First Regular Session 113th General Assembly (2003)
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SENATE ENROLLED ACT No. 311
AN ACT to amend the Indiana Code concerning state police, civil defense and military
affairs.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-5-1; (03)SE0311.1.1. -->
SECTION 1. IC 5-2-5-1, AS AMENDED BY P.L.1-2003,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 1. The following definitions apply throughout this
chapter:
(1) "Limited criminal history" means information with respect to
any arrest criminal charge, which must include a disposition.
However, information about any arrest or 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.
(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 a sex and violent offender (as
defined in IC 5-2-12-4) obtained through sex and violent
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.
(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 office of the attorney general. 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.
(8) "Department" means the state police department.
(9) "Disposition" means information disclosing that criminal
proceedings have been concluded or indefinitely postponed.
(10) "Inspection" means visual perusal and includes the right to
make memoranda abstracts of the information.
(11) "Institute" means the Indiana criminal justice institute
established under IC 5-2-6.
(12) "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) "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) "No contact order" means an order that prohibits a person
from having direct or indirect contact with another person and
that is issued under:
(A) IC 31-32-13;
(B) IC 31-34-17;
(C) IC 31-34-20;
(D) IC 31-37-16;
(E) IC 31-37-19-1;
(F) IC 31-37-19-6;
(G) IC 33-14-1-7;
(H) IC 35-33-8-3.2; or
(I) IC 35-38-2-2.3.
(15) "Noncertificated employee" has the meaning set forth in
IC 20-7.5-1-2.
(16) "Protective order" has the meaning set forth in IC 5-2-9-2.1.
The term includes a foreign protection order (as defined in
IC 34-6-2-48.5).
(17) "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.
(18) "Release" means the furnishing of a copy, or an edited copy,
of criminal history data.
(19) "Reportable offenses" means all felonies and those
Class A
misdemeanors which the superintendent may designate.
(20) "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.
(21) "School corporation" has the meaning set forth in
IC 20-10.1-1-1.
(22) "Special education cooperative" has the meaning set forth in
IC 20-1-6-20.
(23) "Unidentified person" means a deceased or mentally
incapacitated person whose identity is unknown.
(24) "Workplace violence restraining order" means an order
issued under IC 34-26-6.
SOURCE: IC 5-2-5-7; (03)SE0311.1.2. -->
SECTION 2. IC 5-2-5-7, AS AMENDED BY P.L.116-2002,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) Except as provided in subsection (c), on
request for release or inspection of a limited criminal history, law
enforcement agencies may, if the agency has complied with the
reporting requirements in section 2 of this chapter, and the
department shall do the following:
(1) Require a form, provided by them, to be completed. This form
shall be maintained for a period of two (2) years and shall be
available to the record subject upon request.
(2) Collect a three dollar ($3) fee to defray the cost of processing
a request for inspection.
(3) Collect a seven dollar ($7) fee to defray the cost of processing
a request for release. However, law enforcement agencies and the
department may not charge the fee for requests received from the
parent locator service of the child support bureau of the division
of family and children.
(b) Law enforcement agencies and the department shall edit
information so that the only information released or inspected is
information which:
(1) has been requested; and
(2) is limited criminal history information.
(c) The fee required under subsection (a) shall be waived if the
request relates to the sex and violent offender directory under IC 5-2-6
or concerns a person required to register as a sex and violent offender
under IC 5-2-12.
SOURCE: IC 5-2-7-1; (03)SE0311.1.3. -->
SECTION 3. IC 5-2-7-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 1. (a) For each person arrested and
charged by information or indictment with a
felony or with a Class A
misdemeanor reportable offense (as defined in IC 10-13-3-18) there
shall be filed with the court having jurisdiction over the case:
(1) a fingerprint sample taken from the arrested person; and
(2) an affidavit, attached to or as an integral part of the fingerprint
sample, from an employee of the law enforcement agency
effecting the arrest that identifies the sample as taken from the
arrested person.
(b) The failure to file a fingerprint sample or an affidavit under
subsection (a) is not a ground for the dismissal of a criminal action or
the continuance of a criminal action.
SOURCE: IC; (03)SE0311.1.4. -->
SECTION 4. IC 10-13-3-18, AS ADDED BY SEA 257-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 18. As used in this chapter, "reportable offenses"
means all felonies and those Class A misdemeanors the superintendent
designates.
SOURCE: IC; (03)SE0311.1.5. -->
SECTION 5. IC 10-13-3-30, AS ADDED BY SEA 257-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 30. (a) Except as provided in subsection (c), on
request for release or inspection of a limited criminal history, law
enforcement agencies may,
if the agency has complied with the
reporting requirements in section 24 of this chapter, and the
department shall do the following:
(1) Require a form, provided by law enforcement agencies and the
department, to be completed. The form shall be maintained for
two (2) years and shall be available to the record subject upon
request.
(2) Collect a three dollar ($3) fee to defray the cost of processing
a request for inspection.
(3) Collect a seven dollar ($7) fee to defray the cost of processing
a request for release. However, law enforcement agencies and the
department may not charge the fee for requests received from the
parent locator service of the child support bureau of the division
of family and children.
(b) Law enforcement agencies and the department shall edit
information so that the only information released or inspected is
information that:
(1) has been requested; and
(2) is limited criminal history information.
(c) The fee required under subsection (a) shall be waived if the
request relates to the sex and violent offender directory under IC 5-2-6
or concerns a person required to register as a sex and violent offender
under IC 5-2-12.
SEA 311 _ Concur
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