Introduced Version
HOUSE BILL No. 1182
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-13-3; IC 12-10-17-12; IC 12-17-19-22;
IC 12-17.2-3.5-12; IC 16-25-6; IC 16-27-2; IC 16-28-13;
IC 20-26-5-10; IC 20-28; IC 22-1-5-13; IC 25-36.5-1-18;
IC 31-9-2-22.5; IC 35-38-5-5; IC 10-13-3-11; IC 20-28-1-8.
Synopsis: Limited criminal history. Renames "limited criminal
history" as "statewide criminal history", and defines the term to include
information concerning any arrest or criminal charge. (Existing law
excludes information older than one year for which there is no
disposition.) Makes conforming amendments. Repeals two superseded
definitions of "limited criminal history".
Effective: July 1, 2006.
Neese
January 9, 2006, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1182
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-3-19; (06)IN1182.1.1. -->
SECTION 1. IC 10-13-3-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 19. As used in this
chapter, "request" means asking for release or inspection of a limited
statewide criminal history by noncriminal justice organizations or
individuals in a manner that:
(1) reasonably ensures the identification of the subject of the
inquiry; and
(2) contains a statement of the purpose for which the information
is requested.
SOURCE: IC 10-13-3-21.5; (06)IN1182.1.2. -->
SECTION 2. IC 10-13-3-21.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 21.5. As used in this chapter,
"statewide criminal history" means information concerning any
arrest or criminal charge. If a disposition is available, the statewide
criminal history must include the disposition.
SOURCE: IC 10-13-3-27; (06)IN1182.1.3. -->
SECTION 3. IC 10-13-3-27, AS AMENDED BY P.L.234-2005
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 27. (a) Except as provided in subsection (b), on
request, a law enforcement agencies agency shall release or allow
inspection of a limited statewide criminal history to or allow
inspection of a statewide criminal history by noncriminal justice
organizations or individuals only if the subject of the request:
(1) has applied for employment with a noncriminal justice
organization or individual;
(2) has applied for a license and criminal history data as are
required by law to be provided in connection with the license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement
agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused
repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with
respect to the setting of bond, plea bargaining, sentencing, or
probation;
(8) has volunteered services that involve contact with, care of, or
supervision over a child who is being placed, matched, or
monitored by a social services agency or a nonprofit corporation;
(9) is currently residing in a location designated by the
department of child services (established by IC 31-33-1.5-2) or by
a juvenile court as the out-of-home placement for a child at the
time the child will reside in the location;
(10) has volunteered services at a public school (as defined in
IC 20-18-2-15) or nonpublic school (as defined in IC 20-18-2-12)
that involve contact with, care of, or supervision over a student
enrolled in the school;
(11) is being investigated for welfare fraud by an investigator of
the division of family resources or a county office of family and
children;
(12) is being sought by the parent locator service of the child
support bureau of the division of family and children;
(13) is or was required to register as a sex and violent offender
under IC 5-2-12; or
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC 35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
However,
limited statewide criminal history information obtained from
the National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a
limited
statewide criminal history by and release a
limited statewide criminal
history to the following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the
following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15 U.S.C.
78q(f)(2).
(c) Any person who uses
limited statewide criminal history for any
purpose not specified under this section commits a Class A
misdemeanor.
SOURCE: IC 10-13-3-28; (06)IN1182.1.4. -->
SECTION 4. IC 10-13-3-28 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 28. On request of an
individual who has applied for employment with a noncriminal justice
organization or individual, the Indiana central repository for criminal
history information shall process a request for a limited statewide
criminal history check of the individual making the request from the
Federal Bureau of Investigation's National Crime Information Center
upon:
(1) the submission of fingerprints of the individual making the
request; and
(2) the payment of a fifteen dollar ($15) fee.
SOURCE: IC 10-13-3-29; (06)IN1182.1.5. -->
SECTION 5. IC 10-13-3-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 29. A noncriminal
justice organization or individual that receives a
limited statewide
criminal history may not use it for purposes:
(1) other than those stated in the request; or
(2) that deny the subject any civil right to which the subject is
entitled.
SOURCE: IC 10-13-3-30; (06)IN1182.1.6. -->
SECTION 6. IC 10-13-3-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 30. (a) Except as
provided in subsection (c), on request for release or inspection of a
limited statewide 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 statewide 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 10-13-3-36; (06)IN1182.1.7. -->
SECTION 7. IC 10-13-3-36, AS AMENDED BY P.L.177-2005,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 36. (a) The department may not charge a fee for
responding to a request for the release of a
limited statewide criminal
history record if the request is made by a nonprofit organization:
(1) that has been in existence for at least ten (10) years; and
(2) that:
(A) has a primary purpose of providing an individual
relationship for a child with an adult volunteer if the request
is made as part of a background investigation of a prospective
adult volunteer for the organization;
(B) is a home health agency licensed under IC 16-27-1;
(C) is a community mental retardation and other
developmental disabilities center (as defined in IC 12-7-2-39);
(D) is a supervised group living facility licensed under
IC 12-28-5;
(E) is an area agency on aging designated under IC 12-10-1;
(F) is a community action agency (as defined in
IC 12-14-23-2);
(G) is the owner or operator of a hospice program licensed
under IC 16-25-3; or
(H) is a community mental health center (as defined in
IC 12-7-2-38).
(b) Except as provided in subsection (d), the department may not
charge a fee for responding to a request for the release of a limited
statewide criminal history record made by the division of family and
children or a county office of family and children if the request is made
as part of a background investigation of an applicant for a license under
IC 12-17.2 or IC 12-17.4.
(c) The department may not charge a fee for responding to a request
for the release of a limited statewide criminal history if the request is
made by a school corporation, special education cooperative, or
nonpublic school (as defined in IC 20-18-2-12) as part of a background
investigation of an employee or adult volunteer for the school
corporation, special education cooperative, or nonpublic school.
(d) As used in this subsection, "state agency" means an authority, a
board, a branch, a commission, a committee, a department, a division,
or another instrumentality of state government, including the executive
and judicial branches of state government, the principal secretary of the
senate, the principal clerk of the house of representatives, the executive
director of the legislative services agency, a state elected official's
office, or a body corporate and politic, but does not include a state
educational institution (as defined in IC 20-12-0.5-1). The department
may not charge a fee for responding to a request for the release of a
limited statewide criminal history if the request is made:
(1) by a state agency; and
(2) through the computer gateway that is administered by the
office of technology established by IC 4-13.1-2-1.
(e) The department may not charge a fee for responding to a request
for the release of a limited statewide criminal history record made by
the health professions bureau Indiana professional licensing agency
established by IC 25-1-5-3 if the request is:
(1) made through the computer gateway that is administered by
the office of technology; and
(2) part of a background investigation of a practitioner or an
individual who has applied for a license issued by a board (as
defined in IC 25-1-9-1).
SOURCE: IC 12-10-17-12; (06)IN1182.1.8. -->
SECTION 8. IC 12-10-17-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) The division
shall register an individual who provides the following:
(1) A personal resume containing information concerning the
individual's qualifications, work experience, and any credentials
the individual may hold. The individual must certify that the
information contained in the resume is true and accurate.
(2) The individual's limited statewide criminal history check from
the Indiana central repository for criminal history information
under IC 10-13-3 or another source allowed by law.
(3) If applicable, the individual's state nurse aide registry report
from the state department of health. This subdivision does not
require an individual to be a nurse aide.
(4) Three (3) letters of reference.
(5) A registration fee. The division shall establish the amount of
the registration fee.
(6) Proof that the individual is at least eighteen (18) years of age.
(7) Any other information required by the division.
(b) A registration is valid for two (2) years. A personal services
attendant may renew the personal services attendant's registration by
updating any information in the file that has changed and by paying the
fee required under subsection (a)(5). The limited statewide criminal
history check and report required under subsection (a)(2) and (a)(3)
must be updated every two (2) years.
(c) The division and any organization designated under section 11
of this chapter shall maintain a file for each personal services attendant
that contains:
(1) comments related to the provision of attendant care services
submitted by an individual in need of self-directed in-home care
who has employed the personal services attendant; and
(2) the items described in subsection (a)(1) through (a)(4).
(d) Upon request, the division shall provide to an individual in need
of self-directed in-home care the following:
(1) Without charge, a list of personal services attendants who are
registered with the division and available within the requested
geographic area.
(2) A copy of the information of a specified personal services
attendant who is on file with the division under subsection (c).
The division may charge a fee for shipping, handling, and copying
expenses.
SOURCE: IC 12-17-19-22; (06)IN1182.1.9. -->
SECTION 9. IC 12-17-19-22, AS ADDED BY P.L.1-2005,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 22. The proposal submitted under section 21 of
this chapter must comply with the following minimum requirements:
(1) Include a detailed description of the manner in which the
eligible programs available within the county are to be
implemented, coordinated, and monitored.
(2) Certify that each eligible entity shall request and obtain a
limited statewide criminal history on each prospective employee
hired by the eligible entity.
(3) Designate a fiscal agent to administer the implementation
grant.
(4) Demonstrate how at least the following eligible programs may
be offered, coordinated, and monitored within the entire county
under an agreement with the providers of the following eligible
programs:
(A) Preschool, including Head Start under 42 U.S.C. 9831 et
seq., special education preschool, or developmental child care
programs for preschool children.
(B) Child care programs.
(C) The Early and Periodic Screening, Diagnosis, and
Treatment program under 42 U.S.C. 1396 et seq.
(D) Early intervention parent information programs.
(E) Individual family service plans.
(F) School age child care programs (commonly referred to as
latch key programs).
(G) Student reading skills improvement grants under 20
U.S.C. 6361 et seq.
(H) Parental involvement programs.
(I) Child care programs aimed at serving children of teenage
parents to encourage the teenage parents to graduate from high
school or participate in vocational training.
(J) Vocational training programs for unemployed parents.
(K) Health, nutrition, and vaccination programs.
(L) State medical assistance services for eligible individuals
under IC 12-15.
(5) Certify that the eligible programs described in subdivision (4)
are provided at no cost to parents of children who qualify under
the income eligibility guidelines and at an affordable or sliding
fee for other parents.
(6) Describe the manner in which the implementation grant will
be directed to and expended by eligible programs.
SOURCE: IC 12-17.2-3.5-12; (06)IN1182.1.10. -->
SECTION 10. IC 12-17.2-3.5-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) A provider
shall, at no expense to the state, maintain and make available to the
division upon request a copy of a limited statewide criminal history
for:
(1) the provider, if the provider is an individual;
(2) if the provider operates a child care program in the provider's
home, any individual who resides with the provider and who is:
(A) at least eighteen (18) years of age; or
(B) less than eighteen (18) years of age but has previously
been waived from juvenile court to adult court; and
(3) any individual who:
(A) is employed; or
(B) volunteers;
as a caregiver at the facility where the provider operates a child
care program.
A provider shall apply for a limited statewide criminal history for an
individual described in subdivision (3) before the individual is
employed or allowed to volunteer as a caregiver.
(b) In addition to the requirement under subsection (a), a provider
shall report to the division any:
(1) police investigations;
(2) arrests; and
(3) criminal convictions;
not listed on a limited statewide criminal history obtained under
subsection (a) regarding any of the persons listed in subsection (a).
(c) A provider that meets the other eligibility requirements of this
chapter is temporarily eligible to receive voucher payments until the
provider receives the limited statewide criminal history required under
subsection (a) from the state police department if:
(1) the provider:
(A) has applied for the limited statewide criminal history
required under subsection (a); and
(B) obtains a local criminal history for the individuals
described in subsection (a) from each individual's local law
enforcement agency before the individual is employed or
allowed to volunteer as a caregiver; and
(2) the local criminal history does not reveal that an individual
has been convicted of a:
(A) felony;
(B) misdemeanor related to the health or safety of a child;
(C) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(D) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35.
(d) A provider is ineligible to receive a voucher payment if an
individual for whom a limited statewide criminal history is required
under this section has been convicted of a:
(1) felony;
(2) misdemeanor related to the health or safety of a child;
(3) misdemeanor for operating a child care center without a
license under IC 12-17.2-4-35; or
(4) misdemeanor for operating a child care home without a
license under IC 12-17.2-5-35;
until the individual is dismissed from employment or volunteer service
at the facility where the provider operates a child care program or no
longer resides with the provider.
(e) A provider shall maintain a written policy requiring an
individual for whom a limited statewide criminal history is required
under this section to report any criminal convictions of the individual
to the provider.
SOURCE: IC 16-25-6-2; (06)IN1182.1.11. -->
SECTION 11. IC 16-25-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) A person who
owns or operates a hospice program shall apply, not more than three (3)
business days after the date that an employee or a volunteer begins to
provide hospice services, for a copy of the employee's or volunteer's
limited statewide criminal history from the Indiana central repository
for criminal history information under IC 10-13-3.
(b) A hospice program may not employ an individual or allow a
volunteer to provide hospice services for more than three (3) business
days without applying for that individual's or volunteer's limited
statewide criminal history as required by subsection (a).
SOURCE: IC 16-25-6-3; (06)IN1182.1.12. -->
SECTION 12. IC 16-25-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) Except as
provided in subsection (b), a person who owns or operates a hospice
program may not employ an individual or allow a volunteer to provide
hospice services if that individual's or volunteer's
limited statewide
criminal history indicates that the individual or volunteer has:
(1) been convicted of rape (IC 35-42-4-1);
(2) been convicted of criminal deviate conduct (IC 35-42-4-2);
(3) been convicted of exploitation of an endangered adult
(IC 35-46-1-12);
(4) had a judgment entered against the individual for failure to
report battery, neglect, or exploitation of an endangered adult
(IC 35-46-1-13); or
(5) been convicted of theft (IC 35-43-4), if the conviction for theft
occurred less than ten (10) years before the individual's
employment application date.
(b) A hospice program may not employ an individual or allow a
volunteer to provide hospice services for more than twenty-one (21)
calendar days without receipt of that individual's or volunteer's limited
statewide criminal history required by section 2 of this chapter, unless
the Indiana central repository for criminal history information under
IC 10-13-3 is solely responsible for failing to provide the individual's
or volunteer's limited statewide criminal history to the hospice
program within the time required under this subsection.
SOURCE: IC 16-27-2-4; (06)IN1182.1.13. -->
SECTION 13. IC 16-27-2-4, AS AMENDED BY P.L.212-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 4. (a) A person who operates a home health
agency under IC 16-27-1 or a personal services agency under
IC 16-27-4 shall apply, not more than three (3) business days after the
date that an employee begins to provide services in a patient's
temporary or permanent residence, for a copy of the employee's limited
statewide criminal history from the Indiana central repository for
criminal history information under IC 10-13-3.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than three (3) business days without
applying for that person's limited statewide criminal history as required
by subsection (a).
SOURCE: IC 16-27-2-5; (06)IN1182.1.14. -->
SECTION 14. IC 16-27-2-5, AS AMENDED BY P.L.212-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 5. (a) Except as provided in subsection (b), a
person who operates a home health agency under IC 16-27-1 or a
personal services agency under IC 16-27-4 may not employ a person to
provide services in a patient's or client's temporary or permanent
residence if that person's
limited statewide criminal history indicates
that the person has been convicted of any of the following:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Exploitation of an endangered adult (IC 35-46-1-12).
(4) Failure to report battery, neglect, or exploitation of an
endangered adult (IC 35-46-1-13).
(5) Theft (IC 35-43-4), if the conviction for theft occurred less
than ten (10) years before the person's employment application
date.
(b) A home health agency or personal services agency may not
employ a person to provide services in a patient's or client's temporary
or permanent residence for more than twenty-one (21) calendar days
without receipt of that person's limited statewide criminal history
required by section 4 of this chapter, unless the Indiana central
repository for criminal history information under IC 10-13-3 is solely
responsible for failing to provide the person's limited statewide
criminal history to the home health agency or personal services agency
within the time required under this subsection.
SOURCE: IC 16-28-13-4; (06)IN1182.1.15. -->
SECTION 15. IC 16-28-13-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. (a) Except as
provided in subsection (b), a person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide
nurse aides or other unlicensed employees for a health care
facility;
shall apply within three (3) business days from the date a person is
employed as a nurse aide or other unlicensed employee for a copy of
the person's state nurse aide registry report from the state department
and a limited statewide criminal history from the Indiana central
repository for criminal history information under IC 10-13-3 or another
source allowed by law.
(b) A health care facility is not required to apply for the state nurse
aide registry report and limited statewide criminal history required by
subsection (a) if the health care facility contracts to use the services of
a nurse aide or other unlicensed employee who is employed by an
entity in the business of contracting to provide nurse aides or other
unlicensed employees to health care facilities.
SOURCE: IC 16-28-13-5; (06)IN1182.1.16. -->
SECTION 16. IC 16-28-13-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. A person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide
nurse aides or other unlicensed employees for a health care
facility;
may not employ a person as a nurse aide or other unlicensed employee
after receipt of the person's state nurse aide registry report if that
person's report indicates that the person committed an offense under
section (3)(a)(2) of this chapter and has been placed on the state nurse
aide registry, or after receipt of the limited statewide criminal history
if that person's limited statewide criminal history indicates that the
person has been convicted of any of the offenses described in section
3(a)(1) of this chapter.
SOURCE: IC 16-28-13-6; (06)IN1182.1.17. -->
SECTION 17. IC 16-28-13-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 6. (a) A person who:
(1) operates or administers a health care facility; or
(2) operates an entity in the business of contracting to provide
nurse aides or other unlicensed employees for a health care
facility;
is responsible for the payment of fees under IC 10-13-3-30 and other
fees required to process a state nurse aide registry report and a limited
statewide criminal history under section 4 of this chapter.
(b) A health care facility or an entity in the business of contracting
to provide nurse aides or other unlicensed employees for a health care
facility may require a person who applies to the health care facility or
entity for employment as a nurse aide or other unlicensed employee:
(1) to pay the cost of fees described in subsection (a) to the health
care facility or entity at the time the person submits an application
for employment; or
(2) to reimburse the health care facility or entity for the cost of
fees described in subsection (a).
SOURCE: IC 16-28-13-11; (06)IN1182.1.18. -->
SECTION 18. IC 16-28-13-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) Each:
(1) health care facility; and
(2) entity in the business of contracting to provide nurse aides or
other unlicensed employees for a health care facility;
shall maintain a personnel record for each nurse aide and other
unlicensed employee employed by the health care facility or entity that
includes the nurse aide's or other unlicensed employee's state nurse
aide registry report and limited statewide criminal history required by
section 4 of this chapter.
(b) The personnel records of each health care facility shall be
available for inspection by the state department to assure compliance
with this chapter.
(c) An entity in the business of contracting to provide nurse aides or
other unlicensed employees to health care facilities shall provide a
copy of the state nurse aide registry report and limited statewide
criminal history obtained under section 4 of this chapter to each health
care facility to which the entity provides a nurse aide or other
unlicensed employee. If the entity fails to provide a copy of the state
nurse aide registry report and limited statewide criminal history to a
health care facility, the health care facility is not in violation of this
chapter.
SOURCE: IC 20-26-5-10; (06)IN1182.1.19. -->
SECTION 19. IC 20-26-5-10, AS ADDED BY P.L.1-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 10. (a) A school corporation, including a school
township, shall adopt a policy concerning criminal history information
for individuals who:
(1) apply for:
(A) employment with the school corporation; or
(B) employment with an entity with which the school
corporation contracts for services;
(2) seek to enter into a contract to provide services to the school
corporation; or
(3) are employed by an entity that seeks to enter into a contract to
provide services to the school corporation;
if the individuals are likely to have direct, ongoing contact with
children within the scope of the individuals' employment.
(b) A school corporation, including a school township, shall
administer a policy adopted under this section uniformly for all
individuals to whom the policy applies. A policy adopted under this
section may require any of the following:
(1) The school corporation, including a school township, may
request limited statewide criminal history information concerning
each applicant for noncertificated employment or certificated
employment from a local or state law enforcement agency before
or not later than three (3) months after the applicant's employment
by the school corporation.
(2) Each individual hired for noncertificated employment or
certificated employment may be required to provide a written
consent for the school corporation to request under IC 10-13-3
limited statewide criminal history information or a national
criminal history background check concerning the individual
before or not later than three (3) months after the individual's
employment by the school corporation. 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.
(3) Each individual hired for noncertificated employment may be
required at the time the individual is hired to submit a certified
copy of the individual's limited statewide criminal history (as
defined in IC 10-13-3-11) IC 10-13-3-21.5) to the school
corporation.
(4) Each individual hired for noncertificated employment may be
required at the time the individual is hired to:
(A) submit a request to the Indiana central repository for
limited statewide criminal history information under
IC 10-13-3;
(B) obtain a copy of the individual's limited statewide
criminal history; and
(C) submit to the school corporation the individual's limited
statewide criminal history and a document verifying a
disposition (as defined in IC 10-13-3-7) that does not appear
on the limited statewide criminal history.
(5) Each applicant for noncertificated employment or certificated
employment may be required at the time the individual applies to
answer questions concerning the individual's limited statewide
criminal history. The failure to answer honestly questions asked
under this subdivision is grounds for termination of the
employee's employment.
(6) Each individual that:
(A) seeks to enter into a contract to provide services to a
school corporation; or
(B) is employed by an entity that seeks to enter into a contract
with a school corporation;
may be required at the time the contract is formed to comply with
the procedures described in subdivisions (2), (4), and (5). An
individual who is employed by an entity that seeks to enter into a
contract with a school corporation to provide student services in
which the entity's employees have direct contact with students in
a school based program may be required to provide the consent
described in subdivision (2) or the information described in
subdivisions (4) and (5) to either the individual's employer or the
school corporation. Failure to comply with subdivisions (2), (4),
and (5), as required by the school corporation, is grounds for
termination of the contract. An entity that enters into a contract
with a school corporation to provide student services in which the
entity's employees have direct contact with students in a school
based program is allowed to obtain limited statewide criminal
history information or a national criminal history background
check regarding the entity's applicants or employees in the same
manner that a school corporation may obtain the information.
(c) If an individual is required to obtain a limited statewide criminal
history under this section, the individual is responsible for all costs
associated with obtaining the limited statewide criminal history.
(d) Information obtained under this section must be used in
accordance with IC 10-13-3-29.
SOURCE: IC 20-28-1-11.5; (06)IN1182.1.20. -->
SECTION 20. IC 20-28-1-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 11.5. "Statewide criminal
history" has the meaning set forth in IC 10-13-3-21.5.
SOURCE: IC 20-28-5-9; (06)IN1182.1.21. -->
SECTION 21. IC 20-28-5-9, AS ADDED BY P.L.246-2005,
SECTION 160, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 9. (a) An applicant must do the
following:
(1) Submit a request to the Indiana central repository for limited
statewide criminal history information under IC 10-13-3.
(2) Obtain a copy of the limited statewide criminal history for the
applicant from the repository's records.
(3) Submit to the department the limited statewide criminal
history for the applicant.
(4) Submit to the department a document verifying a disposition
that does not appear on the limited statewide criminal history for
the applicant.
(b) The department may deny the issuance of a license or certificate
to an applicant who is convicted of an offense for which the
individual's license may be revoked or suspended under this chapter.
(c) The department must use the information obtained under this
section in accordance with IC 10-13-3-29.
(d) An applicant is responsible for all costs associated with meeting
the requirements of this section.
SOURCE: IC 22-1-5-13; (06)IN1182.1.22. -->
SECTION 22. IC 22-1-5-13, AS ADDED BY P.L.212-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 13. (a) A placement agency:
(1) must provide a consumer with a consumer notice each time a
home care services worker is placed in the home of the consumer;
and
(2) is not required to provide a consumer notice when a new or
different home care services worker is substituting for the regular
home care services worker placed with the consumer.
(b) Before a placement agency places a home care services worker
with a consumer, the home care services worker must provide the
placement agency with a copy of the individual's limited statewide
criminal history from the central repository for criminal history
information under IC 10-13-3. The home care services worker is
responsible for the fees required under IC 10-13-3-30 and must
annually obtain an updated limited statewide criminal history. A copy
of the home care services worker's limited statewide criminal history
must be made available to the consumer.
SOURCE: IC 25-36.5-1-18; (06)IN1182.1.23. -->
SECTION 23. IC 25-36.5-1-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 18. (a) The definitions
set forth in IC 10-13-3 apply throughout this section.
(b) The department shall under IC 10-13-3-27(b) request and obtain
the release of a limited statewide criminal history from the state police
department on each person who applies to the department under this
chapter for the issuance of either of the following:
(1) A timber buyer registration certificate.
(2) A timber buyer agent's license.
SOURCE: IC 31-9-2-22.5; (06)IN1182.1.24. -->
SECTION 24. IC 31-9-2-22.5, AS ADDED BY P.L.234-2005,
SECTION 81, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 22.5. "Conduct a criminal history check", for
purposes of IC 12-14-25.5, IC 31-19, IC 31-33, IC 31-34, IC 31-37, and
IC 31-39-2-13.5, means to:
(1) request the state police department to:
(A) release or allow inspection of a limited statewide criminal
history (as defined in IC 10-13-3-11) IC 10-13-3-21.5) and
juvenile history data (as defined in IC 10-13-4-4) concerning
a person who is currently residing in a location designated by
the department of child services or by a juvenile court as the
out-of-home placement for a child at the time the child will
reside in the location; and
(B) conduct a:
(i) national fingerprint based criminal history background
check in accordance with IC 10-13-3-39; or
(ii) national name based criminal history record check (as
defined in IC 10-13-3-12.5) of a person described in clause
(A) as provided by IC 10-13-3-27.5; and
(2) collect each:
(A) substantiated report of child abuse or neglect reported in
a jurisdiction where a probation officer, a caseworker, or the
department of child services has reason to believe that a
person described in subdivision (1)(A) resided; and
(B) adjudication for a delinquent act described in IC 31-37-1-2
reported in a jurisdiction where a probation officer, a
caseworker, or the department of child services has reason to
believe a person described in subdivision (1)(A) resided.
SOURCE: IC 35-38-5-5; (06)IN1182.1.25. -->
SECTION 25. IC 35-38-5-5, AS AMENDED BY P.L.2-2005,
SECTION 124, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 5. (a) This section does not apply
to a request to a law enforcement agency for the release or inspection
of a
limited statewide criminal history to a noncriminal justice
organization or individual whenever the subject of the request is
described in IC 10-13-3-27(a)(8) or IC 10-13-3-27(a)(12).
(b) A person may petition the state police department to limit access
to the person's
limited statewide criminal history to criminal justice
agencies if more than fifteen (15) years have elapsed since the date the
person was discharged from probation, imprisonment, or parole
(whichever is later) for the last conviction for a crime.
(c) When a petition is filed under subsection (b), the state police
department shall not release limited statewide criminal history to
noncriminal justice agencies under IC 10-13-3-27.
SECTION 26. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2006]: IC 10-13-3-11; IC 20-28-1-8.