Crime Records / Justice Information Sharing
Enactment Summaries || Compacts
Four states expand the ability of certain crime records to be expunged.
Mississippi
requires the court to expunge the record of an arrestee if there is no
prosecution of the case. States also fine-tuned the proper dissemination
of certain crime records. Four states made crime records less accessible
in certain circumstances. Louisiana exempts some sensitive crime
records from public record laws. Texas allows certain crime victims
to prevent the dissemination of otherwise public information to protect
their privacy and prohibits a private entity from compiling or disseminating
information where an order of nondisclosure has been issued.
Other states made certain records more accessible. Iowa provides
for the dissemination of intelligence information by law enforcement to
agencies, people or organizations in order to protect them from a threat
of imminent serious harm. Oregon authorizes certain agencies to
obtain information on individuals from the state police if it is need to
protect vulnerable persons.
New Hampshire established a commission to study the creation
of an integrated criminal justice system and any issue related to the privacy,
security of information that will be stored in the system.
Washington created an integrated justice Information Board to
develop a statewide justice information network. The board will coordinate
the development of an automated, single source for justice information
that will deliver complete, accurate and timely justice information. The
board will create a way to standardize data and communications technology
among law enforcement agencies, jails, prosecuting attorneys and courts.
It will also reduce redundant data collection and improve security and
privacy.
Michigan now permits the issuance of a search warrant by electronic
means of communication
Reference:
Mississippi SB 2306, Texas SB 1477, Louisiana, SB 593, Texas, SB 1477,
Iowa HB 216, Oregon HB 3363, New Hampshire HB 64, Washington HB 1605.
Enactment Summaries 2003
California SB 44
Expands the Central Coast Rural Crime Prevention Program. Requires
participating counties to collect information and maintain a database on
agricultural crimes.
California SB 752
Prohibits the inclusion of fingerprints, taken for infraction or misdemeanor,
from being included in any database. Excepts databases used by law enforcement
for establishing identity. Provides for a finding of factual innocence
due to mistaken identity through the use of fingerprint identification.
California SB 970
Establishes an electronic communications network to facilitate the
transmission of requests for criminal record information for employment,
licensing, certification, and custodial child placement or adoption purposes.
Colorado HB 1211
Provides for the expungement of and prevents the release of child abuse
and neglect public records that have been determined to be false or unsubstantiated.
Colorado HB 1352
Requires a background check for those enrolling in a law enforcement-training
academy. Prohibits person from enrolling in academy if the person has been
convicted of an offense that would prevent them from being certified as
a police officer.
Connecticut HB 5034
Requires law enforcement officials to obtain full information about
those in their custody prior to setting bond or releasing them by checking
the NCIC computerized index of criminal justice information.
Florida SB 10A
Establishes schedule of fees to be collected by the Florida Department
of Law Enforcement for producing criminal history information
Georgia SB 123
Requires courts to use standardized forms to enter information into
the Georgia Protective Order Registry. Requires protective orders to be
placed in the registry within 24 hours and enables access to the registry
by law enforcement officers.
Hawaii HB 135
Allows those living abroad who use a matchmaking services to access
criminal conviction and marital history information about prospective spouses
residing in the United States.
Illinois SB 423
Requires the court to expunge and seal the record of those who have
had the conviction set aside. Compiles a list of volunteer attorneys willing
to assist eligible individuals.
Indiana HB 1437
Exempts the health professions bureau and certain nonprofits from paying
a fee to obtain a criminal history record.
Indiana SB 311
Allows law enforcement agencies to release criminal history information
for a fee only if the law enforcement agency has properly reported felony
and certain misdemeanor arrests to the state police.
Iowa HB 216
Provides for the dissemination of intelligence information by law enforcement
to agencies, people or organizations in order to protect them from a threat
of imminent serious harm.
Kansas SB 63
Renames the Law Enforcement Telecommunications Committee the Criminal
Justice Information System Committee.
Louisiana SB 6
Requires criminal history information to be included in qualification
forms for candidates for public office.
Louisiana SB 884
Waives expungement fees for indigents in expungement proceedings.
Louisiana SB 593
Exempts certain records from the Louisiana Bureau of Criminal Identification
and Information from the Public Records Law.
Louisiana SB 705
Protects some Criminal Identification information from discovery in
civil proceedings.
Maine SB 354
Makes failure to comply with the requirements of the Interstate Compact
for Adult Offender Supervision a criminal offense.
Maryland HB 12
Requires registered sexual offenders who are granted a name change
by the court to send written notice of the change to the Department of
Public Safety and Correctional Services. Provides penalties for noncompliance.
Michigan HB 4715
Permits the issuance of a search warrant by electronic means of communication.
Mississippi S 2306
Requires the court to expunge the record of an arrest if there is no
prosecution of the case, the case was dismissed or the charges were dropped
Missouri SB 5 b
Allows city or county governing bodies to assess a surcharge of $2
on criminal cases, including municipal ordinance violations and juvenile
cases, for an "Inmate Security Fund" used to develop biometric identification
systems to ensure inmates can properly be identified and tracked within
the local jail system
New Hampshire HB 64
Establishes a commission to study the creation of an integrated criminal
justice system and any issue related to the privacy, security of information
that will be stored in the system.
Oregon HB 2089
Allows a law enforcement agency to arrest a person pursuant to federal
arrest warrant for criminal violation of immigration laws; allows exchange
of information on arestees with certain federal agencies.
Oregon HB 2207
Authorizes certain agencies to request criminal offender information
from the department of state police on subject individuals if the information
is required in order to protect vulnerable persons.
Oregon HB 3351
Allows a notary public to identify a person confined in a correctional
facility through examination of official government documents or records.
Oregon HB 3363
Provides that records of drug court participants are confidential and
be held separate from other records.
Texas HB 1027
Allows certain crime victims to prohibit the dissemination of otherwise
public information in order to protect their privacy.
Texas HB 2725
Allows the attorney representing the state in an expungement proceeding
to prevent the destruction of criminal history information until one year
after the expungement is ordered.
Texas SB 1477
Amends the Government Code to provide that if a person is placed on
deferred adjudication community supervision and subsequently receives a
discharge and dismissal and has not been convicted of certain offenses,
the person may petition the court that for an order of nondisclosure.
Washington HB 1605
Creates the Washington Integrated Justice Information Board to develop
a statewide justice information network. The board will coordinate the
development of an automated, single source for justice information that
will deliver complete, accurate and timely justice information. The board
will create a way to standardize data and communications technology among
law enforcement agencies, jails, prosecuting attorneys and courts. It will
also reduce redundant data collection and improve security and privacy.
2003 Compacts
In 2003, three states enacted the National
Crime Prevention and Privacy Compact, bringing the total number of
participating states to 20. The compact establishes formal procedures and
governance structures for the use and sharing of criminal information for
non-criminal justice purposes. Seven states adopted the Interstate
Compact for Adult Offender Supervision. Massachusetts, Mississippi
and Virginia have yet to adopt the compact. The compact establishes procedures
for information exchange to track offenders under correctional supervision.
In the first year following the circulation of the new Interstate
Compact for Juveniles eleven states adopted the compact. The compact
standardizes procedures for the management, monitoring, supervision and
return of juveniles, delinquents and status offenders who are on probation
or parole and who have absconded, escaped or run away from supervision
and control to states other than where they were sentenced. The compact
also advances the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compact will go
into effect after 35 states have become a party to it.
National Crime Prevention and Privacy Compact
New Hampshire H 205
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.
North Carolina HB 1024
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.
Tennessee HB 806
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.
Interstate Compact on Adult Supervision
Delaware HB 76
Enacts the Interstate Compact on Adult Supervision, providing for tracking
and supervision of offenders by sending and receiving states, and an interstate
commission that will establish uniform procedures for managing this population.
Indiana SB 205
Enacts the Interstate Compact on Adult Supervision, providing for tracking
and supervision of offenders by sending and receiving states, and an interstate
commission that will establish uniform procedures for managing this population.
Maine LD 311
Enacts the Interstate Compact on Adult Supervision, providing for tracking
and supervision of offenders by sending and receiving states, and an interstate
commission that will establish uniform procedures for managing this population.
Nebraska LB 46
Enacts the Interstate Compact on Adult Supervision, providing for tracking
and supervision of offenders by sending and receiving states, and an interstate
commission that will establish uniform procedures for managing this population.
New Hampshire H 633
Enacts the Interstate Compact on Adult Supervision, providing for tracking
and supervision of offenders by sending and receiving states, and an interstate
commission that will establish uniform procedures for managing this population.
West Virginia H 2705
Enacts the Interstate Compact on Adult, providing for tracking and
supervision of offenders by sending and receiving states, and an interstate
commission that will establish uniform procedures for managing this population.
Interstate Compact for Juveniles
Arizona HB 2106
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Connecticut HB 6475
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Delaware HB 84
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Louisiana SB 332
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Maine LD 1323
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Michigan HB 4145
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Montana SB 139
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
New Mexico HB 46
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
North Dakota H 1254
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Rhode Island SB 386
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
Washington SB 5133
Enacts the Interstate Compact for Juveniles, providing for tracking,
supervision or return of juveniles, delinquents or status offenders by
sending and receiving states. Provides for an interstate commission that
will establish uniform procedures for managing this population.
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