Legislative Session number- 81

Bill Name: SF3403

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 DEFINITIONS Defining certain terms ARTICLE II PURPOSES
Stating the purposes of the compact ARTICLE III RESPONSIBILITIES OF COMPACT
PARTIES Specifying 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 1V AUTHORIZED RECORD DISCLOSURES
Requiring 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 PROCEDURES Requiring 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 COUNCIL Establishing 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 VI I RATIFICATION OF COMPACT
Providing for ratification and effectiveness of the compact ARTICLE VIII -
MISCELLANEOUS PROVISIONS Specifying 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 records ARTICLE IX RENUNCIATION
Compact to bind party states until renunciation, providing for the effect of
renunciation ARTICLE X SEVERABILITY Providing 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 (ra)