January 20, 2006
SENATE BILL No. 191
DIGEST OF SB 191
(Updated January 18, 2006 5:47 pm - DI 71)
Citations Affected: IC 10-13.
Synopsis: Photos in criminal history files. Provides that a sheriff,
police department, or criminal justice agency required to report an
arrest to the state central repository for criminal history data shall
transmit a photograph of the person who is the subject of the report at
the time the arrest is reported. Allows the state police department to
adopt guidelines concerning the method of transmitting photographs,
and requires a person submitting the photograph to follow the
department's guidelines. Includes a photograph as part of the
information that may be obtained in a limited criminal history.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Homeland Security,
Utilities, and Public Policy.
January 19, 2006, amended, reported favorably _ Do Pass.
January 20, 2006
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 191
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-3-5; (06)SB0191.1.1. -->
SECTION 1. IC 10-13-3-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) As used in this
chapter, "criminal history data" means information collected by
criminal justice agencies, the United States Department of Justice for
the department's information system, or individuals.
(b) The term consists of the following:
(1) Identifiable descriptions and notations of arrests, indictments,
informations, or other formal criminal charges.
(2) Information, including a photograph, 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.
(3) Any disposition, including sentencing, and correctional system
intake, transfer, and release.
(4) A photograph of the person who is the subject of the
information described in subdivisions (1) through (3).
SOURCE: IC 10-13-3-11; (06)SB0191.1.2. -->
SECTION 2. IC 10-13-3-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) As used in this
chapter, "limited criminal history" means information with respect to
any arrest or criminal charge, which must include:
(1) a disposition; and
(2) a photograph of the person who is the subject of the
limited criminal history, if a photograph is available.
(b) However, the term includes information about any arrest or
criminal charge that occurred less than one (1) year before the date of
a request even if no disposition has been entered.
SOURCE: IC 10-13-3-24; (06)SB0191.1.3. -->
SECTION 3. IC 10-13-3-24 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 24. (a) The department
shall act as the official state central repository for criminal history data.
(b) A sheriff, police department, or criminal justice agency in
Indiana shall report to the department, on forms provided by the
department, all arrests for reportable offenses.
(c) Except as provided in subsection (e), at the time a sheriff,
police department, or criminal justice agency makes the report
described in subsection (b), the sheriff, police department, or
criminal justice agency shall transmit a photograph of the person
who is the subject of the report to the department.
(d) The department may adopt guidelines concerning the:
(1) form; and
(2) manner of transmission (including electronic
of a photograph described in subsection (c). If the department
adopts guidelines under this subsection, the sheriff, police
department, or criminal justice agency required to transmit a
photograph under subsection (c) shall transmit the photograph in
accordance with the guidelines adopted by the department.
(e) Notwithstanding subsections (c) and (d):
(1) the department is not required to process; and
(2) a sheriff, police department, or criminal justice agency is
not required to submit;
a photograph under this section unless the department has
sufficient funding available to process photographs submitted
under this section.