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.
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    SENATE ENROLLED ACT No. 191



     AN ACT to amend the Indiana Code concerning public safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-13-3-5; (06)SE0191.1.1. -->     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)SE0191.1.2. -->     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)SE0191.1.3. -->     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 transmission);
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.


SEA 191

Figure

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