Citations Affected: IC 4-6; IC 5-2.
Synopsis: Issues pertaining to the attorney general. Allows the attorney
general to deputize an individual employed by the attorney general to
act as a law enforcement officer. Specifies that the office of the
attorney general is a criminal justice agency and a law enforcement
agency for purposes of the law concerning criminal history information.
Effective: July 1, 2002.
January 10, 2002, read first time and referred to Committee on Judiciary.
January 24, 2002, reported favorably _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
SECTION 1.
IC 4-6-2-12
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 12. (a) The attorney general may deputize an
individual employed by the attorney general to act as a law
enforcement officer (as defined in
IC 5-2-1-2
(1)) if the individual
has successfully completed the basic training requirements for law
enforcement officers established by the law enforcement training
board under
IC 5-2-1.
(b) An employee of the attorney general deputized as a law
enforcement officer under this section is not eligible for police
officer pension benefits or other emoluments of law enforcement
officers.
SECTION 2.
IC 5-2-5-1
, AS AMENDED BY P.L.238-2001,
SECTION 1, AS AMENDED BY P.L.272-2001, SECTION 1, AND
AS AMENDED BY P.L.280-2001, SECTION 1, IS AMENDED AND
CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2002]: Sec. 1. The following definitions apply throughout this chapter:
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) "Foreign protection order" has the meaning set forth in
IC 34-6-2-48.5.
(9) (11) "Indiana order" has the meaning set forth in
IC 5-2-9-2.1.
(8) (10) (12) "Inspection" means visual perusal and includes the
right to make memoranda abstracts of the information.
(9) (11) (13) "Institute" means the Indiana criminal justice
institute established under
IC 5-2-6.
(10) (12) (14) "Law enforcement agency" means an agency or a
department of any level of government whose principal function
is the apprehension of criminal offenders. The term includes the
office of the attorney general.
(13) (15) "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) (16) "Noncertificated employee" has the meaning set forth
in
IC 20-7.5-1-2.
(11) (15) (17) "Protective order" has the meaning set forth in
IC 5-2-9-2.1.
(16) (18) "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) (13) (17) (19) "Release" means the furnishing of a copy, or
an edited copy, of criminal history data.
(13) (14) (18) (20) "Reportable offenses" means all felonies and
those Class A misdemeanors which the superintendent may
designate.
(14) (15) (19) (21) "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) (22) "School corporation" has the meaning set forth in
IC 20-10.1-1-1.
(21) (23) "Special education cooperative" has the meaning set
forth in
IC 20-1-6-20.
(15) (16) (22) (24) "Unidentified person" means a deceased or
mentally incapacitated person whose identity is unknown.