January 18, 2008
HOUSE BILL No. 1232
_____
DIGEST OF HB 1232
(Updated January 16, 2008 5:08 pm - DI 69)
Citations Affected: IC 10-13; IC 20-28.
Synopsis: Criminal history checks. Exempts a postsecondary
educational institution from paying a fee for a limited criminal history
record of a student in the institution's school of education before the
student begins the student's field or classroom experience. Requires an
expanded criminal history background check for a person seeking to
obtain or renew a teaching license or certificate.
Effective: January 1, 2009.
Hoy, Koch
, Knollman
January 14, 2008, read first time and referred to Committee on Courts and Criminal Code.
January 17, 2008, reported _ Do Pass.
January 18, 2008
Second Regular Session 115th General Assembly (2008)
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HOUSE BILL No. 1232
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-3-36; (08)HB1232.1.1. -->
SECTION 1. IC 10-13-3-36, AS AMENDED BY P.L.2-2007,
SECTION 147, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 36. (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);
(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) Except as provided in subsection (d), the department may not
charge a fee for responding to a request for the release of a limited
criminal history record made by the department of child services or the
division of family resources if the request is made as part of a
background investigation of an applicant for a license under IC 12-17.2
or IC 31-27.
(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 nonpublic school
(as defined in IC 20-18-2-12) as part of a background investigation of
a prospective or current employee or a prospective or current adult
volunteer for the school corporation, special education cooperative, or
nonpublic school.
(d) As used in this subsection, "state agency" means an authority, a
board, a branch, a commission, a committee, a department, a division,
or another instrumentality of state government, including the executive
and judicial branches of state government, the principal secretary of the
senate, the principal clerk of the house of representatives, the executive
director of the legislative services agency, a state elected official's
office, or a body corporate and politic, but does not include a state
educational institution. 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:
(1) by a state agency; and
(2) through the computer gateway that is administered by the
office of technology established by IC 4-13.1-2-1.
(e) The department may not charge a fee for responding to a request
for the release of a limited criminal history record made by the Indiana
professional licensing agency established by IC 25-1-5-3 if the request
is:
(1) made through the computer gateway that is administered by
the office of technology; and
(2) part of a background investigation of a practitioner or an
individual who has applied for a license issued by a board (as
defined in IC 25-1-9-1).
(f) The department may not charge a church or religious society a
fee for responding to a request for the release of a limited criminal
history record if:
(1) the church or religious society is a religious organization
exempt from federal income taxation under Section 501 of the
Internal Revenue Code;
(2) the request is made as part of a background investigation of a
prospective or current employee or a prospective or current adult
volunteer; and
(3) the employee or volunteer works in a nonprofit program or
ministry of the church or religious society, including a child care
ministry registered under IC 12-17.2-6.
(g) The department may not charge the school of education of
a public or private postsecondary educational institution a fee for
responding to a request for the release of a limited criminal history
record if the request is made as part of a background investigation
of a student before or after the student begins the student's field or
classroom experience.
SOURCE: IC 20-28-1-6.2; (08)HB1232.1.2. -->
SECTION 2. IC 20-28-1-6.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2009]: Sec. 6.2. "Expanded criminal history check"
means a criminal history background check of an individual that
includes:
(1) a search of the records maintained by all counties in
Indiana in which the individual who is the subject of the
background check resided
for a period of seven (7) years
preceding the date of the background check;
(2) a search of the records maintained by all counties or
similar governmental units in another state, if the individual
who is the subject of the background check resided in another
state within the seven (7) year period preceding the date of the
background check; and
(3) a check of:
(A) sex offender registries in all fifty (50) states; or
(B) the national sex offender registry maintained by the
United States Department of Justice.
SOURCE: IC 20-28-5-9; (08)HB1232.1.3. -->
SECTION 3. IC 20-28-5-9, AS ADDED BY P.L.246-2005,
SECTION 160, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2009]: Sec. 9. (a) An applicant
seeking to
obtain or renew a license or certificate must do the following:
(1) Submit a request to the Indiana central repository for limited
criminal history information under IC 10-13-3.
(2) (1) Obtain a copy of
the limited an expanded criminal history
check for the applicant.
from the repository's records.
(3) (2) Submit to the department the
limited expanded criminal
history
check for the applicant.
(4) (3) Submit to the department a document verifying a
disposition that does not appear on the
limited expanded criminal
history
check for the applicant.
The department may not grant a certificate or license to or renew
the license or certificate of an applicant who fails to submit an
expanded criminal history check for the applicant to the
department. For the purposes of this subsection, the department
may accept a copy of an expanded criminal history check from an
applicant if the criminal history check was performed not more
than one (1) year before it is provided to the department.
(b) The department may deny the issuance
or renewal of a license
or certificate to an applicant who is convicted of an offense for which
the individual's license may be revoked or suspended under this
chapter.
(c) The department
must may not use the information obtained
under this section
in accordance with IC 10-13-3-29. for purposes:
(1) other than those that relate to the application, licensing, or
renewal process; or
(2) that deny the applicant any civil right to which the
applicant is entitled.
(d) An applicant is responsible for all costs associated with meeting
the requirements of this section.