Citations Affected: IC 5-2.
Synopsis: Issues pertaining to the attorney general. Specifies that the
office of the attorney general is a criminal justice agency and a law
enforcement agency for purposes of the law concerning criminal
Effective: July 1, 2002.
January 10, 2002, read first time and referred to Committee on Judiciary.
January 24, 2002, reported favorably _ Do Pass.
January 29, 2002, read second time, ordered engrossed.
January 30, 2002, engrossed.
February 1, 2002, read third time, passed. Yeas 48, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
SECTION 1. IC 5-2-5-1, AS AMENDED BY P.L.238-2001,
SECTION 1, AS AMENDED BY P.L.272-2001, SECTION 1, AND
AS AMENDED BY P.L.280-2001, SECTION 1, IS AMENDED AND
CORRECTED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2002]: Sec. 1. The following definitions apply throughout this chapter:
(1) "Limited criminal history" means information with respect to any arrest
indictment, information, or other formal criminal
charge, which must include a disposition. However, information
about any arrest indictment, information, or other formal criminal
charge which occurred less than one (1) year before the date of a
request shall be considered a limited criminal history even if no
disposition has been entered.
(2) "Bias crime" means an offense in which the person who committed the offense knowingly or intentionally:
(A) selected the person who was injured; or
(B) damaged or otherwise affected property;
by the offense because of the color, creed, disability, national
origin, race, religion, or sexual orientation of the injured person
or of the owner or occupant of the affected property or because
the injured person or owner or occupant of the affected property
was associated with any other recognizable group or affiliation.
(3) "Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children less than eighteen (18) years of age.
(4) "Council" means the security and privacy council created under section 11 of this chapter.
(4) (5) "Criminal history data" means information collected by
criminal justice agencies, the United States Department of Justice
for the department's information system, or individuals. The term
consists of the following:
(A) Identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges.
(B) Information regarding
an 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.
(C) Any disposition, including sentencing, and correctional system intake, transfer, and release.
(6) "Certificated employee" has the meaning set forth in IC 20-7.5-1-2.
(5) (7) "Criminal justice agency" means any agency or department
of any level of government whose principal function is the
apprehension, prosecution, adjudication, incarceration, probation,
rehabilitation, or representation of criminal offenders, the location
of parents with child support obligations under 42 U.S.C. 653, the
licensing and regulating of riverboat gambling operations, or the
licensing and regulating of pari-mutuel horse racing operations.
The term includes the office of the attorney general. The term
includes the Medicaid fraud control unit for the purpose of
investigating offenses involving Medicaid. The term includes a
nongovernmental entity that performs as its principal function the:
(A) apprehension, prosecution, adjudication, incarceration, or rehabilitation of criminal offenders;
(B) location of parents with child support obligations under 42 U.S.C. 653;
(C) licensing and regulating of riverboat gambling operations; or
(D) licensing and regulating of pari-mutuel horse racing operations;
under a contract with an agency or department of any level of
(6) (8) "Department" means the state police department.
(7) (9) "Disposition" means information disclosing that criminal
proceedings have been concluded or indefinitely postponed.
(8) (10) "Foreign protection order" has the meaning set forth in
(9) (11) "Indiana order" has the meaning set forth in
(8) (10) (12) "Inspection" means visual perusal and includes the
right to make memoranda abstracts of the information.
(9) (11) (13) "Institute" means the Indiana criminal justice
institute established under IC 5-2-6.
(10) (12) (14) "Law enforcement agency" means an agency or a
department of any level of government whose principal function
is the apprehension of criminal offenders. The term includes the
office of the attorney general.
(13) (15) "National criminal history background check" means
the criminal history record system maintained by the Federal
Bureau of Investigation based on fingerprint identification or any
other method of positive identification.
(14) (16) "Noncertificated employee" has the meaning set forth
in IC 20-7.5-1-2.
(11) (15) (17) "Protective order" has the meaning set forth in
(16) (18) "Qualified entity" means a business or an organization,
whether public, private, for-profit, nonprofit, or voluntary, that
provides care or care placement services, including a business or
an organization that licenses or certifies others to provide care
or care placement services.
(12) (13) (17) (19) "Release" means the furnishing of a copy, or
an edited copy, of criminal history data.
(13) ( 14) (18) (20) "Reportable offenses" means all felonies and
those Class A misdemeanors which the superintendent may
(14) (15) (19) (21) "Request" means the asking for release or
inspection of a limited criminal history by noncriminal justice
organizations or individuals in a manner which:
(A) reasonably ensures the identification of the subject of the inquiry; and
(B) contains a statement of the purpose for which the information is requested.
(20) (22) "School corporation" has the meaning set forth in
(21) (23) "Special education cooperative" has the meaning set
forth in IC 20-1-6-20.
(15) (16) (22) (24) "Unidentified person" means a deceased or
mentally incapacitated person whose identity is unknown.