Veterans Affairs , to which was referred
Senate Bill 445 , has had the same under consideration and begs leave to report the same
back to the House with the recommendation that said bill be amended as follows:
committed the offense knowingly or intentionally:
(A) selected the person who was injured; or
(B) damaged or otherwise affected property;
by the offense because of the color, creed, disability, national
origin, race, religion, or sexual orientation of the injured person
or of the owner or occupant of the affected property or because
the injured person or owner or occupant of the affected property
was associated with any other recognizable group or affiliation.
(3) "Care" means the provision of care, treatment, education,
training, instruction, supervision, or recreation to children
less than eighteen (18) years of age.
(4) "Council" means the security and privacy council created
under section 11 of this chapter.
(4) (5) "Criminal history data" means information collected by
criminal justice agencies, the United States Department of Justice
for the department's information system, or individuals. The term
consists of the following:
(A) Identifiable descriptions and notations of arrests,
indictments, informations, or other formal criminal charges.
(B) Information regarding an offender (as defined in
IC 5-2-12-4
) obtained through sex offender registration under
IC 5-2-12.
(C) Any disposition, including sentencing, and correctional
system intake, transfer, and release.
(6) "Certificated employee" has the meaning set forth in
IC 20-7.5-1-2.
(5) (7) "Criminal justice agency" means any agency or department
of any level of government whose principal function is the
apprehension, prosecution, adjudication, incarceration, probation,
rehabilitation, or representation of criminal offenders, the location
of parents with child support obligations under 42 U.S.C. 653, the
licensing and regulating of riverboat gambling operations, or the
licensing and regulating of pari-mutuel horse racing operations.
The term includes the Medicaid fraud control unit for the purpose
of investigating offenses involving Medicaid. The term includes
a nongovernmental entity that performs as its principal function
the:
(A) apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders;
(B) location of parents with child support obligations under 42
U.S.C. 653;
(C) licensing and regulating of riverboat gambling operations;
or
(D) licensing and regulating of pari-mutuel horse racing
operations;
under a contract with an agency or department of any level of
government.
(6) (8) "Department" means the state police department.
(7) (9) "Disposition" means information disclosing that criminal
proceedings have been concluded or indefinitely postponed.
(8) (10) "Inspection" means visual perusal and includes the right
to make memoranda abstracts of the information.
(9) (11) "Institute" means the Indiana criminal justice institute
established under
IC 5-2-6.
(10) (12) "Law enforcement agency" means an agency or a
department of any level of government whose principal function
is the apprehension of criminal offenders.
(13) "National criminal history background check" means the
criminal history record system maintained by the Federal
Bureau of Investigation based on fingerprint identification or
any other method of positive identification.
(14) "Noncertificated employee" has the meaning set forth in
IC 20-7.5-1-2.
(11) (15) "Protective order" has the meaning set forth in
IC 5-2-9-2.1.
(16) "Qualified entity" means a business or an organization,
whether public, private, for-profit, nonprofit, or voluntary,
that provides care or care placement services, including a
business or an organization that licenses or certifies others to
provide care or care placement services.
(12) (17) "Release" means the furnishing of a copy, or an edited
copy, of criminal history data.
(13) (18) "Reportable offenses" means all felonies and those Class
A misdemeanors which the superintendent may designate.
(14) (19) "Request" means the asking for release or inspection of
a limited criminal history by noncriminal justice organizations or
individuals in a manner which:
(A) reasonably ensures the identification of the subject of the
inquiry; and
(B) contains a statement of the purpose for which the
information is requested.
(20) "School corporation" has the meaning set forth in
IC 20-10.1-1-1.
(21) "Special education cooperative" has the meaning set
forth in IC 20-1-6-20.
(15) (22) "Unidentified person" means a deceased or mentally
incapacitated person whose identity is unknown.".
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation
for a national criminal history background check for convictions
described in
IC 20-5-2-8.
The department shall respond to the
request in conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the United States attorney
general under 42 U.S.C. 5119a.
(e) This subsection applies to a qualified entity that:
(1) is not a school corporation or a special education
cooperative; or
(2) is a school corporation or a special education cooperative
and seeks a national criminal history background check for a
volunteer.
After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department shall make a determination whether the applicant has
been convicted of an offense described in
IC 20-5-2-8
and convey
the determination to the requesting qualified entity.
(f) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative;
and
(2) seeks a national criminal history background check for the
purposes determining whether to employ or continue the
employment of a certificated employee or a noncertificated
employee of a school corporation or an equivalent position
with a special education cooperative.
After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department may exchange identification records concerning
convictions for offenses described in
IC 20-5-2-8
with the school
corporation or special education cooperative solely for purposes of
making an employment determination. The exchange may be made
only for the official use of the officials with authority to make the
employment determination. The exchange is subject to the
restrictions on dissemination imposed under P.L. 92-544, (86 Stat.
1115) (1972).".
and when so amended that said bill do pass.