March 19, 2003
ENGROSSED
HOUSE BILL No. 1049
_____
DIGEST OF HB 1049
(Updated March 18, 2003 11:09 AM - DI 106)
Citations Affected: IC 5-2.
Synopsis: Waiver of charges for criminal record checks. Exempts area
agencies on aging, community action agencies, hospice programs, and
community mental health centers from paying a fee to obtain limited
criminal history records.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Courts and Criminal Code.
February 3, 2003, amended, reported _ Do Pass.
February 6, 2003, read second time, ordered engrossed. Engrossed.
February 10, 2003, read third time, passed. Yeas 93, nays 0.
SENATE ACTION
February 11, 2003, read first time and referred to Committee on Criminal, Civil and Public
Policy.
March 18, 2003, amended, reported favorably _ Do Pass.
March 19, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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ENGROSSED
HOUSE BILL No. 1049
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-5-13; (03)EH1049.1.1. -->
SECTION 1. IC 5-2-5-13, AS AMENDED BY P.L.109-2002,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 13. (a) The department may not charge a fee for
responding to a request for the release of a limited 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);
or
(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) The department may not charge a fee for responding to a request
for the release of a limited 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 criminal history if the request is made by a
school corporation, special education cooperative, or non-public school
(as defined in IC 20-10.1-1-3) as part of a background investigation of
an employee or adult volunteer for the school corporation, special
education cooperative, or non-public school.