January 21, 2009
SENATE BILL No. 251
_____
DIGEST OF SB 251
(Updated January 20, 2009 11:52 am - DI 71)
Citations Affected: IC 5-2; IC 10-19.
Synopsis: Criminal intelligence information. Provides that criminal
intelligence information concerning a particular individual or
organization may be collected and maintained only if there is
reasonable suspicion that the individual or organization is involved in
criminal conduct or activity. Sets forth grounds for reasonable
suspicion. Requires certain security measures for criminal justice
agencies to use in maintaining and disseminating criminal intelligence
information. Provides that a criminal justice agency may not include in
a criminal intelligence system information that has been obtained in
violation of the law. Provides that, unless dissemination of information
to another person is necessary to avoid imminent danger to life or
property, a criminal justice agency may disseminate information only
to another criminal justice agency that follows security measures in
maintaining and disseminating information. Makes a corresponding
change to the statute governing the Indiana intelligence fusion center.
Effective: July 1, 2009.
Wyss
, Merritt
, Arnold
January 7, 2009, read first time and referred to Committee on Homeland Security,
Transportation & Veterans Affairs.
January 20, 2009, reported favorably _ Do Pass.
January 21, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 251
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 5-2-4-1; (09)SB0251.1.1. -->
SECTION 1. IC 5-2-4-1, AS AMENDED BY P.L.1-2007,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 1. As used in this chapter, unless the context
otherwise requires:
(1) "Criminal history information" means information collected
by criminal justice agencies or individuals consisting of
identifiable descriptions and notations of arrests, detentions,
indictments, informations, or other formal criminal charges, and
any disposition arising therefrom, sentencing, correctional
supervision, and release.
(2) "Criminal intelligence information" means
information on
identifiable individuals compiled in an effort to anticipate,
prevent or monitor possible criminal activity, including terrorist
activity. "Criminal intelligence information" does not include
criminal investigative information which is information on
identifiable individuals compiled in the course of the
investigation of specific criminal acts. data that have been
evaluated to determine that the data:
(A) are relevant to the identification of and the criminal
activity engaged in by an individual or an organization
that is reasonably suspected of involvement in criminal
activity; and
(B) meet criminal intelligence system submission criteria.
(3) "Criminal intelligence system" means the arrangements,
equipment, facilities, and procedures used for the receipt,
storage, interagency exchange or dissemination, and analysis
of criminal intelligence information.
(3) (4) "Criminal justice agency" means any agency or department
of any level of government which performs as its principal
function the apprehension, prosecution, adjudication,
incarceration, rehabilitation of criminal offenders, or location of
parents with child support obligations under 42 U.S.C. 653. The
term includes:
(A) a nongovernmental entity that performs as its principal
function the:
(i) apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders; or
(ii) location of parents with child support obligations under
42 U.S.C. 653;
under a contract with an agency or department of any level of
government;
(B) the department of homeland security established by
IC 10-19-2-1; and
(C) the Indiana intelligence fusion center established by
IC 10-19-10-2.
(5) "Interjurisdictional intelligence system" means a criminal
intelligence system that involves two (2) or more participating
agencies representing different governmental units or
jurisdictions.
(6) "Participating agency" means a criminal justice agency
that:
(A) exercises law enforcement or criminal investigation
authority; and
(B) is authorized to submit and receive criminal
intelligence information through an interjurisdictional
intelligence system.
A participating agency may be a member or a nonmember of
an interjurisdictional intelligence system.
SOURCE: IC 5-2-4-3; (09)SB0251.1.2. -->
SECTION 2. IC 5-2-4-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. Criminal intelligence information
concerning a particular individual or organization shall be collected
and maintained by a state or local criminal justice agency only if
grounds exist connecting the individual with known or suspected
criminal activity there is reasonable suspicion that the individual or
organization is involved in criminal conduct or activity and if the
information is relevant to that conduct or activity and meets criminal
intelligence system submission criteria.
SOURCE: IC 5-2-4-3.5; (09)SB0251.1.3. -->
SECTION 3. IC 5-2-4-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 3.5. (a) Reasonable suspicion or criminal predicate is
established when information exists that establishes sufficient facts
to give a trained law enforcement or criminal investigative agency
officer, investigator, or employee a basis to believe that there is a
reasonable possibility that an individual or an organization is
involved in a definable criminal activity or enterprise.
(b) In an interjurisdictional intelligence system, the criminal
justice agency is responsible for establishing the existence of
reasonable suspicion of criminal activity either:
(1) through examination of supporting information submitted
by a participating agency; or
(2) by delegation of the responsibility to a properly trained
participating agency that is subject to routine inspection and
audit procedures established by the criminal justice agency.
SOURCE: IC 5-2-4-4; (09)SB0251.1.4. -->
SECTION 4. IC 5-2-4-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 4.
Criminal intelligence information
shall be reviewed by the chief executive officer of the criminal justice
agency at regular intervals to determine whether the grounds for
retaining the information still exist and if not, it shall be destroyed. (a)
A criminal justice agency maintaining criminal intelligence
information shall:
(1) ensure that administrative, technical, and physical
safeguards, including audit trails, are adopted to ensure
against:
(A) unauthorized access; and
(B) intentional or unintentional damage;
to the information;
(2) keep a record indicating who has been given information,
the reason for release of the information, and the date of each
dissemination outside the criminal justice agency;
(3) label information to indicate:
(A) levels of sensitivity;
(B) levels of confidence; and
(C) the identity of the submitting agencies and control
officials; and
(4) establish written definitions for the need to know and right
to know standards for dissemination to other agencies under
section 6 of this chapter.
(b) A criminal justice agency is responsible for establishing the
existence of an inquirer's need to know and right to know
information by either:
(1) inquiry; or
(2) delegation of the responsibility to a properly trained
participating agency that is subject to routine inspection and
audit procedures established by the criminal justice agency.
(c) A criminal justice agency maintaining criminal intelligence
information shall ensure that the following security requirements
are implemented:
(1) Where appropriate, the criminal justice agency must
adopt effective and technologically advanced computer
software and hardware designs to prevent unauthorized
access to the information contained in the system.
(2) The criminal justice agency must restrict access to its
facilities, operating environment, and documentation to
organizations and employees authorized by the criminal
justice agency.
(3) The criminal justice agency must store information in the
system in a manner that the information cannot be modified,
destroyed, accessed, or purged without authorization.
(4) The criminal justice agency must institute procedures to
protect the information from unauthorized access, theft,
sabotage, fire, flood, or other natural or manmade disaster.
(5) The criminal justice agency must establish procedures
based on good cause for implementing the authority to screen,
reject for employment, transfer, or remove employees
authorized to have direct access to the system.
(d) A criminal justice agency may authorize and use
off-premises remote system data bases to the extent the data bases
comply with the security requirements set forth in subsection (c).
(e) A criminal justice agency shall establish procedures to
ensure that all information retained by the criminal justice agency
has relevancy and importance. The procedures must:
(1) provide for the periodic review of information and the
destruction of any information that is misleading, obsolete, or
otherwise unreliable; and
(2) require that any recipient agencies are advised of changes
that involve errors or corrections.
All information in the system must be reviewed and determined to
comply with the criteria for submission to the system at least one
(1) time during each five (5) year retention period. Information
retained after a periodic review must reflect the name of the
reviewer, the date of the review, and an explanation of the decision
to retain the information.
SOURCE: IC 5-2-4-5; (09)SB0251.1.5. -->
SECTION 5. IC 5-2-4-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 5. No (a) A criminal justice agency
shall not collect or maintain information about the political, religious
or social views, associations or activities of any individual, group,
association, corporation, limited liability company, business, or
partnership, or other organization, unless such the information
directly relates to an investigation of past or threatened criminal acts or
activities and there are reasonable grounds to suspect the subject of the
information is or may be involved in criminal acts or activities.
criminal conduct or activity and there is reasonable suspicion that
the subject of the information is or may be involved in criminal
conduct or activity.
(b) A criminal justice agency shall not include in a criminal
intelligence system information that has been obtained in violation
of any applicable federal, state, or local law or ordinance. In an
interjurisdictional intelligence system, the criminal justice agency
is responsible for establishing that information is not entered in
violation of federal, state, or local laws or ordinances, either:
(1) through examination of supporting information submitted
by a participating agency; or
(2) by delegation of the responsibility to a properly trained
participating agency that is subject to routine inspection and
audit procedures established by the criminal justice agency.
SOURCE: IC 5-2-4-6; (09)SB0251.1.6. -->
SECTION 6. IC 5-2-4-6, AS AMENDED BY P.L.186-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 6. (a) Criminal intelligence information is hereby
declared confidential and, except as provided in subsection (b), may
be disseminated only: in accordance with section 7 of this chapter,
(1) to a criminal justice agency that agrees to follow
procedures regarding information receipt, maintenance,
security, and dissemination that are consistent with the
principles set forth in this chapter regarding information
receipt, maintenance, security, and dissemination; and only
(2) if the agency making the dissemination is satisfied that the
there is a need to know and intended uses of the information are
reasonable and that the confidentiality of the information will be
maintained. a right to know the information in the
performance of a criminal justice activity.
(b) When necessary to avoid imminent danger to life or
property, a criminal justice agency may disseminate an assessment
of criminal justice information to:
(1) a government official; or
(2) another individual:
(A) whose life or property is in imminent danger;
(B) who is responsible for protecting the life or property of
another person; or
(C) who may be in a position to reduce or mitigate the
imminent danger to life or property.
SOURCE: IC 5-2-4-7; (09)SB0251.1.7. -->
SECTION 7. IC 5-2-4-7, AS AMENDED BY P.L.186-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 7. (a) Except as provided in subsection (b), A
person who knowingly releases criminal intelligence information to an
agency or person other than a criminal justice agency in violation of
section 6 of this chapter commits a Class A misdemeanor.
(b) When necessary to avoid imminent danger to life or property, a
criminal justice agency may disseminate an assessment of criminal
intelligence information to:
(1) a government official; or
(2) another individual:
(A) whose life or property is in imminent danger;
(B) who is responsible for protecting the life or property of
another person; or
(C) who may be in a position to reduce or mitigate the
imminent danger to life or property.
SOURCE: IC 10-19-10-4; (09)SB0251.1.8. -->
SECTION 8. IC 10-19-10-4, AS ADDED BY P.L.101-2006,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 4. The Indiana intelligence fusion center may
collect criminal intelligence information only if:
(1)
reasonable suspicion exists the individual or organization
that
is the subject of the criminal intelligence information is
involved reasonably suspected of involvement with
or has
knowledge of possible criminal or terrorist activity; and
(2) the criminal intelligence information:
(A) is relevant to the criminal or terrorist activity;
and
(B) meets criminal intelligence system submission criteria.