criminal history access;
compact
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Committee on Judiciary |
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Committee on Public Institutions and Rural Affairs |
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Caucus and COW |
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Third Read |
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As Passed the House |
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HB 2356 stipulates that the Department of Public Safety shall make criminal history available as provided in the National Crime Prevention and Privacy Compact. A strike-everything amendment was adopted in the Judiciary Committee that establishes the provisions, definitions, responsibilities, procedures for and ratification of the National Crime Prevention and Privacy Compact.
HB 2356 was amended in Judiciary with the strike-everything amendment.
The United States Congress established the National Crime Prevention and Privacy Compact to facilitate the exchange of criminal-history records for non-criminal justice purposes between the federal government and the states. Fourteen states have ratified the National Crime Prevention and Privacy Compact since Congress adopted it. The compact became effective following the ratification by Montana and Georgia in 1999. The provisions of the compact apply to the federal government and states that have adopted the compact.
A strike-everything amendment to HB 2356 was adopted in the Judiciary Committee with the following provisions:
· Establishes the National Crime Prevention and Privacy Compact
· Establishes an electronic information sharing system among states and the federal government for the exchanges of criminal history records for non-criminal justice purposes, defined as the use of criminal history records for crime prevention and other legitimate law enforcement purposes authorized by federal or state law, including employment suitability or licensing determinations, immigration and naturalization matters and national security clearances.
· Defines the terms administration of criminal justice, compact officer, criminal history record repository, criminal history records, criminal justice, criminal justice agency, criminal justice services, criterion offense, direct access, executive order, FBI, interstate identification index system, national fingerprint file, national identification index, national indices, non-compact or nonparty state, noncriminal justice purposes, party state or compact state, positive identification, sealed record information and state.
· Requires the Federal Bureau of Investigation (FBI) to allow access to the national identification index and the national fingerprint file.
· Requires party states to provide criminal history records for the repositories of other states and the federal government.
· Requires the FBI Director to regulate the use of records and to ensure that federal users of the III system comply with the standards of the Compact Council.
· Requires the FBI to provide criminal history records to compact states and a telecommunications network for the exchange of information. The FBI must also modify user agreements with non-compact states.
· Requires each compacting state to appoint a compact officer, maintain a criminal history record repository and participate in the national fingerprint file and telecommunications link.
· Requires that the FBI and compacting states disclose criminal history records for noncriminal justice purposes authorized by law upon request by criminal justice agencies and other governmental or nongovernmental agencies.
· Stipulates that a no record response will be issued if there is no information available that is authorized for release.
· Allows state criminal history records repositories and the FBI to charge fees for handling records requests that involve fingerprint processing.
· Provides for a state to forward a request to the FBI if the state cannot positively identify the subject of a record request.
· Establishes a Compact Council, located within the FBI for administrative purposes, to regulate the use of the III System.
· Stipulates that the Council shall consist of 15 members appointed by the U.S. Attorney General.
· Becomes effective upon ratification by two or more states and applies to other states upon adoption of the compact.
· Specifies that the Director of the FBI maintains control over the FBI’s collection and dissemination of criminal history records.
· States that the authority of each compacting state for its own criminal history record repository does not change as a result of adopting the compact.
· Stipulates that the compact binds each party state until renounced by the state.
· Specifies that the provisions of the compact are severable if they are contrary to the constitution of any participating state.
· Grants the Compact Council original jurisdiction concerning the rules and standards of the compact and provides for appeal to the U.S. Attorney General and then to the appropriate U.S. District Court.
The strike-everything amendment was adopted in the Judiciary Committee.
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45th Legislature
Second Regular Session 3 March 26, 2002
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