HB 1033-1_ Filed 02/15/2012, 14:52

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Corrections, Criminal, and Civil Matters, to which was referred House Bill No. 1033, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 1, line 1; (12)CR103302.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 24-4-18; (12)CR103302.1. -->     "SECTION 1. IC 24-4-18 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]:
     Chapter 18. Criminal History Providers
    Sec. 1. As used in this section, "criminal history information" has the meaning set forth for "criminal history data" in IC 10-13-3-5.
    Sec. 2. As used in this section, "criminal history provider" means a person in the business of providing criminal history information to a person that is not a criminal justice agency or law enforcement agency. The term does not include a criminal justice agency or a law enforcement agency.
    Sec. 3. As used in this section, "criminal justice agency" has the meaning set forth in IC 10-13-3-6.
    Sec. 4. As used in this section, "law enforcement agency" has the meaning set forth in IC 10-13-3-10.

     Sec. 5. A criminal history provider may provide only criminal history information that relates to a conviction. A criminal history provider may not provide information relating to an arrest or a

charge that did not result in a conviction.
    Sec. 6. (a) A criminal history provider shall update its records at least one (1) time per calendar year.

     (b) When a criminal history provider updates its records, the provider shall remove from its records any information:
        (1) the provider knows to be inaccurate; or
        (2) that relates to criminal history information:
            (A) that has been expunged;
            (B) that has been restricted; or
            (C) to which access has been limited;
        under IC 35-38-5 or any other law.
    Sec. 7. (a) The attorney general may bring an action to enforce a violation of section 5 or 6 of this chapter. In addition to any injunctive or other relief, the attorney general may recover a civil penalty of not more than one thousand dollars ($1,000) for a first violation, and of not more than five thousand dollars ($5,000) for a second or subsequent violation.
    (b) Any person injured by a violation of section 5 or 6 of this chapter may bring an action to recover:
        (1) the greater of:
            (A) actual damages, including consequential damages; or
            (B) liquidated damages of five hundred dollars ($500); and
        (2) court costs and reasonable attorney's fees.

SOURCE: IC 35-38-8-2; (12)CR103302.2. -->     SECTION 2. IC 35-38-8-2, AS ADDED BY P.L.194-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 2. This chapter applies only to a person:
        (1) convicted of a misdemeanor one (1) or more misdemeanors or a Class D felony felonies that did not result in injury to a person; or
        (2) adjudicated a delinquent child for committing an offense one (1) or more offenses that, if committed by an adult, would be a misdemeanor misdemeanors or Class D felony felonies that did not result in injury to a person.
SOURCE: IC 35-38-8-4; (12)CR103302.3. -->     SECTION 3. IC 35-38-8-4, AS ADDED BY P.L.194-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. The court shall grant a petition under this chapter if the court finds:
        (1) the person is:
            (A) not a sex or violent offender; or
            (B) a sex or violent offender, but the offender's status as a sex or violent offender is solely due to the offender's conviction for sexual misconduct with a minor (IC 35-42-4-9) and the offender proved that the defense described in IC 35-42-4-9(e) applies to the offender;
        (2) the person was:
            (A) convicted of a misdemeanor one (1) or more misdemeanors or a Class D felony felonies that did not result in injury to a person; or
            (B) adjudicated a delinquent child for committing an offense one (1) or more offenses that, if committed by an adult, would be a misdemeanor misdemeanors or Class D felony felonies not resulting in injury to a person;
        (3) eight (8) years have passed since the person completed the person's sentence and satisfied any other obligation imposed on the person as part of the sentence; and
        (4) the person has not been convicted of a felony since the person completed the person's sentence and satisfied any other obligation imposed on the person as part of the sentence.
SOURCE: IC 35-38-8-5; (12)CR103302.4. -->     SECTION 4. IC 35-38-8-5, AS ADDED BY P.L.194-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. If the court grants the petition of a person under this chapter, the court shall do the following:
        (1) Order:
            (A) the department of correction; and
            (B) each:
                (i) law enforcement agency; and
                (ii) other person;
            who incarcerated, provided treatment for, or provided other services for the person under an order of the court;
        to prohibit the release of the person's records or information relating to the misdemeanor, misdemeanors, nonviolent Class D felony felonies, or juvenile adjudication adjudications described in section 2 of this chapter, in the person's records to a noncriminal justice agency without a court order.
        (2) Order any:
            (A) state;
            (B) regional; or
            (C) local;
        central repository for criminal history information to prohibit the release of the person's records or information relating to the misdemeanor misdemeanors, nonviolent Class D felony felonies, or juvenile adjudication adjudications described in section 2 of this chapter, in the person's records to a noncriminal justice agency without a court order.
SOURCE: IC 35-38-8-7; (12)CR103302.5. -->     SECTION 5. IC 35-38-8-7, AS ADDED BY P.L.194-2011, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. (a) If a court orders a person's records to be restricted under this chapter, the person may legally state on an application for employment or any other document that the person has not been arrested for or convicted of the felony or misdemeanor recorded in the restricted records.
     (b) An employer may not ask an employee, contract employee, or applicant whether the person's criminal records have been sealed or restricted. An employer who violates this subsection commits a Class B infraction.".
SOURCE: Page 2, line 29; (12)CR103302.2. -->     Page 2, line 29, delete "subsections (a) and (d)," and insert " subsection (a),".
    Page 2, line 31, after "after" insert " receiving a verified petition as described in subsection (d) and after conducting".
    Page 2, between lines 36 and 37, begin a new line block indented and insert:
        " (3) The person has not been convicted of perjury under IC 35-44-2-1 or official misconduct under IC 35-44-1-2.".
    Page 2, line 37, before "At" delete "(3)" and insert " (4)".
    Page 2, line 42, delete "(4)" and insert " (5)".
    Page 3, between lines 5 and 6, begin a new line block indented and insert:
        " (6) No criminal charges are pending against the person.
     (d) A petition filed under subsection (c) must be verified and set forth:
        (1) the crime the person has been convicted of;
        (2) the date of the conviction;
        (3) the date the person completed the person's sentence;
        (4) any obligations imposed on the person as part of the

sentence;
        (5) the date the obligations were satisfied; and
        (6) a verified statement that there are no criminal charges pending against the person.
".
    Page 3, line 6, delete "(d)" and insert " (e)".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1033 as printed January 23, 2012.)

and when so amended that said bill do pass.

Committee Vote: Yeas 9, Nays 0.

____________________________________

    Steele
Chairperson


CR103302/DI 106    2012