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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 |
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 |
312 |
The contracting states agree to the following: | 313 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |