Criminal Justice Information Systems



Criminal Justice Information Systems

2002 Enacted/Pending Legislation

In 2002, three states have enacted the National Crime Prevention and Privacy Compact, bringing the total number of participating states to 16. This Compact establishes formal procedures and governance structures for the use and sharing of criminal information for non-criminal justice purposes.

Five states have adopted the Interstate Compact for Adult Offender Supervision, bringing the total number of participating states to 30. It establishes procedures for information exchange to track offenders under correctional supervision. This Compact will go into effect when 35 states have adopted it.

Integration efforts, in 2002, are attempting to make criminal records more accessible to the public. The state of Washington has created a publicly accessible sex offender Web site (S.B. 6488); New York is considering a measure that would require conviction information to be available to the general public (New York A.B. 5291). Massachusetts is debating the merits of making criminal records publicly available via the Internet (Massachusetts H.B. 3064).

Florida has enacted a measure that authorizes the use of civil penalties to fund local law enforcement automation (S.B. 1554).

For more information, contact Blake Harrison at (303) 830-2200, extension 326, or blake.harrison@

Enacted Legislation

Arizona H.B. 2551 Signed by the Governor May 6, 2002

Permits police officers and prosecutors to keep information regarding their addresses and telephone numbers confidential.

Colorado CRS 16-22-101 Signed by the Governor June 2, 2002

Colorado Sex Offender Registration Act

Colorado H.B. 1114 Signed by the Governor June 3, 2002

Titled “Sex Offender Registration in Relation to Persons Associated with Institutions of Postsecondary Education”.

Florida S.B. 1554 Signed by the 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.

Indiana S.B. 410 Signed by the 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 the Governor April 9, 2002

Adds to the list of offenses that will be checked 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 and 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 and 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.

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.

Oklahoma S.B. 1319 Signed by the 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 and requires local law enforcement to release the information through community notification.

Oklahoma S.B. 1600 Signed by the Governor April 15, 2002

Authorizes disclosure of certain investigative records for accreditation purposes.

Tennessee S.B. 2015 Signed by the Governor March 19, 2002

Prohibits expungement of appellate court records.

Virginia H.B. 308 Signed by the 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 488 Signed by the 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 637 Signed by the Governor April 2, 2002

Provides for a cooperative exchange of information between the U.S. Department of State, the INS and other federal law enforcement agencies and the State Department of Motor Vehicles and State Police.

Virginia 724 Signed by the Governor April 7, 2002

Exempts pretrial investigation reports and community-based probation reports from the Virginia Freedom of Information Act.

U H.B. 101 Signed by Governor, April 8, 2002

Requires race information to be provided on the driver license and state identification card applications; 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 the Governor May 26, 2002

Allows for the creation and maintenance of a statewide registered sex offender Web site, which will be available to the public.

Other Action

Executive Order

North Dakota E.O. 6 Filed with the Secretary of State January, 2001

Establishes the Criminal Justice Information Board and 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.

Pending Legislation

Massachusetts H.B. 3063

Enables the general public to access certain criminal records via the Internet.

Massachusetts H.B. 3064

Establishes a criminal offender database on the Internet within the Criminal History Systems Board.

Minnesota S.B. 2893,

Classifies data on terrorist activities and authorizes the sharing of terrorist data and integrates other governmental agencies.

New York A.B. 5291

Requires the Division of Criminal Justice Services to make available for public inspection its existing database containing conviction and post-conviction data and information on any person convicted of a criminal offense.

Oklahoma S.B. 1583

Grants the sentencing commission authority to coordinate the development and utilization of critical criminal justice databases and compel participation by certain state agencies.

Introduced but Not Advanced

California A.B. 808

Requires the Office of Criminal Justice Planning to provide a grant to a non-profit entity to develop a database to help recover kidnapped, missing, or otherwise endangered children.

Florida S.B. 1488

Exempts any visual images of a victim of a sexual offense from the public-records law and provides for future legislative review under the Open Government Sunset Review Act of 1995.

Florida S.B. 2066

Requires the clerk of the court to provide certain information for victims on enforcing civil lien or civil judgment against the defendant; requires that information be provided as written instructions and posted on the Internet, if available.

Compacts

Three states have 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.

Five states have adopted the Interstate Compact for Adult Offender Supervision and is pending in 16 states.

Enacted

Alabama HB 231 Signed into law April 17, 2002.

Kansas SB 95 Signed into law April 4, 2002

Michigan HB 4690 Signed into law March 12, 2002

Minnesota SF 2611 Signed into law March 26, 2002

Wisconsin HB 481 Signed into law April 22, 2002

Pending

Alaska HB 52 Sent to Governor

Arizona HB 2338 Passed House; in Senate

Delaware HB 199

Georgia HB 885 Sent to Governor

Illinois HB 4936 Sent to Governor

Maine LD 1081

Mississippi HB 636 04/01 (H) Died in conference

Nebraska LB 895 Session adjourned

New Jersey SB 166 Passed Senate; in Assembly

New York AB 7104 Codes Committee

Pennsylvania SB 391 Passed Senate; in House

Rhode Island HB 7447 House Judiciary Committee

South Carolina SB 1172 Sent to Governor

Tennessee SB 1682

Virginia SB 649 Session adjourned

West Virginia HB 2785 Session adjourned

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