REPRESENTATIVES Collier, Willamowski, Brown, D. Evans, Seitz, Callender, Faber, Latta, Gilb, Book, Cates, Clancy, DePiero, Domenick, Niehaus, Oelslager, T. Patton, Raussen, Schmidt, Sferra, J. Stewart, Walcher

To amend sections 109.57 and 109.572 and to enact

1

section 109.571 of the Revised Code to ratify the

2

National Crime Prevention and Privacy Compact.

3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.57 and 109.572 be amended and	4
section 109.571 of the Revised Code be enacted to read as follows:	5

Sec. 109.57.  (A)(1) The superintendent of the bureau of	6
criminal identification and investigation shall procure from	7
wherever procurable and file for record photographs, pictures,	8
descriptions, fingerprints, measurements, and other information	9
that may be pertinent of all persons who have been convicted of	10
committing within this state a felony, any crime constituting a	11
misdemeanor on the first offense and a felony on subsequent	12
offenses, or any misdemeanor described in division (A)(1)(a) of	13
section 109.572 of the Revised Code, of all children under	14
eighteen years of age who have been adjudicated delinquent	15
children for committing within this state an act that would be a	16
felony or an offense of violence if committed by an adult or who	17
have been convicted of or pleaded guilty to committing within this	18
state a felony or an offense of violence, and of all well-known	19
and habitual criminals. The person in charge of any county,	20
multicounty, municipal, municipal-county, or multicounty-municipal	21
jail or workhouse, community-based correctional facility, halfway	22
house, alternative residential facility, or state correctional	23
institution and the person in charge of any state institution	24
having custody of a person suspected of having committed a felony,	25
any crime constituting a misdemeanor on the first offense and a	26
felony on subsequent offenses, or any misdemeanor described in	27
division (A)(1)(a) of section 109.572 of the Revised Code or	28
having custody of a child under eighteen years of age with respect	29
to whom there is probable cause to believe that the child may have	30
committed an act that would be a felony or an offense of violence	31
if committed by an adult shall furnish such material to the	32
superintendent of the bureau. Fingerprints, photographs, or other	33
descriptive information of a child who is under eighteen years of	34
age, has not been arrested or otherwise taken into custody for	35
committing an act that would be a felony or an offense of violence	36
if committed by an adult, has not been adjudicated a delinquent	37
child for committing an act that would be a felony or an offense	38
of violence if committed by an adult, has not been convicted of or	39
pleaded guilty to committing a felony or an offense of violence,	40
and is not a child with respect to whom there is probable cause to	41
believe that the child may have committed an act that would be a	42
felony or an offense of violence if committed by an adult shall	43
not be procured by the superintendent or furnished by any person	44
in charge of any county, multicounty, municipal, municipal-county,	45
or multicounty-municipal jail or workhouse, community-based	46
correctional facility, halfway house, alternative residential	47
facility, or state correctional institution, except as authorized	48
in section 2151.313 of the Revised Code.	49

(2) Every clerk of a court of record in this state, other	50
than the supreme court or a court of appeals, shall send to the	51
superintendent of the bureau a weekly report containing a summary	52
of each case involving a felony, involving any crime constituting	53
a misdemeanor on the first offense and a felony on subsequent	54
offenses, involving a misdemeanor described in division (A)(1)(a)	55
of section 109.572 of the Revised Code, or involving an	56
adjudication in a case in which a child under eighteen years of	57
age was alleged to be a delinquent child for committing an act	58
that would be a felony or an offense of violence if committed by	59
an adult. The clerk of the court of common pleas shall include in	60
the report and summary the clerk sends under this division all	61
information described in divisions (A)(2)(a) to (f) of this	62
section regarding a case before the court of appeals that is	63
served by that clerk. The summary shall be written on the standard	64
forms furnished by the superintendent pursuant to division (B) of	65
this section and shall include the following information:	66

(a) The incident tracking number contained on the standard	67
forms furnished by the superintendent pursuant to division (B) of	68
this section;	69

(b) The style and number of the case;

70

(c) The date of arrest;

71

(d) The date that the person was convicted of or pleaded	72
guilty to the offense, adjudicated a delinquent child for	73
committing the act that would be a felony or an offense of	74
violence if committed by an adult, found not guilty of the	75
offense, or found not to be a delinquent child for committing an	76
act that would be a felony or an offense of violence if committed	77
by an adult, the date of an entry dismissing the charge, an entry	78
declaring a mistrial of the offense in which the person is	79
discharged, an entry finding that the person or child is not	80
competent to stand trial, or an entry of a nolle prosequi, or the	81
date of any other determination that constitutes final resolution	82
of the case;	83

(e) A statement of the original charge with the section of	84
the Revised Code that was alleged to be violated;	85

(f) If the person or child was convicted, pleaded guilty, or	86
was adjudicated a delinquent child, the sentence or terms of	87
probation imposed or any other disposition of the offender or the	88
delinquent child.	89

If the offense involved the disarming of a law enforcement	90
officer or an attempt to disarm a law enforcement officer, the	91
clerk shall clearly state that fact in the summary, and the	92
superintendent shall ensure that a clear statement of that fact is	93
placed in the bureau's records.	94

(3) The superintendent shall cooperate with and assist	95
sheriffs, chiefs of police, and other law enforcement officers in	96
the establishment of a complete system of criminal identification	97
and in obtaining fingerprints and other means of identification of	98
all persons arrested on a charge of a felony, any crime	99
constituting a misdemeanor on the first offense and a felony on	100
subsequent offenses, or a misdemeanor described in division	101
(A)(1)(a) of section 109.572 of the Revised Code and of all	102
children under eighteen years of age arrested or otherwise taken	103
into custody for committing an act that would be a felony or an	104
offense of violence if committed by an adult. The superintendent	105
also shall file for record the fingerprint impressions of all	106
persons confined in a county, multicounty, municipal,	107
municipal-county, or multicounty-municipal jail or workhouse,	108
community-based correctional facility, halfway house, alternative	109
residential facility, or state correctional institution for the	110
violation of state laws and of all children under eighteen years	111
of age who are confined in a county, multicounty, municipal,	112
municipal-county, or multicounty-municipal jail or workhouse,	113
community-based correctional facility, halfway house, alternative	114
residential facility, or state correctional institution or in any	115
facility for delinquent children for committing an act that would	116
be a felony or an offense of violence if committed by an adult,	117
and any other information that the superintendent may receive from	118
law enforcement officials of the state and its political	119
subdivisions.	120

(4) The superintendent shall carry out Chapter 2950. of the	121
Revised Code with respect to the registration of persons who are	122
convicted of or plead guilty to either a sexually oriented offense	123
that is not a registration-exempt sexually oriented offense or a	124
child-victim oriented offense and with respect to all other duties	125
imposed on the bureau under that chapter.	126

(5) The bureau shall perform centralized recordkeeping	127
functions for criminal history records and services in this state	128
for purposes of the national crime prevention and privacy compact	129
set forth in section 109.571 of the Revised Code and is the	130
criminal history record repository as defined in that section for	131
purposes of that compact. The superintendent or the	132
superintendent's designee is the compact officer for purposes of	133
that compact and shall carry out the responsibilities of the	134
compact officer specified in that compact.	135

(B) The superintendent shall prepare and furnish to every	136
county, multicounty, municipal, municipal-county, or	137
multicounty-municipal jail or workhouse, community-based	138
correctional facility, halfway house, alternative residential	139
facility, or state correctional institution and to every clerk of	140
a court in this state specified in division (A)(2) of this section	141
standard forms for reporting the information required under	142
division (A) of this section. The standard forms that the	143
superintendent prepares pursuant to this division may be in a	144
tangible format, in an electronic format, or in both tangible	145
formats and electronic formats.	146

(C) The superintendent may operate a center for electronic,	147
automated, or other data processing for the storage and retrieval	148
of information, data, and statistics pertaining to criminals and	149
to children under eighteen years of age who are adjudicated	150
delinquent children for committing an act that would be a felony	151
or an offense of violence if committed by an adult, criminal	152
activity, crime prevention, law enforcement, and criminal justice,	153
and may establish and operate a statewide communications network	154
to gather and disseminate information, data, and statistics for	155
the use of law enforcement agencies. The superintendent may	156
gather, store, retrieve, and disseminate information, data, and	157
statistics that pertain to children who are under eighteen years	158
of age and that are gathered pursuant to sections 109.57 to 109.61	159
of the Revised Code together with information, data, and	160
statistics that pertain to adults and that are gathered pursuant	161
to those sections. In addition to any other authorized use of	162
information, data, and statistics of that nature, the	163
superintendent or the superintendent's designee may provide and	164
exchange the information, data, and statistics pursuant to the	165
national crime prevention and privacy compact as described in	166
division (A)(5) of this section.	167

(D) The information and materials furnished to the	168
superintendent pursuant to division (A) of this section and	169
information and materials furnished to any board or person under	170
division (F) or (G) of this section are not public records under	171
section 149.43 of the Revised Code.	172

(E) The attorney general shall adopt rules, in accordance	173
with Chapter 119. of the Revised Code, setting forth the procedure	174
by which a person may receive or release information gathered by	175
the superintendent pursuant to division (A) of this section. A	176
reasonable fee may be charged for this service. If a temporary	177
employment service submits a request for a determination of	178
whether a person the service plans to refer to an employment	179
position has been convicted of or pleaded guilty to an offense	180
listed in division (A)(1), (3), (4), (5), or (6) of section	181
109.572 of the Revised Code, the request shall be treated as a	182
single request and only one fee shall be charged.	183

(F)(1) As used in division (F)(2) of this section, "head	184
start agency" means an entity in this state that has been approved	185
to be an agency for purposes of subchapter II of the "Community	186
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	187
as amended.	188

(2)(a) In addition to or in conjunction with any request that	189
is required to be made under section 109.572, 2151.86, 3301.32,	190
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	191
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	192
education of any school district; the director of mental	193
retardation and developmental disabilities; any county board of	194
mental retardation and developmental disabilities; any entity	195
under contract with a county board of mental retardation and	196
developmental disabilities; the chief administrator of any	197
chartered nonpublic school; the chief administrator of any home	198
health agency; the chief administrator of or person operating any	199
child day-care center, type A family day-care home, or type B	200
family day-care home licensed or certified under Chapter 5104. of	201
the Revised Code; the administrator of any type C family day-care	202
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	203
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	204
general assembly; the chief administrator of any head start	205
agency; or the executive director of a public children services	206
agency may request that the superintendent of the bureau	207
investigate and determine, with respect to any individual who has	208
applied for employment in any position after October 2, 1989, or	209
any individual wishing to apply for employment with a board of	210
education may request, with regard to the individual, whether the	211
bureau has any information gathered under division (A) of this	212
section that pertains to that individual. On receipt of the	213
request, the superintendent shall determine whether that	214
information exists and, upon request of the person, board, or	215
entity requesting information, also shall request from the federal	216
bureau of investigation any criminal records it has pertaining to	217
that individual. The superintendent or the superintendent's	218
designee also may request criminal history records from other	219
states or the federal government pursuant to the national crime	220
prevention and privacy compact set forth in section 109.571 of the	221
Revised Code. Within thirty days of the date that the	222
superintendent receives a request, the superintendent shall send	223
to the board, entity, or person a report of any information that	224
the superintendent determines exists, including information	225
contained in records that have been sealed under section 2953.32	226
of the Revised Code, and, within thirty days of its receipt, shall	227
send the board, entity, or person a report of any information	228
received from the federal bureau of investigation, other than	229
information the dissemination of which is prohibited by federal	230
law.	231

(b) When a board of education is required to receive	232
information under this section as a prerequisite to employment of	233
an individual pursuant to section 3319.39 of the Revised Code, it	234
may accept a certified copy of records that were issued by the	235
bureau of criminal identification and investigation and that are	236
presented by an individual applying for employment with the	237
district in lieu of requesting that information itself. In such a	238
case, the board shall accept the certified copy issued by the	239
bureau in order to make a photocopy of it for that individual's	240
employment application documents and shall return the certified	241
copy to the individual. In a case of that nature, a district only	242
shall accept a certified copy of records of that nature within one	243
year after the date of their issuance by the bureau.	244

(3) The state board of education may request, with respect to	245
any individual who has applied for employment after October 2,	246
1989, in any position with the state board or the department of	247
education, any information that a school district board of	248
education is authorized to request under division (F)(2) of this	249
section, and the superintendent of the bureau shall proceed as if	250
the request has been received from a school district board of	251
education under division (F)(2) of this section.	252

(4) When the superintendent of the bureau receives a request	253
for information that is authorized under section 3319.291 of the	254
Revised Code, the superintendent shall proceed as if the request	255
has been received from a school district board of education under	256
division (F)(2) of this section.	257

(5) When a recipient of an OhioReads classroom or community	258
reading grant paid under section 3301.86 or 3301.87 of the Revised	259
Code or an entity approved by the OhioReads council requests, with	260
respect to any individual who applies to participate in providing	261
any program or service through an entity approved by the OhioReads	262
council or funded in whole or in part by the grant, the	263
information that a school district board of education is	264
authorized to request under division (F)(2)(a) of this section,	265
the superintendent of the bureau shall proceed as if the request	266
has been received from a school district board of education under	267
division (F)(2)(a) of this section.	268

(G) In addition to or in conjunction with any request that is	269
required to be made under section 173.41, 3701.881, 3712.09,	270
3721.121, or 3722.151 of the Revised Code with respect to an	271
individual who has applied for employment in a position that	272
involves providing direct care to an older adult, the chief	273
administrator of a PASSPORT agency that provides services through	274
the PASSPORT program created under section 173.40 of the Revised	275
Code, home health agency, hospice care program, home licensed	276
under Chapter 3721. of the Revised Code, adult day-care program	277
operated pursuant to rules adopted under section 3721.04 of the	278
Revised Code, or adult care facility may request that the	279
superintendent of the bureau investigate and determine, with	280
respect to any individual who has applied after January 27, 1997,	281
for employment in a position that does not involve providing	282
direct care to an older adult, whether the bureau has any	283
information gathered under division (A) of this section that	284
pertains to that individual. On receipt of the request, the	285
superintendent shall determine whether that information exists	286
and, on request of the administrator requesting information, shall	287
also request from the federal bureau of investigation any criminal	288
records it has pertaining to that individual. The superintendent	289
or the superintendent's designee also may request criminal history	290
records from other states or the federal government pursuant to	291
the national crime prevention and privacy compact set forth in	292
section 109.571 of the Revised Code. Within thirty days of the	293
date a request is received, the superintendent shall send to the	294
administrator a report of any information determined to exist,	295
including information contained in records that have been sealed	296
under section 2953.32 of the Revised Code, and, within thirty days	297
of its receipt, shall send the administrator a report of any	298
information received from the federal bureau of investigation,	299
other than information the dissemination of which is prohibited by	300
federal law.	301

(H) Information obtained by a board, administrator, or other	302
person under this section is confidential and shall not be	303
released or disseminated.	304

(I) The superintendent may charge a reasonable fee for	305
providing information or criminal records under division (F)(2) or	306
(G) of this section.	307

Sec. 109.571.  The "national crime prevention and privacy	308
compact" is hereby ratified, enacted into law, and entered into by	309
the state of Ohio as a party to the compact with any other state	310
that has legally joined in the compact as follows:	311

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

312

The contracting states agree to the following:

313

Overview

314

(a) This compact organizes an electronic information sharing	315
system among the federal government and the states to exchange	316
criminal history records for noncriminal justice purposes	317
authorized by federal or state law, such as background checks for	318
governmental licensing and employment.	319

(b) Under this compact, the FBI and the party states agree to	320
maintain detailed databases of their respective criminal history	321
records, including arrests and dispositions, and to make them	322
available to the federal government and to party states for	323
authorized purposes. The FBI shall also manage the federal data	324
facilities that provide a significant part of the infrastructure	325
for the system.	326

Article I

327

As used in this compact:

328

(1) "Attorney general" means the attorney general of the	329
United States.	330

(2) "Compact officer" means:

331

(A) With respect to the federal government, an official so	332
designated by the director of the FBI; and	333

(B) With respect to a party state, the chief administrator of	334
the state's criminal history record repository or a designee of	335
the chief administrator who is a regular full-time employee of the	336
repository.	337

(3) "Council" means the compact council established under	338
Article VI of the compact.	339

(4)(A) "Criminal history records" means information collected	340
by criminal justice agencies on individuals consisting of	341
identifiable descriptions and notations of arrests, detentions,	342
indictments, or other formal criminal charges, and any disposition	343
arising therefrom, including acquittal, sentencing, correctional	344
supervision, or release.	345

(B) "Criminal history records" does not include	346
identification information such as fingerprint records if the	347
information does not indicate involvement of the individual with	348
the criminal justice system.	349

(5) "Criminal history record repository" means the state	350
agency designated by the governor or other appropriate executive	351
official or the legislature of a state to perform centralized	352
recordkeeping functions for criminal history records and services	353
in the state.	354

(6) "Criminal justice" includes activities relating to the	355
detection, apprehension, detention, pretrial release, post-trial	356
release, prosecution, adjudication, correctional supervision, or	357
rehabilitation of accused persons or criminal offenders. The	358
administration of criminal justice includes criminal	359
identification activities and the collection, storage, and	360
dissemination of criminal history records.	361

(7) "Criminal justice agency" means courts and a governmental	362
agency or any subunit of a governmental agency that performs the	363
administration of criminal justice pursuant to a statute or	364
executive order and allocates a substantial part of its annual	365
budget to the administration of criminal justice. "Criminal	366
justice agency" also includes federal and state inspectors general	367
offices.	368

(8) "Criminal justice services" means services provided by	369
the FBI to criminal justice agencies in response to a request for	370
information about a particular individual or as an update to	371
information previously provided for criminal justice purposes.	372

(9) "Criterion offense" means any felony or misdemeanor	373
offense not included on the list of nonserious offenses published	374
periodically by the FBI.	375

(10) "Direct access" means access to the national	376
identification index by computer terminal or other automated means	377
not requiring the assistance of or intervention by any other party	378
or agency.	379

(11) "Executive order" means an order of the president of the	380
United States or the chief executive officer of a state that has	381
the force of law and that is promulgated in accordance with	382
applicable law.	383

(12) "FBI" means the federal bureau of investigation.

384

(13) "Interstate identification system" or "III system" means	385
the cooperative federal-state system for the exchange of criminal	386
history records and includes the national identification index,	387
the national fingerprint file, and, to the extent of their	388
participation in that system, the criminal history record	389
repositories of the states and the FBI.	390

(14) "National fingerprint file" means a database of	391
fingerprints, or other uniquely personal identifying information,	392
relating to an arrested or charged individual maintained by the	393
FBI to provide positive identification of record subjects indexed	394
in the III system.	395

(15) "National identification index" means an index	396
maintained by the FBI consisting of names, identifying numbers,	397
and other descriptive information relating to record subjects	398
about whom there are criminal history records in the III system.	399

(16) "National indices" means the national identification	400
index and the national fingerprint file.	401

(17) "Nonparty state" means a state that has not ratified	402
this compact.	403

(18) "Noncriminal justice purposes" means uses of criminal	404
history records for purposes authorized by federal or state law	405
other than purposes relating to criminal justice activities,	406
including employment suitability, licensing determinations,	407
immigration and naturalization matters, and national security	408
clearances.	409

(19) "Party state" means a state that has ratified this	410
compact.	411

(20) "Positive identification" means a determination, based	412
upon a comparison of fingerprints or other equally reliable	413
biometric identification techniques, that the subject of a record	414
search is the same person as the subject of a criminal history	415
record or records indexed in the III system. Identifications based	416
solely upon a comparison of subject's names or other nonunique	417
identification characteristics or numbers, or combinations	418
thereof, shall not constitute positive identification.	419

(21) "Sealed record information" means both of the following:

420

(A) With respect to adults, that portion of a record that is	421
not available for criminal justice uses, not supported by	422
fingerprints or other accepted means of positive identification,	423
or subject to restrictions on dissemination for noncriminal	424
justice purposes pursuant to a court order related to a particular	425
subject or pursuant to a federal or state statute that requires	426
action on a sealing petition filed by a particular record subject;	427

(B) With respect to juveniles, whatever each state determines	428
is a sealed record under its own law and procedure.	429

(22) "State" means any state, territory, or possession of the	430
United States, the District of Columbia, and the Commonwealth of	431
Puerto Rico.	432

Article II

433

The purposes of this compact are to do all of the following:

434

(1) Provide a legal framework for the establishment of a	435
cooperative federal-state system for the interstate and	436
federal-state exchange of criminal history records for noncriminal	437
justice uses;	438

(2) Require the FBI to permit use of the national	439
identification index and the national fingerprint file by each	440
party state, and to provide, in a timely fashion, federal and	441
state criminal history records to requesting states, in accordance	442
with the terms of this compact and with rules, procedures, and	443
standards established by the council under Article VI;	444

(3) Require party states to provide information and records	445
for the national identification index and the national fingerprint	446
file and to provide criminal history records, in a timely fashion,	447
to criminal history record repositories of other states and the	448
federal government for noncriminal justice purposes, in accordance	449
with the terms of this compact and with rules, procedures, and	450
standards established by the council under Article VI;	451

(4) Provide for the establishment of a council to monitor III	452
system operations and to prescribe system rules and procedures for	453
the effective and proper operation of the III system for	454
noncriminal justice purposes;	455

(5) Require the FBI and each party state to adhere to III	456
system standards concerning record dissemination and use, response	457
times, system security, data quality, and other duly established	458
standards, including those that enhance the accuracy and privacy	459
of such records.	460

Article III

461

(a) The director of the FBI shall do all of the following:

462

(1) Appoint an FBI compact officer who shall do all of the	463
following:	464

(A) Administer this compact within the department of justice	465
and among federal agencies and other agencies and organizations	466
that submit search requests to the FBI pursuant to Article V(c);	467

(B) Ensure that compact provisions and rules, procedures, and	468
standards prescribed by the council under Article VI are complied	469
with by the department of justice and the federal agencies and	470
other agencies and organizations referred to in Article III(1)(A);	471

(C) Regulate the use of records received by means of the III	472
system from party states when those records are supplied by the	473
FBI directly to other federal agencies;	474

(2) Provide to federal agencies and to state criminal history	475
record repositories criminal history records maintained in its	476
database for the noncriminal justice purposes described in Article	477
IV, including both of the following:	478

(A) Information from nonparty states;

479

(B) Information from party states that is available from the	480
FBI through the III system, but is not available from the party	481
state through the III system;	482

(3) Provide a telecommunications network and maintain	483
centralized facilities for the exchange of criminal history	484
records for both criminal justice purposes and the noncriminal	485
justice purposes described in Article IV, and ensure that the	486
exchange of criminal history records for criminal justice purposes	487
has priority over exchange for noncriminal justice purposes;	488

(4) Modify or enter into user agreements with nonparty state	489
criminal history record repositories to require them to establish	490
record request procedures conforming to those prescribed in	491
Article V.	492

(b) Each party state shall do all of the following:

493

(1) Appoint a compact officer who shall do all of the	494
following:	495

(A) Administer this compact within that state;

496

(B) Ensure that the compact provisions and rules, procedures,	497
and standards established by the council under Article VI are	498
complied with in the state;	499

(C) Regulate the in-state use of records received by means of	500
the III system from the FBI or from other party states;	501

(2) Establish and maintain a criminal history record	502
repository, which shall provide both of the following:	503

(A) Information and records for the national identification	504
index and the national fingerprint file;	505

(B) The state's III system-indexed criminal history records	506
for noncriminal justice purposes described in Article IV;	507

(3) Participate in the national fingerprint file;

508

(4) Provide and maintain telecommunications links and related	509
equipment necessary to support the services set forth in this	510
compact.	511

(c) In carrying out their responsibilities under this	512
compact, the FBI and each party state shall comply with the III	513
system rules, procedures, and standards duly established by the	514
council concerning record dissemination and use, response times,	515
data quality, system security, accuracy, privacy protection, and	516
other aspects of III system operation.	517

(d)(1) Use of the III system for noncriminal justice purposes	518
authorized in this compact shall be managed so as not to diminish	519
the level of services provided in support of criminal justice	520
purposes.	521

(2) Administration of compact provisions shall not reduce the	522
level of service available to authorized noncriminal justice users	523
on the effective date of this compact.	524

Article IV

525

(a) To the extent authorized by section 552a of title 5,	526
United States Code (commonly known as the 'Privacy Act of 1974'),	527
the FBI shall provide on request criminal history records	528
(excluding sealed records) to state criminal history record	529
repositories for noncriminal justice purposes allowed by federal	530
statute, federal executive order, or a state statute that has been	531
approved by the attorney general and that authorizes national	532
indices checks.	533

(b) The FBI, to the extent authorized by section 552a of	534
title 5, United States Code (commonly known as the 'Privacy Act of	535
1974') and state criminal history record repositories, shall	536
provide criminal history records (excluding sealed records) to	537
criminal justice agencies and other governmental or	538
nongovernmental agencies for noncriminal justice purposes allowed	539
by federal statute, federal executive order, or a state statute	540
that has been approved by the attorney general, that authorizes	541
national indices checks.	542

(c) Any record obtained under this compact may be used only	543
for the official purposes for which the record was requested. Each	544
compact officer shall establish procedures, consistent with this	545
compact, and with rules, procedures, and standards established by	546
the council under Article VI, which procedures shall protect the	547
accuracy and privacy of the records, and shall do all of the	548
following:	549

(1) Ensure that records obtained under this compact are used	550
only by authorized officials for authorized purposes;	551

(2) Require that subsequent record checks are requested to	552
obtain current information whenever a new need arises;	553

(3) Ensure that record entries that may not legally be used	554
for a particular noncriminal justice purpose are deleted from the	555
response and, if no information authorized for release remains, an	556
appropriate 'no record' response is communicated to the requesting	557
official.	558

Article V

559

(a) Subject fingerprints or other approved forms of positive	560
identification shall be submitted with all requests for criminal	561
history record checks for noncriminal justice purposes.	562

(b) Each request for a criminal history record check	563
utilizing the national indices made under any approved state	564
statute shall be submitted through that state's criminal history	565
record repository. A state criminal history record repository	566
shall process an interstate request for noncriminal justice	567
purposes through the national indices only if the request is	568
transmitted through another state criminal history record	569
repository or the FBI.	570

(c) Each request for criminal history record checks utilizing	571
the national indices made under federal authority shall be	572
submitted through the FBI or, if the state criminal history record	573
repository consents to process fingerprint submissions, through	574
the criminal history record repository in the state in which the	575
request originated. Direct access to the national identification	576
index by entities other than the FBI or state criminal history	577
record repositories shall not be permitted for noncriminal justice	578
purposes.	579

(d) A state criminal history record repository for the FBI	580
may charge a fee, in accordance with applicable law, for handling	581
a request involving fingerprint processing for noncriminal justice	582
purposes and may not charge a fee for providing criminal history	583
records in response to an electric request for a record that does	584
not involve a request to process fingerprints.	585

(e)(1) If a state criminal history record repository cannot	586
positively identify the subject of a record request made for	587
noncriminal justice purposes, the request, together with	588
fingerprints or other approved identifying information, shall be	589
forwarded to the FBI for a search of the national indices.	590

(2) If, with respect to a request forwarded by a state	591
criminal history record repository under paragraph (1), the FBI	592
positively identifies the subject as having a III system-indexed	593
record or records, the FBI shall so advise the state criminal	594
history repository; and the state criminal history record	595
repository shall be entitled to obtain the additional criminal	596
history record information from the FBI or other state criminal	597
history record repositories.	598

Article VI

599

(a)(1) There is established a council to be known as the	600
'compact council,' which shall have the authority to promulgate	601
rules and procedures governing the use of the III system for	602
noncriminal justice purposes, not to conflict with the FBI	603
administration of the III system for criminal justice purposes.	604

(2) The council shall do all of the following:

605

(A) Continue in existence as long as this compact remains in	606
effect;	607

(B) Be located, for administrative purposes, within the FBI;

608

(C) Be organized and hold its first meeting as soon as	609
practicable after the effective date of this compact.	610

(b) The council shall be composed of fifteen members, each of	611
whom shall be appointed by the attorney general as follows:	612

(1) Nine members, each of whom shall serve a two-year term,	613
who shall be selected from among the compact officers of party	614
states based on the recommendation of the compact officers of all	615
party states, except that, in the absence of the requisite number	616
of compact officers available to serve, the chief administrators	617
of the criminal history record repositories of nonparty states	618
shall be eligible to serve on an interim basis;	619

(2) Two at-large members, nominated by the director of the	620
FBI, each of whom shall serve a three-year term, of whom one shall	621
be a representative of the criminal justice agencies of the	622
federal government and may not be employed by the FBI; and one	623
shall be a representative of the noncriminal justice agencies of	624
the federal government;	625

(3) Two at-large members, nominated by the chairman of the	626
council, once the chairman is elected pursuant to Article VI(c),	627
each of whom shall serve a three-year term, of whom one shall be a	628
representative of state or local criminal justice agencies; and	629
one shall be a representative of state or local noncriminal	630
justice agencies;	631

(4) One member, who shall serve a three-year term, and who	632
shall simultaneously be a member of the FBI's advisory policy	633
board on criminal justice information services, nominated by the	634
membership of that policy board;	635

(5) One member, nominated by the director of the FBI, who	636
shall serve a three-year term, and who shall be an employee of the	637
FBI.	638

(c)(1) From its membership, the council shall elect a	639
chairman and a vice chairman of the council, respectively. Both	640
the chairman and the vice chairman shall be a compact officer,	641
unless there is no compact officer on the council who is willing	642
to serve, in which case the chairman may be an at-large member;	643
and shall serve a two-year term and may be reelected to only one	644
additional two-year term.	645

(2) The vice chairman of the council shall serve as the	646
chairman of the council in the absence of the chairman.	647

(d)(1) The council shall meet at least once each year at the	648
call of the chairman. Each meeting of the council shall be open to	649
the public. The council shall provide prior public notice in the	650
federal register of each meeting of the council, including the	651
matters to be addressed at the meeting.	652

(2) A majority of the council or any committee of the council	653
shall constitute a quorum of the council or of such committee,	654
respectively, for the conduct of business. A lesser number may	655
meet to hold hearings, take testimony, or conduct any business not	656
requiring a vote.	657

(e) The council shall make available for public inspection	658
and copying at the council office with the FBI, and shall publish	659
in the federal register, any rules, procedures, or standards	660
established by the council.	661

(f) The council may request from the FBI any reports,	662
studies, statistics, or other information or materials that the	663
council determines to be necessary to enable the council to	664
perform its duties under this compact. The FBI, to the extent	665
authorized by law, may provide such assistance or information upon	666
such a request.	667

(g) The chairman may establish committees as necessary to	668
carry out this compact and may prescribe their membership,	669
responsibilities, and duration.	670

Article VII

671

This compact shall take effect upon being entered into by two	672
or more states as between those states and the federal government.	673
Upon subsequent entering into this compact by additional states,	674
it shall become effective among those states and the federal	675
government and each party state that has previously ratified it.	676
When ratified, this compact shall have the full force and effect	677
of law within the ratifying jurisdictions. The form of	678
ratification shall be in accordance with the laws of the executing	679
state.	680

Article VIII

681

(a) Administration of this compact shall not interfere with	682
the management and control of the director of the FBI over the	683
FBI's collection and dissemination of criminal history records and	684
the advisory function of the FBI's advisory policy board chartered	685
under the Federal Advisory Committee Act (5 U.S.C. App.) for all	686
purposes other than noncriminal justice.	687

(b) Nothing in this compact shall require the FBI to obligate	688
or expend funds beyond those appropriated to the FBI.	689

(c) Nothing in this compact shall diminish or lessen the	690
obligations, responsibilities, and authorities of any state,	691
whether a party state or a nonparty state, or of any criminal	692
history record repository or other subdivision or component	693
thereof, under the Departments of State, Justice, and Commerce,	694
the Judiciary, and Related Agencies Appropriation Act, 1973	695
(Public Law 92-544), or regulations and guidelines promulgated	696
thereunder, including the rules and procedures promulgated by the	697
council under Article VI(a), regarding the use and dissemination	698
of criminal history records and information.	699

Article IX

700

(a) This compact shall bind each party state until renounced	701
by the party state.	702

(b) Any renunciation of this compact by a party state shall	703
be effected in the same manner by which the party state ratified	704
this compact and shall become effective one hundred and eighty	705
days after written notice of renunciation is provided by the party	706
state to each other party state and to the federal government.	707

Article X

708

The provisions of this compact shall be severable, and if any	709
phrase, clause, sentence, or provision of this compact is declared	710
to be contrary to the constitution of any participating state, or	711
to the Constitution of the United States, or the applicability of	712
any phrase, clause, sentence, or provision of this compact to any	713
government, agency, person, or circumstance is held invalid, the	714
validity of the remainder of this compact and the applicability of	715
the remainder of this compact to any government, agency, person,	716
or circumstance shall not be affected thereby. If a portion of	717
this compact is held contrary to the constitution of any party	718
state, all other portions of this compact shall remain in full	719
force and effect as to the remaining party states and in full	720
force and effect as to the party states affected, as to all other	721
provisions.	722

Article XI

723

(a) The council shall do both of the following:

724

(1) Have initial authority to make determinations with	725
respect to any dispute regarding all of the following:	726

(A) Interpretation of this compact;

727

(B) Any rule or standard established by the council pursuant	728
to Article V;	729

(C) Any dispute or controversy between any parties to this	730
compact;	731

(2) Hold a hearing concerning any dispute described in	732
paragraph (1) at a regularly scheduled meeting of the council and	733
only render a decision based upon a majority vote of the members	734
of the council. The decision shall be published pursuant to the	735
requirements of Article VI(e).	736

(b) The FBI shall exercise immediate and necessary action to	737
preserve the integrity of the III system, maintain system policy	738
and standards, protect the accuracy and privacy of records, and to	739
prevent abuses, until the council holds a hearing on such matters.	740

(c) The FBI or a party state may appeal any decision of the	741
council to the attorney general, and thereafter may file suit in	742
the appropriate district court of the United States, which shall	743
have original jurisdiction of all cases or controversies arising	744
under this compact. Any suit arising under this compact and	745
initiated in a state court shall be removed to the appropriate	746
district court of the United States in the manner provided by	747
section 1446 of title 28, United States Code, or other statutory	748
authority.	749

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	750
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	751
or 5153.111 of the Revised Code, a completed form prescribed	752
pursuant to division (C)(1) of this section, and a set of	753
fingerprint impressions obtained in the manner described in	754
division (C)(2) of this section, the superintendent of the bureau	755
of criminal identification and investigation shall conduct a	756
criminal records check in the manner described in division (B) of	757
this section to determine whether any information exists that	758
indicates that the person who is the subject of the request	759
previously has been convicted of or pleaded guilty to any of the	760
following:	761

(a) A violation of section 2903.01, 2903.02, 2903.03,	762
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	763
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	764
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	765
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	766
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	767
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	768
2925.06, or 3716.11 of the Revised Code, felonious sexual	769
penetration in violation of former section 2907.12 of the Revised	770
Code, a violation of section 2905.04 of the Revised Code as it	771
existed prior to July 1, 1996, a violation of section 2919.23 of	772
the Revised Code that would have been a violation of section	773
2905.04 of the Revised Code as it existed prior to July 1, 1996,	774
had the violation been committed prior to that date, or a	775
violation of section 2925.11 of the Revised Code that is not a	776
minor drug possession offense;	777

(b) A violation of an existing or former law of this state,	778
any other state, or the United States that is substantially	779
equivalent to any of the offenses listed in division (A)(1)(a) of	780
this section.	781

(2) On receipt of a request pursuant to section 5123.081 of	782
the Revised Code with respect to an applicant for employment in	783
any position with the department of mental retardation and	784
developmental disabilities, pursuant to section 5126.28 of the	785
Revised Code with respect to an applicant for employment in any	786
position with a county board of mental retardation and	787
developmental disabilities, or pursuant to section 5126.281 of the	788
Revised Code with respect to an applicant for employment in a	789
direct services position with an entity contracting with a county	790
board for employment, a completed form prescribed pursuant to	791
division (C)(1) of this section, and a set of fingerprint	792
impressions obtained in the manner described in division (C)(2) of	793
this section, the superintendent of the bureau of criminal	794
identification and investigation shall conduct a criminal records	795
check. The superintendent shall conduct the criminal records check	796
in the manner described in division (B) of this section to	797
determine whether any information exists that indicates that the	798
person who is the subject of the request has been convicted of or	799
pleaded guilty to any of the following:	800

(a) A violation of section 2903.01, 2903.02, 2903.03,	801
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	802
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	803
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	804
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	805
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	806
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	807
3716.11 of the Revised Code;	808

(b) An existing or former municipal ordinance or law of this	809
state, any other state, or the United States that is substantially	810
equivalent to any of the offenses listed in division (A)(2)(a) of	811
this section.	812

(3) On receipt of a request pursuant to section 173.41,	813
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	814
form prescribed pursuant to division (C)(1) of this section, and a	815
set of fingerprint impressions obtained in the manner described in	816
division (C)(2) of this section, the superintendent of the bureau	817
of criminal identification and investigation shall conduct a	818
criminal records check with respect to any person who has applied	819
for employment in a position that involves providing direct care	820
to an older adult. The superintendent shall conduct the criminal	821
records check in the manner described in division (B) of this	822
section to determine whether any information exists that indicates	823
that the person who is the subject of the request previously has	824
been convicted of or pleaded guilty to any of the following:	825

(a) A violation of section 2903.01, 2903.02, 2903.03,	826
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	827
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	828
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	829
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	830
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	831
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	832
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	833
2925.22, 2925.23, or 3716.11 of the Revised Code;	834

(b) An existing or former law of this state, any other state,	835
or the United States that is substantially equivalent to any of	836
the offenses listed in division (A)(3)(a) of this section.	837

(4) On receipt of a request pursuant to section 3701.881 of	838
the Revised Code with respect to an applicant for employment with	839
a home health agency as a person responsible for the care,	840
custody, or control of a child, a completed form prescribed	841
pursuant to division (C)(1) of this section, and a set of	842
fingerprint impressions obtained in the manner described in	843
division (C)(2) of this section, the superintendent of the bureau	844
of criminal identification and investigation shall conduct a	845
criminal records check. The superintendent shall conduct the	846
criminal records check in the manner described in division (B) of	847
this section to determine whether any information exists that	848
indicates that the person who is the subject of the request	849
previously has been convicted of or pleaded guilty to any of the	850
following:	851

(a) A violation of section 2903.01, 2903.02, 2903.03,	852
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	853
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	854
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	855
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	856
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	857
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	858
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	859
violation of section 2925.11 of the Revised Code that is not a	860
minor drug possession offense;	861

(b) An existing or former law of this state, any other state,	862
or the United States that is substantially equivalent to any of	863
the offenses listed in division (A)(4)(a) of this section.	864

(5) On receipt of a request pursuant to section 5111.95 or	865
5111.96 of the Revised Code with respect to an applicant for	866
employment with a waiver agency participating in a department of	867
job and family services administered home and community-based	868
waiver program or an independent provider participating in a	869
department administered home and community-based waiver program in	870
a position that involves providing home and community-based waiver	871
services to consumers with disabilities, a completed form	872
prescribed pursuant to division (C)(1) of this section, and a set	873
of fingerprint impressions obtained in the manner described in	874
division (C)(2) of this section, the superintendent of the bureau	875
of criminal identification and investigation shall conduct a	876
criminal records check. The superintendent shall conduct the	877
criminal records check in the manner described in division (B) of	878
this section to determine whether any information exists that	879
indicates that the person who is the subject of the request	880
previously has been convicted of or pleaded guilty to any of the	881
following:	882

(a) A violation of section 2903.01, 2903.02, 2903.03,	883
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	884
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	885
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	886
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	887
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	888
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	889
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	890
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	891
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	892
Revised Code, felonious sexual penetration in violation of former	893
section 2907.12 of the Revised Code, a violation of section	894
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	895
violation of section 2919.23 of the Revised Code that would have	896
been a violation of section 2905.04 of the Revised Code as it	897
existed prior to July 1, 1996, had the violation been committed	898
prior to that date;	899

(b) An existing or former law of this state, any other state,	900
or the United States that is substantially equivalent to any of	901
the offenses listed in division (A)(5)(a) of this section.	902

(6) On receipt of a request pursuant to section 3701.881 of	903
the Revised Code with respect to an applicant for employment with	904
a home health agency in a position that involves providing direct	905
care to an older adult, a completed form prescribed pursuant to	906
division (C)(1) of this section, and a set of fingerprint	907
impressions obtained in the manner described in division (C)(2) of	908
this section, the superintendent of the bureau of criminal	909
identification and investigation shall conduct a criminal records	910
check. The superintendent shall conduct the criminal records check	911
in the manner described in division (B) of this section to	912
determine whether any information exists that indicates that the	913
person who is the subject of the request previously has been	914
convicted of or pleaded guilty to any of the following:	915

(a) A violation of section 2903.01, 2903.02, 2903.03,	916
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	917
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	918
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	919
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	920
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	921
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	922
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	923
2925.22, 2925.23, or 3716.11 of the Revised Code;	924

(b) An existing or former law of this state, any other state,	925
or the United States that is substantially equivalent to any of	926
the offenses listed in division (A)(6)(a) of this section.	927

(7) When conducting a criminal records check upon a request	928
pursuant to section 3319.39 of the Revised Code for an applicant	929
who is a teacher, in addition to the determination made under	930
division (A)(1) of this section, the superintendent shall	931
determine whether any information exists that indicates that the	932
person who is the subject of the request previously has been	933
convicted of or pleaded guilty to any offense specified in section	934
3319.31 of the Revised Code.	935

(8) When conducting a criminal records check on a request	936
pursuant to section 2151.86 of the Revised Code for a person who	937
is a prospective foster caregiver or who is eighteen years old or	938
older and resides in the home of a prospective foster caregiver,	939
the superintendent, in addition to the determination made under	940
division (A)(1) of this section, shall determine whether any	941
information exists that indicates that the person has been	942
convicted of or pleaded guilty to a violation of:	943

(a) Section 2909.02 or 2909.03 of the Revised Code;

944

(b) An existing or former law of this state, any other state,	945
or the United States that is substantially equivalent to section	946
2909.02 or 2909.03 of the Revised Code.	947

(9) Not later than thirty days after the date the	948
superintendent receives the request, completed form, and	949
fingerprint impressions, the superintendent shall send the person,	950
board, or entity that made the request any information, other than	951
information the dissemination of which is prohibited by federal	952
law, the superintendent determines exists with respect to the	953
person who is the subject of the request that indicates that the	954
person previously has been convicted of or pleaded guilty to any	955
offense listed or described in division (A)(1), (2), (3), (4),	956
(5), (6), (7), or (8) of this section, as appropriate. The	957
superintendent shall send the person, board, or entity that made	958
the request a copy of the list of offenses specified in division	959
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as	960
appropriate. If the request was made under section 3701.881 of the	961
Revised Code with regard to an applicant who may be both	962
responsible for the care, custody, or control of a child and	963
involved in providing direct care to an older adult, the	964
superintendent shall provide a list of the offenses specified in	965
divisions (A)(4) and (6) of this section.	966

(B) The superintendent shall conduct any criminal records	967
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	968
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	969
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	970
5153.111 of the Revised Code as follows:	971

(1) The superintendent shall review or cause to be reviewed	972
any relevant information gathered and compiled by the bureau under	973
division (A) of section 109.57 of the Revised Code that relates to	974
the person who is the subject of the request, including any	975
relevant information contained in records that have been sealed	976
under section 2953.32 of the Revised Code;	977

(2) If the request received by the superintendent asks for	978
information from the federal bureau of investigation, the	979
superintendent shall request from the federal bureau of	980
investigation any information it has with respect to the person	981
who is the subject of the request and shall review or cause to be	982
reviewed any information the superintendent receives from that	983
bureau;	984

(3) The superintendent or the superintendent's designee may	985
request criminal history records from other states or the federal	986
government pursuant to the national crime prevention and privacy	987
compact set forth in section 109.571 of the Revised Code.	988

(C)(1) The superintendent shall prescribe a form to obtain	989
the information necessary to conduct a criminal records check from	990
any person for whom a criminal records check is required by	991
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	992
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	993
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	994
form that the superintendent prescribes pursuant to this division	995
may be in a tangible format, in an electronic format, or in both	996
tangible and electronic formats.	997

(2) The superintendent shall prescribe standard impression	998
sheets to obtain the fingerprint impressions of any person for	999
whom a criminal records check is required by section 173.41,	1000
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1001
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	1002
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1003
records check is required by any of those sections shall obtain	1004
the fingerprint impressions at a county sheriff's office,	1005
municipal police department, or any other entity with the ability	1006
to make fingerprint impressions on the standard impression sheets	1007
prescribed by the superintendent. The office, department, or	1008
entity may charge the person a reasonable fee for making the	1009
impressions. The standard impression sheets the superintendent	1010
prescribes pursuant to this division may be in a tangible format,	1011
in an electronic format, or in both tangible and electronic	1012
formats.	1013

(3) Subject to division (D) of this section, the	1014
superintendent shall prescribe and charge a reasonable fee for	1015
providing a criminal records check requested under section 173.41,	1016
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1017
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	1018
5126.281, or 5153.111 of the Revised Code. The person making a	1019
criminal records request under section 173.41, 2151.86, 3301.32,	1020
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1021
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	1022
or 5153.111 of the Revised Code shall pay the fee prescribed	1023
pursuant to this division. A person making a request under section	1024
3701.881 of the Revised Code for a criminal records check for an	1025
applicant who may be both responsible for the care, custody, or	1026
control of a child and involved in providing direct care to an	1027
older adult shall pay one fee for the request.	1028

(4) The superintendent of the bureau of criminal	1029
identification and investigation may prescribe methods of	1030
forwarding fingerprint impressions and information necessary to	1031
conduct a criminal records check, which methods shall include, but	1032
not be limited to, an electronic method.	1033

(D) A determination whether any information exists that	1034
indicates that a person previously has been convicted of or	1035
pleaded guilty to any offense listed or described in division	1036
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1037
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or	1038
(b) of this section that is made by the superintendent with	1039
respect to information considered in a criminal records check in	1040
accordance with this section is valid for the person who is the	1041
subject of the criminal records check for a period of one year	1042
from the date upon which the superintendent makes the	1043
determination. During the period in which the determination in	1044
regard to a person is valid, if another request under this section	1045
is made for a criminal records check for that person, the	1046
superintendent shall provide the information that is the basis for	1047
the superintendent's initial determination at a lower fee than the	1048
fee prescribed for the initial criminal records check.	1049

(E) As used in this section:

1050

(1) "Criminal records check" means any criminal records check	1051
conducted by the superintendent of the bureau of criminal	1052
identification and investigation in accordance with division (B)	1053
of this section.	1054

(2) "Home and community-based waiver services" and "waiver	1055
agency" have the same meanings as in section 5111.95 of the	1056
Revised Code.	1057

(3) "Independent provider" has the same meaning as in section	1058
5111.96 of the Revised Code.	1059

(4) "Minor drug possession offense" has the same meaning as	1060
in section 2925.01 of the Revised Code.	1061

(5) "Older adult" means a person age sixty or older.

1062

Section 2. That existing sections 109.57 and 109.572 of the	1063
Revised Code are hereby repealed.	1064

Section 3.  Section 109.57 of the Revised Code is presented	1065
in this act as a composite of the section as amended by both Am.	1066
Sub. H.B. 95 and Am. Sub. S.B. 5 of the 125th General Assembly.	1067
The General Assembly, applying the principle stated in division	1068
(B) of section 1.52 of the Revised Code that amendments are to be	1069
harmonized if reasonably capable of simultaneous operation, finds	1070
that the composite is the resulting version of the section in	1071
effect prior to the effective date of the section as presented in	1072
this act.	1073