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Posted February 12, 2008

Crime Records

Legislation Enacted in 2007

California AB 475 – Chapter 390

Statenet Summary:  Amends existing law that requires a person seeking to have a court order the record of his or her arrest destroyed to serve a copy of the petition on the prosecuting attorney of the county or city having jurisdiction over the offense.  Requires the petitioner to also serve a copy of the petition on the law enforcement agency having jurisdiction over the offense and allows the agency to present evidence at the motion through the district attorney.
NCSL Comments:  Relates to a petition to the court for destruction of arrest record; requires the petitioner to also serve a copy of the petition on the law enforcement agency having jurisdiction over the offense in addition to the prosecuting attorney and would allow the law enforcement agency to present evidence at the motion through the district attorney.

California SB 690 – Chapter 560

Statenet Summary:  Requires the Attorney General and local criminal justice agencies to provide criminal history information to city attorneys pursuing civil gang injunctions or drug abatement actions.  Requires the local agencies to provide information from a local summary criminal history under specified conditions.  Provides for a civil penalty for willfully making a false statement.
NCSL Comments:  Requires the Attorney General and local criminal justice agencies to provide criminal history information to city attorneys pursuing civil gang injunctions or drug abatement actions.  Also provides information in response to public records requests made in the interest of justice or for a scholarly or journalistic purpose.

Connecticut HB 7269 – Chapter 246

Statenet Summary:  Concerns criminal history background checks, child pornography, repeated false alarms and the destruction of seized fireworks, gives the Department of Public Safety the authority to adopt regulations to effectively implement federal requirements, prohibits the duplication of child pornography in connection with a criminal proceeding, assesses a fine for repeated false alarms, allows the destruction of seized fireworks.
NCSL Comments:  Allows the Commissioner of Public Safety to adopt regulations, in accordance with other provisions of law, necessary to implement the provisions of the National Child Protection Act of 1993, the Violent Crime Control and Law Enforcement Act of 1994, the Volunteers for Children Act of 1998, and the National Crime Prevention and Privacy Compact as provided in section 29-164f, to provide for national criminal history records checks to determine an employee's or volunteer's suitability and fitness to care for the safety and well-being of children, the elderly and individuals with disabilities.

Georgia HB 155 – Chapter 208

Statenet Summary:  Relates to the Department of Human Resources; permits the department to obtain criminal history background data on owners of personal care homes, private home care providers, and child welfare agencies; provides for definitions; provides for the establishment of a uniform method of obtaining criminal history background checks; prohibits owners with certain criminal records from operating licensed facilities.
NCSL Comments:  Permits the Department of Human Resources to obtain criminal history background data on owners of personal care homes, private home care providers, and child welfare agencies.  Provides for the establishment of a uniform method of obtaining criminal history background checks information.  Provides for confidentiality of certain information.

Louisiana HB 488 – Chapter 314

Statenet Summary:  Authorizes the Department of Public Safety and Corrections to provide the Attorney Disciplinary Board, Office of Disciplinary Counsel, and the Louisiana Supreme Court Committee on Bar Admissions access to criminal arrest and disposition records, provides that the Louisiana Attorney Disciplinary Board, Office of Disciplinary Counsel, and the Louisiana Supreme Court Committee on Bar Admissions may use criminal arrest and disposition records which have been expunged.

Maryland SB 152 – Chapter 521

Statenet Summary:  Waives specified costs and fees for specified volunteers at specified facilities and local departments of social services who are required to obtain a criminal history records check.
NCSL Comments:  Exempts volunteers for programs registered with the Maryland Mentoring Partnership from those who must pay fees related to required criminal history records check.

Michigan HB 4668 – Chapter 76

Statenet Summary:  Amends the existing provisions of existing law that prescribes a method for the fingerprinting of residents of the state and provides for the recording and filing thereof by the Central Records Division of the Department of State Police; provides for charging of a specified fee for processing and completing a name-based criminal record check; provides that the fee shall not be charged for employment background checks by government agencies and nonprofit charitable agencies.
NCSL Comments:  Allows the department of state police to charge a fee of up to $30, not to exceed actual cost, (until October 1, 2010) for taking and processing the fingerprints and completing a criminal record check of a resident of the state when requested for employment-related or licensing-related purposes.  Directs the department of state police to report to the Legislature each year on actual costs and adequacy of the fee in covering costs of employment related fingerprinting.  Until October 1, 2010, the department of state police may charge a fee of $10 for processing and completing a name-based criminal record check.  Fees may be charged in the case of a government agency or nonprofit charitable agency performing employment or volunteer employment name-based background checks through the internet criminal history access tool (ICHAT).

Missouri SB 62 – West’s No. 73 (632 RSMo)

Statenet Summary:  Relates to use of deadly force in defense of premises, including a dwelling, residence or vehicle, limits allowable use of deadly against a person leaving a premises, repeals the permit requirement for purchase of a concealable firearm, allows federal flight deck officers and certain retired peace officers to carried concealed weapons, requires mental health records to be made available Highway Patrol for reporting to the National Instant Background Check System.
NCSL Comments:  Makes certain mental health records available to the Highway patrol for reporting to the National Instant Background Check System.

Nebraska LB 470

Statenet Summary:  Changes provisions relating to dissemination of records of an arrest.
NCSL Comments:  Provides that record of an arrest be removed from the public record (for dissemination to persons other than criminal justice agencies) when no charges are filed one year from the date of arrest; or when charges are not filed as a result of completion of diversion two years from the date or arrest. In the case of arrest for which charges are filed but dismissed by the court, record of arrest shall not be part of public record after three years from the date of arrest.

Nevada SB 31 – Chapter 101

Statenet Summary:  Relates to records of criminal history, requires an agency of criminal justice to disseminate records of criminal history to the Aging Services Division of the Department of Health and Human Services, requires a law enforcement agency to provide to the Aging Services Division information relating to persons suspected of a crime against an older person.
NCSL Comments:  Adds the Aging Services Division of the Department of Health and Human Services to entities that may access criminal records as part of investigating a report of abuse, neglect, exploitation or isolation of an older person.  Includes records of criminal history of a suspect, whether or not the suspect resides with or near the older person, and summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person.

Nevada SB 389 – Chapter 160

Statenet Summary:  Prohibits the Central Repository for Records of Criminal History from charging a fee for information provided to any organization that meets the criteria that the Department of Public Safety considers in determining whether to award a grant of money from the Account to Investigate Background of Volunteers Who Work with Children.

Ohio SB 18 – Chapter 16

Statenet Summary:  Prohibits an offender from having a criminal record sealed when the underlying offense is importuning, or the underlying offense is voyeurism, public indecency, compelling prostitution, promoting prostitution, procuring, disseminating matter harmful to juveniles, displaying matter harmful to juveniles, pandering obscenity, or deception to obtain matter harmful to juveniles when the victim of the offense is under eighteen years of age.
NCSL Comments:  Prohibits an offender from having a criminal record sealed when the underlying offense is importuning, or the underlying offense is voyeurism, public indecency, compelling prostitution, promoting prostitution, procuring, disseminating matter harmful to juveniles, displaying matter harmful to juveniles, pandering obscenity, or deception to obtain matter harmful to juveniles when the victim of the offense is under eighteen years of age.

Oregon HB 2179 – Chapter 543

Statenet Summary:  Enables the Department of Human Services to obtain criminal offender information about alleged perpetrators of child abuse or neglect, and about household members of alleged victims of child abuse or neglect, without providing prior notice to or obtaining consent from the subject of the criminal offender record check, requires the department to notify the subject of the criminal offender record check after receipt of the criminal offender information.
NCSL Comments:  Includes in notice to individuals of a request for criminal history information related to employment, licensing or other permissable purposes.  Requires statement that the individual may challenge accuracy of criminal offender information.  Allows the Department of Human Services to obtain criminal offender information about alleged perpetrators of child abuse or neglect, and about household members of alleged victims of child abuse or neglect, without providing prior notice to or obtaining consent from the subject of the criminal offender record check.  Requires the Department to notify the subject of the criminal offender record check after receipt of the criminal offender information.

Oregon SB 273 – Chapter 331

Statenet Summary:  Allows the State Court Administrator to authorize access to case calendars, case registers and other case information that is kept in electronic form and is otherwise not open to the public, including information on cases related to juvenile law, child abuse, and alcohol or drug addiction, relates to the confidentiality of these records, requires the State Court Administrator to prescribe standards and procedures for access to these records for persons who need them to perform their duties.
NCSL Comments:  Allows the State Court Administrator to authorize access to case calendars, case registers and other case information that is kept in electronic form and is otherwise not open to the public, including information on cases related to juvenile law, child abuse, and alcohol or drug addiction.  Directs State Court Administrator to develop standards and proceduires for requesting and granting such access to persons who need access to perform duties with respect to the case.  Requires that persons granted such access preserve the confidentiality of the records.

Texas HB 1303 – Chapter 1017

Statenet Summary:  Relates to certain requirements applicable to orders of expunction or nondisclosure of criminal history records and to the protection of information that is the subject of one of those orders, prohibits the dissemination to any private entity that purchases criminal history information, if such entity has compiled or disseminated information that was the subject of an expunction order, for a specified period, requires security for standards for electronic transmission of such information.
NCSL Comments:  Addresses manner of providing notice of petition or order for the expunction or nondisclosure of certain criminal records, allowing electronic means.  Requires courts to set an expunction hearing not more than 30 days after a petition is filed.  Requires the Department of Public Safety to seal a record within 10 days of receipt of such an order, and requires courts send information subject to an order of nondisclosure to the Department of Pubic Safety, Crime Records Service, within 15 days of such order.  Requires security standards for electronic transmission of such information.