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Indiana General Assembly
House Bill 1410


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House Bill 1410

ARCHIVE (2007)

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DIGEST OF HB1410 (Updated April 11, 2007 1:50 pm - DI 84)

Criminal history checks. Exempts a post-secondary school of education from paying a fee for a limited criminal history record for a student before the student begins the student's field or classroom experience. Requires a criminal history background check for: (1) an applicant for employment; (2) a volunteer; or (3) a contract employee; with a school corporation who begins employment after June 30, 2007. Specifies that the background check must include a check of the sex offender registry in all 50 states, and either: (1) a national background check; or (2) an expanded background check (a check of county records for the preceding 10 years in states in which the subject of the check resided). Requires the sex offender registry check and the check of the individual's Indiana criminal history to be completed within 72 hours after the individual begins employment. Requires the remaining part of the background check to be completed at least three months after the individual begins employment. Specifies the results of the criminal history background check may include only: (1) criminal history data with disposition information; and (2) information with respect to any arrest or criminal charge that occurred less than one year before the date the background check was initiated even if a disposition concerning the arrest or criminal charge has not been entered. Allows a school corporation to enter into an agreement with a private entity that is subject to the federal Fair Credit Reporting Act to perform criminal background checks, and requires the private entity to: (1) include a disclaimer explaining what information is not included in the check; and (2) note that an arrest or a pending charge is not evidence of guilt. Makes it a Class A infraction for a private entity to disclose information compiled as part of a criminal history check for another purpose without the written authorization of the person who is the subject of the check. Specifies that a limited criminal history check includes arrests even if there is no disposition. Requires requests for limited criminal history submitted by noncriminal justice agencies and individuals to be name based, and requires the state police department to inform persons who receive criminal history information of the scope of the information. Requires a court to order a convicted defendant to be fingerprinted unless the defendant was arrested and processed at the county jail, and requires the security and privacy council to adopt rules to ensure the uniform and efficient submission of criminal history data to the state police department. Grants civil immunity to prosecuting attorneys, clerks, and law enforcement officials for good faith errors or omissions that relate to the transmission of fingerprints or other criminal history data. Permits an employer to request a limited criminal history check of an employee who provides services involving contact with children or individuals who are mentally ill or disabled. Makes other changes and conforming amendments.
Current Status:
 In Conference Committee
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