SB 445-1_ Filed 04/04/2001, 10:26
Adopted 4/5/2001


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

12

                                                        NO:
0

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:

SOURCE: Page 1, line 1; (01)AM044506.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 5-2-5-1; (01)AM044506.1. -->     "SECTION 1. IC 5-2-5-1 , AS AMENDED BY P.L.24-2000, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 1. The following definitions apply throughout this chapter:
        (1) "Limited criminal history" means information with respect to any arrest, indictment, information, or other formal criminal charge, which must include a disposition. However, information about any arrest, indictment, information, or other formal criminal charge which occurred less than one (1) year before the date of a request shall be considered a limited criminal history even if no disposition has been entered.
        (2) "Bias crime" means an offense in which the person who

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.".

SOURCE: Page 3, line 22; (01)AM044506.3. -->     Page 3, line 22, after "corporation" insert ",".
    Page 3, line 22, strike "(as defined in IC 20-10.1-1 ),".
    Page 3, line 23, after "cooperative" insert " ,".
    Page 3, line 23, delete "(as defined in IC 20-1-6-20 ),".
    Page 3, delete lines 27 through 42, begin a new paragraph and insert:
SOURCE: IC 5-2-5-15; (01)AM044506.4. -->     "SECTION 4. IC 5-2-5-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) The department is designated as the authorized agency to receive requests for, process, and disseminate the results of national criminal history background checks that comply with this section and 42 U.S.C. 5119a.
    (b) A qualified entity may contact the department to request a national criminal history background check on any of the following persons:
        (1) A person who seeks to be or is employed with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person is initially employed by the qualified entity.
        (2) A person who seeks to volunteer or is a volunteer with the qualified entity. A request under this subdivision must be made not later than three (3) months after the person initially volunteers with the qualified entity.
    (c) A qualified entity must submit a request under subsection (b) in the form required by the department and provide a set of the person's fingerprints and any required fees with the request.
    (d) If a qualified entity makes a request in conformity with

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).
".

SOURCE: Page 4, line 1; (01)AM044506.4. -->     Page 4, delete lines 1 through 8.
    Page 4, line 34, after "request" insert " under IC 5-2-5 ".
    Page 4, line 35, after "information" insert " or a national criminal history background check".
    Page 4, line 35, delete "from a local or".
    Page 4, line 36, delete "state law enforcement agency".
    Page 4, line 38, after "corporation." insert " The school corporation may require the individual to provide a set of fingerprints and pay any fees required for a national criminal history background check.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 445 as printed March 2, 2001.)

and when so amended that said bill do pass.

__________________________________

Representative Kuzman


AM044506/DI 87    2001