Legislative Session number- 81

Bill Name: SF3362

Relating to criminal data practices; authorizing the court in forwarding certain
data to the bureau of criminal apprehension on juveniles adjudicated delinquent
to provide information on the offense relating to the level under adult
commission; authorizing the exchange of peace officer juvenile records with
federal and other state law enforcement agencies under certain conditions;
expanding the authority of the BCA to disseminate juvenile criminal history data
for background check purposes and authorizing the BCA to release certain
additional juvenile court disposition data to arresting officers for arrested
persons criminal record determination purposes; requiring the court to determine
the level of offense of convicted individuals and report the information to the
BCA Ratifying and enacting the National Crime Prevention and Privacy Compact to
organize an electronic information sharing system among the federal government
and the states for the exchange of criminal history records for background check
purposes ARTICLE I DEFINITIONSDefining certain terms ARTICLE II PURPOSES Stating
the purposes of the compact ARTICLE III RESPONSIBILITIES OF COMPACT
PARTIESSpecifying certain responsibilities of the director of the federal bureau
of investigation and of the party states; requiring the FBI and party states in
carrying out the compact to comply with certain rules, procedures and standards
relating to record dissemination and use, response times, data quality, system
security, accuracy and privacy protection; providing for the maintenance of
record services ARTICLE IV AUTHORIZED RECORD DISCLOSURESRequiring the federal
bureau of investigation to provide on request certain criminal history records
to state criminal history record repositories for certain noncriminal justice
purposes relating to national background checks and the FBI and state
repositories to provide certain criminal records to criminal justice and other
agencies for the same purposes, procedures ARTICLE V RECORD REQUEST
PROCEDURESRequiring subject fingerprints or other approved forms of positive
identification to be submitted with requests for criminal history record checks
using national indexes for noncriminal justice purposes; requiring the
submission of requests for criminal history record checks through the federal
bureau of investigation or state criminal history record repositories,
prohibiting direct access to the national identification index for noncriminal
justice purposes; authorizing certain fees; providing for state repository
forwarding of certain requests to the FBI for additional search purposes ARTICLE
VI ESTABLISHMENT OF COMPACT COUNCILEstablishing the compact council with
authority to promulgate rules and procedures governing the use of the system for
noncriminal justice purposes, providing for organization and membership and
specifying certain powers and duties ARTICLE VII RATIFICATION OF
COMPACTProviding for ratification and effectiveness of the compact ARTICLE VIII
MISCELLANEOUS PROVISIONSSpecifying the relationship of the compact to activities
of the federal bureau of investigation and to the obligations, responsibilities
and authorities of party or nonparty states relating to the use and
dissemination of criminal history records and information, prohibiting
interference with the management and control of the director of the FBI over the
collection and dissemination of criminal history recordsARTICLE IX
RENUNCIATIONCompact to bind party states until renunciation, providing for the
effect of renunciation ARTICLE X SEVERABILITYProviding for severability of
compact provisions ARTICLE XI ADJUDICATION OF DISPUTES Granting the council
initial authority to make determinations in disputes relating to interpretation,
rules or standards established by the council or between parties; specifying
certain duties of the federal bureau of investigation (FBI) during the
resolution process, providing for the right to appeal; requiring the
commissioner of public safety to perform necessary and incidental duties to
carry out the compact(mk)