Introduced Version






SENATE BILL No. 386

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 10-13-3.

Synopsis: Background checks by local units. Requires the state police department to establish a criminal history flat fee program under which a county, municipality, or township is entitled to the release of an unlimited number of limited criminal history records after paying a yearly flat fee to the department. Provides that the department shall set the flat fee and is not required to charge every unit the same fee. Makes other changes and conforming amendments.

Effective: July 1, 2009.





Deig




    January 8, 2009, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 116th General Assembly (2009)


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SENATE BILL No. 386



    A BILL FOR AN ACT to amend the Indiana Code concerning public safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 10-13-3-30; (09)IN0386.1.1. -->     SECTION 1. IC 10-13-3-30, AS AMENDED BY P.L.216-2007, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 30. (a) Except as provided in subsection (c) or (d), on request for release or inspection of a limited criminal history, law enforcement agencies may, if the agency has complied with the reporting requirements in section 24 of this chapter, and the department shall do the following:
        (1) Require a form, provided by law enforcement agencies and the department, to be completed. The form shall be maintained for two (2) years and shall be available to the record subject upon request.
        (2) Collect a three dollar ($3) fee to defray the cost of processing a request for inspection.
        (3) Collect a seven dollar ($7) fee to defray the cost of processing a request for release. However, law enforcement agencies and the department may not charge the fee for requests received from the parent locator service of the child support bureau of the

department of child services.
    (b) Law enforcement agencies and the department shall edit information so that the only information released or inspected is information that:
        (1) has been requested; and
        (2) is limited criminal history information.
    (c) The fee required under subsection (a) shall be waived if the request relates to the registration of sex or violent offenders under IC 11-8-8 or the Indiana sex and violent offender registry under IC 36-2-13-5.5 or concerns a person required to register as a sex or violent offender under IC 11-8-8.
     (d) The fee required under subsection (a) does not apply to a unit that participates in the criminal history flat fee program under section 36.5 of this chapter.

SOURCE: IC 10-13-3-36.5; (09)IN0386.1.2. -->     SECTION 2. IC 10-13-3-36.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 36.5. (a) As used in this section, "criminal history flat fee program" means a program under which a unit (as defined in IC 36-1-2-23) is entitled to the release of an unlimited number of limited criminal history records after paying a yearly fee to the department.
    (b) The department shall establish a criminal history flat fee program.
    (c) The department shall set the flat fee to be paid by a unit participating in the criminal history flat fee program. In setting the flat fee, the department shall select an amount that is reasonably related to the cost of releasing limited criminal history records to the unit. The department may consider any relevant factor in setting the flat fee. The department is not required to charge every unit the same fee.
    (d) A unit that participates in the criminal history flat fee program may obtain the release of limited criminal history records only if the unit is otherwise entitled to the release of limited criminal history records under this chapter.