Crime Records and Information Sharing State Legislation in 2006

Legislatures adopted policies to regulate offender information that is available to the public. The most common area for regulation included dissemination and expungement of crime records and the sharing of justice information.

Louisiana sets guidelines for certain background checks stipulating that the information will only include the previous ten years. Hawaii and Vermont established committees to study and make recommendations on public access to criminal history records. Virginia created a council to promulgate rules governing access, use and disclosure of crime record information. Hawaii now provides for the expungement of criminal records if a first-time drug offender has completed drug treatment and complied with the terms set by the court.

Hawaii and West Virginia adopted the National Crime Prevention and Privacy Compact, allowing the sharing of electronic criminal history information among participating states, bringing the total number of states to ratify to the compact to 27. Wisconsin adopted the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. 30 states have now adopted the compact.

2006 Enactment summaries.

Alaska SB 249

Adds a person released on bail to the list required events that must be reported to the Department of Public Safety.

Arizona SB 1125

Directs law enforcement agencies to submit information relevant to the operation of the statewide uniform crime reporting program. Adds system network log searches to the definition of “criminal justice information.”

Connecticut HB 5084

Allows the State Police Bureau of Identification to store fingerprints in either paper or electronic format. Requires the Bureau to delete all identification data for a person found not guilty, when charges are dropped, or if a person has no criminal history. Requires law enforcement to immediately submit identification data for persons arrested for moral turpitude.

Florida HB 1001

Exempts fingerprint and palm print records from public records requirements.

Georgia HB1335

Provides that an exonerated first offender's criminal record may be disclosed to allow law enforcement units or Georgia Peace Officer Standards and Training Council to review for hiring purposes. Provides first offender probation discharges for a felony offense or crime of moral terpitude to disqualify a person from employment with law enforcement or peace officer certification.

Hawaii HB 1984

Requires a review committee of the judicial council to investigate the current status of internet access to criminal conviction data, recommend action necessary to protect offenders balanced against the public interest, and report its findings to the state legislature.

Hawaii HB 2780

Allows a person sentenced prior to 7/01/04 for a first-time drug offense, who has completed a drug treatment and complied with terms set by the court, to apply for expungement of the record of conviction.

Hawaii SB 695

Adopts the National Crime Prevention and Privacy Compact, allowing the sharing of electronic criminal history information among participating states. Prohibits non-conviction or correctional treatment information from being released.

Hawaii SB 696

Provides for a single fee for criminal history records check. Includes records check via computer in fee schedule. Extends the fee exemption to include nonprofit organizations for record checks conducted on adult volunteers having direct contact with the elderly and disabled.

Hawaii SB 2602

Adds persons and entities that are allowed access to adult probation records; including, social workers, court officers, treatment providers, and collections agencies. Restricts victim's access to adult probation records to the name and contact information of the defendant's adult probation officer. Provides a penalty of $500 for misuse of information. Enacted without governor's signature on April 26, 2006.

Illinois HB 4298

Creates the Interstate Sex Offender Task Force. Provides the task force shall examine systems of communication between states, laws of Illinois' border states, and residency restricitons for offenders. Corrdinates meetings with similar task forces in Iowa, Wisconsin, Indiana, Kentucky, and Missouri.

Indianan SB 191

Provides that a sheriff, police department, or criminal justice agency required to report an arrest to the state central repository for criminal history data shall transmit a photograph of the person who is the subject of the report at the time the arrest is reported. Allows the state police department to adopt guidelines concerning the method of transmitting photographs, and requires a person submitting the photograph to follow the department's guidelines. Includes a photograph as part of the information that may be obtained in a limited criminal history.

Kansas HB 2529

Increases docket fees for crimes of murder and manslaughter from $166.50 to $172.00, other felonies from $157.00 to $163.00, misdemeanors from $122.00 to $128.00, and traffic and cigarette or tobacco violations from $60 to $66.

Louisiana HB54

Allows any person obtaining an expungement order for an arrest record to petition the court for actual innocence. Provides that upon the petition, the court may order all agencies involved with the arrest to destroy the records.

Louisiana HB 1373

Provides with respect to background checks for persons applying for a supervisory position with authority over children that the background check will only include the previous ten year period. Requires the information to only specify whether the applicant was convicted or pled nolo contendre and the date.

Michigan HB 5275

Amends the "L.E.I.N. policy council act of 1974" to Create a Criminal Justice Information Systems policy council to promulgate rules governing access, use, and disclosure of information in criminal justice information systems, and penalties.

Michigan HB 5276

Creates and maintains fingerprint identification and criminal hisotry record within the department of state police. All criminal hisotry information associated with a state identification number and supported by fingerprint impressions would have to be disseminated in reponse to a fingerprint-based or name-based search of the criminal history record database.

Michigan HB 5277

Ensures access to information obtained by a federal, state, or local governmental agency to administer criminal justice or enforce any law. Ensures access to information provided by LEIN to the Automated Fingerprint Identification System (AFIS) by a governmental agency engaged in the enforcement of child support laws or vulnerable adult protection laws. Authorizes the attorney general, a prosecuting attorney, or the court, to disclose to a defendant, or an attorney of record representing that defendant, information pertaining to that defendant. Establishes fees for access, use, or dissemination of information from criminal justice information systems (CJIS). Prohibits accessing, using, or disclosing non-public information governed under the CJIS act for personal use or gain. Requires the council to advise the governor on issues pertaining to CJIS. Requires all persons having direct access to non-public information in the information systems governed by CJIS to be approved for access under the CJIS security policy, including state and federal fingerprint checks. Increases the maximum term of imprisonment for a violation of the act on a first offense from 90 to 93 days, and applies the criminal penalties only to intentional violations.

Mississippi SB 2841

Revises the duties of the Mississippi Justice Information Center to include storing fingerprints collected from crime scenes, from people who have submitted fingerprints for background checks, and all law enforcement officers.

New Hampshire HB 459

Clerifies that law enforcement have access to all criminal justice data for investigative purposes. Provides that the information will be made available on a case-by-case basis.

Tennessee SB 3609

Creates the Integrated Criminal Justice Steering Committee to facilitate the development of cost-effective, integrated justice information systems that maximize standardization of information and communications technology across the state's justice agencies.

Utah SB 150

Requires the full amount of court ordered restitution be paid before a person can be eligible for expungement or before a court can enter a conviction to the next lower degree of a criminal offense.

Vermont SB 262

Permits an employer to obtain conviction records for persons applying for a position. Permits the Vermont Criminal Justice Training council to obtain conviction records for persons accepted into an instruction course. Permits licensed private investigators to obtain conviction records if they are working for a criminal justice agency, the attorney of record in a criminal matter, or an insurance company investigating fraud. Allows an individual to receive their own criminal conviction record. Requires employers to keep a confidential log of all criminal conviction records and destroy the information after three years. Exempts employers who work with children, the elderly, and the disabled from the criminal conviction record fee. Establishes an Access to Criminal Hisotry Record Information Committee to study and make recommendations regarding public access to statewide criminal histroy records.

Virginia HB 847

Identical to SB 561. Requires the Department of Corrections and Juvenile Justice to gather and disseminate information on individuals identified as gang members to the Commonwealth's Attoney's Services Council for the purpose of maintaining a list of criminal gang members. Specifies that law enforcement agancies, school administrations, criminal justice agencies conducting research, and probation offices are included as entities that may examine juvenile records if they have a legitimate interest. Identical to SB 561

Virginia HB 1417

Provides that presentencing investigation reports compiled by local probation officers for general district courts are to remain confidential and are exempt from the Virginia Freedom of Information Act.

Virginia SB 567

Allows the Virginia Criminal Sentencing Commission access to juvenile record information for research purposes.

Washington SB 6717

Extends the joint task force on criminal background check processes to December 31, 2006 and adds an additional member from the Washington association of criminal defense lawyers.

Washington SB 6720

Revises statutory language reguarding criminal history and fingerprint records to make consistent with SSB 5899 that passed in the Legislature in 2005. Delets references to child abuse, offenders, department of social and health services, dependency record information, and protection proceeding record information.

West Virginia HB 4386

Wisconsin AB 41

Enacts the Interstate Compact for Juveniles, providing for the tracking, supervision or return of juveniles, delinquents or status offenders by sending and receiving states. Establishes an interstate commission that will provide uniform procedures for managing this population.

Wyoming SB 105

Authorizes, under the Wyoming Criminal History Record Act, fire districts and fire departments to conduct state and national criminal background checks and fingerprinting on prospective employees. Adds homeland security employees and eliminates private entities from those eligible for background checks.