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| To enact section 109.571 of the Revised Code to | 1 |
| ratify the National Crime Prevention and Privacy | 2 |
| Compact. | 3 |
| Section 1. That section 109.571 of the Revised Code be | 4 |
| enacted to read as follows: | 5 |
| Sec. 109.571. The "national crime prevention and privacy | 6 |
| compact" is hereby ratified, enacted into law, and entered into by | 7 |
| the state of Ohio as a party to the compact with any other state | 8 |
| that has legally joined in the compact as follows: | 9 |
| 10 |
| The contracting states agree to the following: | 11 |
| 12 |
| (a) This compact organizes an electronic information sharing | 13 |
| system among the federal government and the states to exchange | 14 |
| criminal history records for noncriminal justice purposes | 15 |
| authorized by federal or state law, such as background checks for | 16 |
| governmental licensing and employment. | 17 |
| (b) Under this compact, the FBI and the party states agree to | 18 |
| maintain detailed databases of their respective criminal history | 19 |
| records, including arrests and dispositions, and to make them | 20 |
| available to the federal government and to party states for | 21 |
| authorized purposes. The FBI shall also manage the federal data | 22 |
| facilities that provide a significant part of the infrastructure | 23 |
| for the system. | 24 |
| 25 |
| As used in this compact: | 26 |
| (1) "Attorney general" means the attorney general of the | 27 |
| United States. | 28 |
| (2) "Compact officer" means: | 29 |
| (A) With respect to the federal government, an official so | 30 |
| designated by the director of the FBI; and | 31 |
| (B) With respect to a party state, the chief administrator of | 32 |
| the state's criminal history record repository or a designee of | 33 |
| the chief administrator who is a regular full-time employee of the | 34 |
| repository. | 35 |
| (3) "Council" means the compact council established under | 36 |
| Article VI of the compact. | 37 |
| (4)(A) "Criminal history records" means information collected | 38 |
| by criminal justice agencies on individuals consisting of | 39 |
| identifiable descriptions and notations of arrests, detentions, | 40 |
| indictments, or other formal criminal charges, and any disposition | 41 |
| arising therefrom, including acquittal, sentencing, correctional | 42 |
| supervision, or release. | 43 |
| (B) "Criminal history records" does not include | 44 |
| identification information such as fingerprint records if the | 45 |
| information does not indicate involvement of the individual with | 46 |
| the criminal justice system. | 47 |
| (5) "Criminal history record repository" means the state | 48 |
| agency designated by the governor or other appropriate executive | 49 |
| official or the legislature of a state to perform centralized | 50 |
| recordkeeping functions for criminal history records and services | 51 |
| in the state. | 52 |
| (6) "Criminal justice" includes activities relating to the | 53 |
| detection, apprehension, detention, pretrial release, post-trial | 54 |
| release, prosecution, adjudication, correctional supervision, or | 55 |
| rehabilitation of accused persons or criminal offenders. The | 56 |
| administration of criminal justice includes criminal | 57 |
| identification activities and the collection, storage, and | 58 |
| dissemination of criminal history records. | 59 |
| (7) "Criminal justice agency" means courts and a governmental | 60 |
| agency or any subunit of a governmental agency that performs the | 61 |
| administration of criminal justice pursuant to a statute or | 62 |
| executive order and allocates a substantial part of its annual | 63 |
| budget to the administration of criminal justice. "Criminal | 64 |
| justice agency" also includes federal and state inspectors general | 65 |
| offices. | 66 |
| (8) "Criminal justice services" means services provided by | 67 |
| the FBI to criminal justice agencies in response to a request for | 68 |
| information about a particular individual or as an update to | 69 |
| information previously provided for criminal justice purposes. | 70 |
| (9) "Criterion offense" means any felony or misdemeanor | 71 |
| offense not included on the list of nonserious offenses published | 72 |
| periodically by the FBI. | 73 |
| (10) "Direct access" means access to the national | 74 |
| identification index by computer terminal or other automated means | 75 |
| not requiring the assistance of or intervention by any other party | 76 |
| or agency. | 77 |
| (11) "Executive order" means an order of the president of the | 78 |
| United States or the chief executive officer of a state that has | 79 |
| the force of law and that is promulgated in accordance with | 80 |
| applicable law. | 81 |
| (12) "FBI" means the federal bureau of investigation. | 82 |
| (13) "Interstate identification system" or "III system" means | 83 |
| the cooperative federal-state system for the exchange of criminal | 84 |
| history records and includes the national identification index, | 85 |
| the national fingerprint file, and, to the extent of their | 86 |
| participation in that system, the criminal history record | 87 |
| repositories of the states and the FBI. | 88 |
| (14) "National fingerprint file" means a database of | 89 |
| fingerprints, or other uniquely personal identifying information, | 90 |
| relating to an arrested or charged individual maintained by the | 91 |
| FBI to provide positive identification of record subjects indexed | 92 |
| in the III system. | 93 |
| (15) "National identification index" means an index | 94 |
| maintained by the FBI consisting of names, identifying numbers, | 95 |
| and other descriptive information relating to record subjects | 96 |
| about whom there are criminal history records in the III system. | 97 |
| (16) "National indices" means the national identification | 98 |
| index and the national fingerprint file. | 99 |
| (17) "Nonparty state" means a state that has not ratified | 100 |
| this compact. | 101 |
| (18) "Noncriminal justice purposes" means uses of criminal | 102 |
| history records for purposes authorized by federal or state law | 103 |
| other than purposes relating to criminal justice activities, | 104 |
| including employment suitability, licensing determinations, | 105 |
| immigration and naturalization matters, and national security | 106 |
| clearances. | 107 |
| (19) "Party state" means a state that has ratified this | 108 |
| compact. | 109 |
| (20) "Positive identification" means a determination, based | 110 |
| upon a comparison of fingerprints or other equally reliable | 111 |
| biometric identification techniques, that the subject of a record | 112 |
| search is the same person as the subject of a criminal history | 113 |
| record or records indexed in the III system. Identifications based | 114 |
| solely upon a comparison of subject's names or other nonunique | 115 |
| identification characteristics or numbers, or combinations | 116 |
| thereof, shall not constitute positive identification. | 117 |
| (21) "Sealed record information" means both of the following: | 118 |
| (A) With respect to adults, that portion of a record that is | 119 |
| not available for criminal justice uses, not supported by | 120 |
| fingerprints or other accepted means of positive identification, | 121 |
| or subject to restrictions on dissemination for noncriminal | 122 |
| justice purposes pursuant to a court order related to a particular | 123 |
| subject or pursuant to a federal or state statute that requires | 124 |
| action on a sealing petition filed by a particular record subject; | 125 |
| (B) With respect to juveniles, whatever each state determines | 126 |
| is a sealed record under its own law and procedure. | 127 |
| (22) "State" means any state, territory, or possession of the | 128 |
| United States, the District of Columbia, and the Commonwealth of | 129 |
| Puerto Rico. | 130 |
| 131 |
| The purposes of this compact are to do all of the following: | 132 |
| (1) Provide a legal framework for the establishment of a | 133 |
| cooperative federal-state system for the interstate and | 134 |
| federal-state exchange of criminal history records for noncriminal | 135 |
| justice uses; | 136 |
| (2) Require the FBI to permit use of the national | 137 |
| identification index and the national fingerprint file by each | 138 |
| party state, and to provide, in a timely fashion, federal and | 139 |
| state criminal history records to requesting states, in accordance | 140 |
| with the terms of this compact and with rules, procedures, and | 141 |
| standards established by the council under Article VI; | 142 |
| (3) Require party states to provide information and records | 143 |
| for the national identification index and the national fingerprint | 144 |
| file and to provide criminal history records, in a timely fashion, | 145 |
| to criminal history record repositories of other states and the | 146 |
| federal government for noncriminal justice purposes, in accordance | 147 |
| with the terms of this compact and with rules, procedures, and | 148 |
| standards established by the council under Article VI; | 149 |
| (4) Provide for the establishment of a council to monitor III | 150 |
| system operations and to prescribe system rules and procedures for | 151 |
| the effective and proper operation of the III system for | 152 |
| noncriminal justice purposes; | 153 |
| (5) Require the FBI and each party state to adhere to III | 154 |
| system standards concerning record dissemination and use, response | 155 |
| times, system security, data quality, and other duly established | 156 |
| standards, including those that enhance the accuracy and privacy | 157 |
| of such records. | 158 |
| 159 |
| (a) The director of the FBI shall do all of the following: | 160 |
| (1) Appoint an FBI compact officer who shall do all of the | 161 |
| following: | 162 |
| (A) Administer this compact within the department of justice | 163 |
| and among federal agencies and other agencies and organizations | 164 |
| that submit search requests to the FBI pursuant to Article V(c); | 165 |
| (B) Ensure that compact provisions and rules, procedures, and | 166 |
| standards prescribed by the council under Article VI are complied | 167 |
| with by the department of justice and the federal agencies and | 168 |
| other agencies and organizations referred to in Article III(1)(A); | 169 |
| (C) Regulate the use of records received by means of the III | 170 |
| system from party states when those records are supplied by the | 171 |
| FBI directly to other federal agencies; | 172 |
| (2) Provide to federal agencies and to state criminal history | 173 |
| record repositories criminal history records maintained in its | 174 |
| database for the noncriminal justice purposes described in Article | 175 |
| IV, including both of the following: | 176 |
| (A) Information from nonparty states; | 177 |
| (B) Information from party states that is available from the | 178 |
| FBI through the III system, but is not available from the party | 179 |
| state through the III system; | 180 |
| (3) Provide a telecommunications network and maintain | 181 |
| centralized facilities for the exchange of criminal history | 182 |
| records for both criminal justice purposes and the noncriminal | 183 |
| justice purposes described in Article IV, and ensure that the | 184 |
| exchange of criminal history records for criminal justice purposes | 185 |
| has priority over exchange for noncriminal justice purposes; | 186 |
| (4) Modify or enter into user agreements with nonparty state | 187 |
| criminal history record repositories to require them to establish | 188 |
| record request procedures conforming to those prescribed in | 189 |
| Article V. | 190 |
| (b) Each party state shall do all of the following: | 191 |
| (1) Appoint a compact officer who shall do all of the | 192 |
| following: | 193 |
| (A) Administer this compact within that state; | 194 |
| (B) Ensure that the compact provisions and rules, procedures, | 195 |
| and standards established by the council under Article VI are | 196 |
| complied with in the state; | 197 |
| (C) Regulate the in-state use of records received by means of | 198 |
| the III system from the FBI or from other party states; | 199 |
| (2) Establish and maintain a criminal history record | 200 |
| repository, which shall provide both of the following: | 201 |
| (A) Information and records for the national identification | 202 |
| index and the national fingerprint file; | 203 |
| (B) The state's III system-indexed criminal history records | 204 |
| for noncriminal justice purposes described in Article IV; | 205 |
| (3) Participate in the national fingerprint file; | 206 |
| (4) Provide and maintain telecommunications links and related | 207 |
| equipment necessary to support the services set forth in this | 208 |
| compact. | 209 |
| (c) In carrying out their responsibilities under this | 210 |
| compact, the FBI and each party state shall comply with the III | 211 |
| system rules, procedures, and standards duly established by the | 212 |
| council concerning record dissemination and use, response times, | 213 |
| data quality, system security, accuracy, privacy protection, and | 214 |
| other aspects of III system operation. | 215 |
| (d)(1) Use of the III system for noncriminal justice purposes | 216 |
| authorized in this compact shall be managed so as not to diminish | 217 |
| the level of services provided in support of criminal justice | 218 |
| purposes. | 219 |
| (2) Administration of compact provisions shall not reduce the | 220 |
| level of service available to authorized noncriminal justice users | 221 |
| on the effective date of this compact. | 222 |
| 223 |
| (a) To the extent authorized by section 552a of title 5, | 224 |
| United States Code (commonly known as the 'Privacy Act of 1974'), | 225 |
| the FBI shall provide on request criminal history records | 226 |
| (excluding sealed records) to state criminal history record | 227 |
| repositories for noncriminal justice purposes allowed by federal | 228 |
| statute, federal executive order, or a state statute that has been | 229 |
| approved by the attorney general and that authorizes national | 230 |
| indices checks. | 231 |
| (b) The FBI, to the extent authorized by section 552a of | 232 |
| title 5, United States Code (commonly known as the 'Privacy Act of | 233 |
| 1974') and state criminal history record repositories, shall | 234 |
| provide criminal history records (excluding sealed records) to | 235 |
| criminal justice agencies and other governmental or | 236 |
| nongovernmental agencies for noncriminal justice purposes allowed | 237 |
| by federal statute, federal executive order, or a state statute | 238 |
| that has been approved by the attorney general, that authorizes | 239 |
| national indices checks. | 240 |
| (c) Any record obtained under this compact may be used only | 241 |
| for the official purposes for which the record was requested. Each | 242 |
| compact officer shall establish procedures, consistent with this | 243 |
| compact, and with rules, procedures, and standards established by | 244 |
| the council under Article VI, which procedures shall protect the | 245 |
| accuracy and privacy of the records, and shall do all of the | 246 |
| following: | 247 |
| (1) Ensure that records obtained under this compact are used | 248 |
| only by authorized officials for authorized purposes; | 249 |
| (2) Require that subsequent record checks are requested to | 250 |
| obtain current information whenever a new need arises; | 251 |
| (3) Ensure that record entries that may not legally be used | 252 |
| for a particular noncriminal justice purpose are deleted from the | 253 |
| response and, if no information authorized for release remains, an | 254 |
| appropriate 'no record' response is communicated to the requesting | 255 |
| official. | 256 |
| 257 |
| (a) Subject fingerprints or other approved forms of positive | 258 |
| identification shall be submitted with all requests for criminal | 259 |
| history record checks for noncriminal justice purposes. | 260 |
| (b) Each request for a criminal history record check | 261 |
| utilizing the national indices made under any approved state | 262 |
| statute shall be submitted through that state's criminal history | 263 |
| record repository. A state criminal history record repository | 264 |
| shall process an interstate request for noncriminal justice | 265 |
| purposes through the national indices only if the request is | 266 |
| transmitted through another state criminal history record | 267 |
| repository or the FBI. | 268 |
| (c) Each request for criminal history record checks utilizing | 269 |
| the national indices made under federal authority shall be | 270 |
| submitted through the FBI or, if the state criminal history record | 271 |
| repository consents to process fingerprint submissions, through | 272 |
| the criminal history record repository in the state in which the | 273 |
| request originated. Direct access to the national identification | 274 |
| index by entities other than the FBI or state criminal history | 275 |
| record repositories shall not be permitted for noncriminal justice | 276 |
| purposes. | 277 |
| (d) A state criminal history record repository for the FBI | 278 |
| may charge a fee, in accordance with applicable law, for handling | 279 |
| a request involving fingerprint processing for noncriminal justice | 280 |
| purposes and may not charge a fee for providing criminal history | 281 |
| records in response to an electric request for a record that does | 282 |
| not involve a request to process fingerprints. | 283 |
| (e)(1) If a state criminal history record repository cannot | 284 |
| positively identify the subject of a record request made for | 285 |
| noncriminal justice purposes, the request, together with | 286 |
| fingerprints or other approved identifying information, shall be | 287 |
| forwarded to the FBI for a search of the national indices. | 288 |
| (2) If, with respect to a request forwarded by a state | 289 |
| criminal history record repository under paragraph (1), the FBI | 290 |
| positively identifies the subject as having a III system-indexed | 291 |
| record or records, the FBI shall so advise the state criminal | 292 |
| history repository; and the state criminal history record | 293 |
| repository shall be entitled to obtain the additional criminal | 294 |
| history record information from the FBI or other state criminal | 295 |
| history record repositories. | 296 |
| 297 |
| (a)(1) There is established a council to be known as the | 298 |
| 'compact council,' which shall have the authority to promulgate | 299 |
| rules and procedures governing the use of the III system for | 300 |
| noncriminal justice purposes, not to conflict with the FBI | 301 |
| administration of the III system for criminal justice purposes. | 302 |
| (2) The council shall do all of the following: | 303 |
| (A) Continue in existence as long as this compact remains in | 304 |
| effect; | 305 |
| (B) Be located, for administrative purposes, within the FBI; | 306 |
| (C) Be organized and hold its first meeting as soon as | 307 |
| practicable after the effective date of this compact. | 308 |
| (b) The council shall be composed of fifteen members, each of | 309 |
| whom shall be appointed by the attorney general as follows: | 310 |
| (1) Nine members, each of whom shall serve a two-year term, | 311 |
| who shall be selected from among the compact officers of party | 312 |
| states based on the recommendation of the compact officers of all | 313 |
| party states, except that, in the absence of the requisite number | 314 |
| of compact officers available to serve, the chief administrators | 315 |
| of the criminal history record repositories of nonparty states | 316 |
| shall be eligible to serve on an interim basis; | 317 |
| (2) Two at-large members, nominated by the director of the | 318 |
| FBI, each of whom shall serve a three-year term, of whom one shall | 319 |
| be a representative of the criminal justice agencies of the | 320 |
| federal government and may not be employed by the FBI; and one | 321 |
| shall be a representative of the noncriminal justice agencies of | 322 |
| the federal government; | 323 |
| (3) Two at-large members, nominated by the chairman of the | 324 |
| council, once the chairman is elected pursuant to Article VI(c), | 325 |
| each of whom shall serve a three-year term, of whom one shall be a | 326 |
| representative of state or local criminal justice agencies; and | 327 |
| one shall be a representative of state or local noncriminal | 328 |
| justice agencies; | 329 |
| (4) One member, who shall serve a three-year term, and who | 330 |
| shall simultaneously be a member of the FBI's advisory policy | 331 |
| board on criminal justice information services, nominated by the | 332 |
| membership of that policy board; | 333 |
| (5) One member, nominated by the director of the FBI, who | 334 |
| shall serve a three-year term, and who shall be an employee of the | 335 |
| FBI. | 336 |
| (c)(1) From its membership, the council shall elect a | 337 |
| chairman and a vice chairman of the council, respectively. Both | 338 |
| the chairman and the vice chairman shall be a compact officer, | 339 |
| unless there is no compact officer on the council who is willing | 340 |
| to serve, in which case the chairman may be an at-large member; | 341 |
| and shall serve a two-year term and may be reelected to only one | 342 |
| additional two-year term. | 343 |
| (2) The vice chairman of the council shall serve as the | 344 |
| chairman of the council in the absence of the chairman. | 345 |
| (d)(1) The council shall meet at least once each year at the | 346 |
| call of the chairman. Each meeting of the council shall be open to | 347 |
| the public. The council shall provide prior public notice in the | 348 |
| federal register of each meeting of the council, including the | 349 |
| matters to be addressed at the meeting. | 350 |
| (2) A majority of the council or any committee of the council | 351 |
| shall constitute a quorum of the council or of such committee, | 352 |
| respectively, for the conduct of business. A lesser number may | 353 |
| meet to hold hearings, take testimony, or conduct any business not | 354 |
| requiring a vote. | 355 |
| (e) The council shall make available for public inspection | 356 |
| and copying at the council office with the FBI, and shall publish | 357 |
| in the federal register, any rules, procedures, or standards | 358 |
| established by the council. | 359 |
| (f) The council may request from the FBI ANY reports, | 360 |
| studies, statistics, or other information or materials THAT the | 361 |
| council determines to be necessary to enable the council to | 362 |
| perform its duties under this compact. The FBI, to the extent | 363 |
| authorized by law, may provide such assistance or information upon | 364 |
| such a request. | 365 |
| (g) The chairman may establish committees as necessary to | 366 |
| carry out this compact and may prescribe their membership, | 367 |
| responsibilities, and duration. | 368 |
| 369 |
| This compact shall take effect upon being entered into by two | 370 |
| or more states as between those states and the federal government. | 371 |
| Upon subsequent entering into this compact by additional states, | 372 |
| it shall become effective among those states and the federal | 373 |
| government and each party state that has previously ratified it. | 374 |
| When ratified, this compact shall have the full force and effect | 375 |
| of law within the ratifying jurisdictions. The form of | 376 |
| ratification shall be in accordance with the laws of the executing | 377 |
| state. | 378 |
| 379 |
| (a) Administration of this compact shall not interfere with | 380 |
| the management and control of the director of the FBI over the | 381 |
| FBI's collection and dissemination of criminal history records and | 382 |
| the advisory function of the FBI's advisory policy board chartered | 383 |
| under the Federal Advisory Committee Act (5 U.S.C. App.) for all | 384 |
| purposes other than noncriminal justice. | 385 |
| (b) Nothing in this compact shall require the FBI to obligate | 386 |
| or expend funds beyond those appropriated to the FBI. | 387 |
| (c) Nothing in this compact shall diminish or lessen the | 388 |
| obligations, responsibilities, and authorities of any state, | 389 |
| whether a party state or a nonparty state, or of any criminal | 390 |
| history record repository or other subdivision or component | 391 |
| thereof, under the Departments of State, Justice, and Commerce, | 392 |
| the Judiciary, and Related Agencies Appropriation Act, 1973 | 393 |
| (Public Law 92-544), or regulations and guidelines promulgated | 394 |
| thereunder, including the rules and procedures promulgated by the | 395 |
| council under Article VI(a), regarding the use and dissemination | 396 |
| of criminal history records and information. | 397 |
| 398 |
| (a) This compact shall bind each party state until renounced | 399 |
| by the party state. | 400 |
| (b) Any renunciation of this compact by a party state shall | 401 |
| be effected in the same manner by which the party state ratified | 402 |
| this compact and shall become effective one hundred and eighty | 403 |
| days after written notice of renunciation is provided by the party | 404 |
| state to each other party state and to the federal government. | 405 |
| 406 |
| The provisions of this compact shall be severable, and if any | 407 |
| phrase, clause, sentence, or provision of this compact is declared | 408 |
| to be contrary to the constitution of any participating state, or | 409 |
| to the Constitution of the United States, or the applicability of | 410 |
| any phrase, clause, sentence, or provision of this compact to any | 411 |
| government, agency, person, or circumstance is held invalid, the | 412 |
| validity of the remainder of this compact and the applicability of | 413 |
| the remainder of this compact to any government, agency, person, | 414 |
| or circumstance shall not be affected thereby. If a portion of | 415 |
| this compact is held contrary to the constitution of any party | 416 |
| state, all other portions of this compact shall remain in full | 417 |
| force and effect as to the remaining party states and in full | 418 |
| force and effect as to the party states affected, as to all other | 419 |
| provisions. | 420 |
| 421 |
| (a) The council shall do both of the following: | 422 |
| (1) Have initial authority to make determinations with | 423 |
| respect to any dispute regarding all of the following: | 424 |
| (A) Interpretation of this compact; | 425 |
| (B) Any rule or standard established by the council pursuant | 426 |
| to Article V; | 427 |
| (C) Any dispute or controversy between any parties to this | 428 |
| compact; | 429 |
| (2) Hold a hearing concerning any dispute described in | 430 |
| paragraph (1) at a regularly scheduled meeting of the council and | 431 |
| only render a decision based upon a majority vote of the members | 432 |
| of the council. The decision shall be published pursuant to the | 433 |
| requirements of Article VI(e). | 434 |
| (b) The FBI shall exercise immediate and necessary action to | 435 |
| preserve the integrity of the III system, maintain system policy | 436 |
| and standards, protect the accuracy and privacy of records, and to | 437 |
| prevent abuses, until the council holds a hearing on such matters. | 438 |
| (c) The FBI or a party state may appeal any decision of the | 439 |
| council to the attorney general, and thereafter may file suit in | 440 |
| the appropriate district court of the United States, which shall | 441 |
| have original jurisdiction of all cases or controversies arising | 442 |
| under this compact. Any suit arising under this compact and | 443 |
| initiated in a state court shall be removed to the appropriate | 444 |
| district court of the United States in the manner provided by | 445 |
| section 1446 of title 28, United States Code, or other statutory | 446 |
| authority. | 447 |