Criminal Justice Information Systems
2002 Enacted Legislation
update 1/21/03
Enacted
Legislation || Compacts
|| Interstate
Compact for Adult Offender Supervision
In 2002, three states enacted the National
Crime Prevention and Privacy Compact, bringing the total number of
participating states to 16. The compact establishes formal procedures and
governance structures for the use and sharing of criminal information for
non-criminal justice purposes. Fifteen states and the District of Columbia
adopted the Interstate
Compact for Adult Offender Supervision, bringing the compact into effect
and raising the total number of participants to 41. The compact establishes
procedures for information exchange to track offenders under correctional
supervision.
Several states enacted measures to help fund integration efforts last
year. Arizona created a county jail-facility excise tax to fund an integrated
criminal justice information system (H.B.
2313). Florida authorized the use of civil penalties to fund local
law-enforcement automation (S.B.
1554) and Louisiana now requires fees for civil applicants to be paid
to an information fund (S.B.
21A).
Other legislative measures addressed the dissemination of criminal records.
California limits the release of criminal information for employment, licensing
or certification purposes to convictions and arrests for which the applicant
is pending trial. Delaware prohibits criminal defendants from accessing
records of the jury pool (S.B.
303).
For more information contact Blake Harrison, 303.830.2200 x 326, blake.harrison@ncsl.org
Enacted Legislation
Arizona
H.B. 2551 Signed by Governor May 6, 2002
Permits police officers and prosecutors to keep information regarding
their addresses and telephone numbers confidential.
Arizona
H.B. 1164 Signed by Governor May 2, 2002
Describes the procedures for specific departments to submit fingerprints
to the Department of Public Safety to obtain a state and federal criminal
history check.
Arizona
H.B. 2313 Signed by Governor May 21, 2002
Provides for a county jail-facility excise tax to help fund substance
abuse programs and an integrated criminal justice information system.
California SB 900
Limits the release of criminal information for employment, licensing
or certification purposes to convictions and arrests for which the applicant
is pending trial. Details what information should be disseminated concerning
applicants for positions, licenses, or certification in law enforcement,
in-home care, residential care, child day care, foster care, community
care, banking, security services, and others.
Delaware
H.B. 412 Signed by Governor May 9, 2002
Codifies the process for the acquisition and review of criminal history
background information in a central location in order to ensure compliance
with Federal law and regulations
Delaware
S.B. 303 Signed by Governor July 9, 2002
Limits the Public Defender's right of access to the records of his
clients; codifies that criminal defendants have no right of access to the
records of jury pool.
Florida
S.B. 1554 Signed by Governor March 20, 2002
Authorizes the use of civil penalties to fund local law enforcement
automation; provides for the distribution of a portion of civil penalties
to municipalities that maintain independent but compatible radio communication
systems with the county.
Illinois
H.B. 4879 Signed by Governor August 22, 2002
Requires private detectives, alarm installers, security guards, and
locksmiths to submit fingerprints for background checks.
Indiana
S.B. 410 Signed by Governor March 28, 2002
Specifies that the Office of the Attorney General is a criminal justice
and a law enforcement agency for purposes of laws concerning criminal history
information.
Kentucky
H.B. 595 Signed by Governor April 9, 2002
Adds to the list of offenses that will be checked in by the State Police
or Federal Bureau of Investigation for hiring teachers. Allows private
schools to require background checks as a condition of employment.
Louisiana
S.B. 21A, 2002
Creates the Criminal Identification and Information Fund. Requires
fees for civil applicant processing to be paid to the fund.
Maine
H.B. 1486 Signed by the Governor, March 25, 2002
Allows law enforcement agencies that take finger and palm prints for
non criminal justice purposes to submit them directly to the State Bureau
of Identification; allows the Bureau to charge a fee for each requested
criminal history record check.
Maryland
H.B. 943 Signed by Governor, April 25,2002
Establishes the rules for the dissemination of criminal history record
information of minors.
Michigan
S.B. 927 Signed by Governor April 9, 2002
Increases the fee increase for fingerprint processing by the Department
of State Police for criminal records checks.
Missouri
S.B. 1895 Signed by Governor July 12, 2002
Establishes the criminal records and justice information advisory committee.
New
Mexico H.B. 297 Signed by Governor, March 4, 2002
Allows an offender to petition the court for the expungement of arrest
information provided the arrest was for a misdemeanor or petty misdemeanor
offense and the arrest was not for a crime of moral turpitude.
North Dakota E.O. 6, Filed with Secretary of State January, 2001.
Establishes the Criminal Justice Information Board; appoints heads
from state government and agencies to set policy relating to the collection,
storage, and sharing of criminal justice information and the systems necessary
to perform such functions.
Oklahoma
S.B. 1319 Signed by Governor January 25, 2002
Requires court ordered release of juvenile sex offender information
to be promptly made available for public inspection pursuant to rules promulgated
by the Office of Juvenile Affairs.
Oklahoma
S.B. 1600 Signed by Governor April 15, 2002
Authorizes disclosure of certain investigative records for accreditation
purposes.
South
Carolina SB 585
Approves new regulations established by the South Carolina Law Enforcement
Division defining non-conviction data and making record dissemination rules
consistent with statutes.
Tennessee S.B. 2015
Signed by Governor March 19, 2002
Prohibits expungement of appellate court records.
Virginia
H.B. 308 Signed by Governor April 8, 2002
Requires crime code references on all reports to the Central Criminal
Records Exchange and to any other criminal offense or offender database
maintained of the Supreme Court, the Department of Correction, the Department
of Juvenile Justice, the Parole Board and the Department of Criminal Justice
Services.
Virginia
H.B. 488 Signed by Governor April 8, 2002
Requires law enforcement agencies to enter the names of those subject
to protective orders into the Virginia Criminal Information System.
Virginia
H.B. 637 Signed by Governor April 2, 2002
Provides for a cooperative exchange of information between the United
States Department of State, The INS and other federal law enforcement agencies
and the State Department of Motor Vehicles and State Police
Virginia
H.B. 724 Signed by Governor April 7, 2002
Exempts pretrial investigation reports and community-based probation
reports from the Virginia Freedom of Information Act.
Utah
H.B. 101 Signed by Governor, April 8, 2002
Requires race information to be provided on the driver license application
and the state identification card application; requires the Drivers License
Division to establish a protected database to monitor traffic stops by
peace officers; provides the Commission on Criminal and Juvenile Justice
access to the information for evaluation
Washington
S.B. 6488 Signed by Governor May 26, 2002
Allows for the creation and maintenance of a statewide registered sex
offender web site, which shall be available to the public.
Compacts
Three states enacted the National Crime Prevention
and Privacy Compact this year:
Arizona
Signed into law, April 29, 2002.
New
Jersey Signed into law, January 3, 2002; and
Minnesota
Signed into law, March 25, 2002.
Fifteen states and the District of Columbia adopted
the Interstate
Compact for Adult Offender Supervision in 2002.
Alabama HB
231 Signed into law, 04/17/02
Alaska HB
52 Signed into law 06/19/02
Arizona HB
2338 Signed into law, 05/30/02
Dist. Of Columbia S
3044 Signed into law, 11/26/02
Georgia HB
885 Signed into law 05/16/02
Illinois HB
4936 Signed into law 06/26/02
Kansas SB
95 Signed into law, 4/4/02
Michigan HB 4690 Signed into law, 3/12/02
Minnesota SF
2611 Signed into law, 3/26/02
New Jersey SB
166 Signed into law, 12/11/02
North Carolina HB1641
Signed into law, 10/23/02
Pennsylvania SB
391 Signed into law 06/19/02
Rhode Island HB
7447 Signed into law 06/25/02
South Carolina SB
1172 Signed into law 05/25/02
Tennessee SB
1682 Signed into law 06/11/02
Wisconsin HB
481 Signed into law, 4/22/02
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