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 Repeals two superseded definitions of "limited criminal history".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 Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.

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.