As Reported by the Senate Judiciary--Criminal Justice Committee

125th General Assembly Regular Session 2003-2004

Sub. S. B. No. 53

Senators Goodman, Stivers, Jacobson, Randy Gardner, Dann, Herington, Austria 

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A BILL

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 a sexually oriented offense and	123
with respect to all other duties imposed on the bureau under that	124
chapter.	125

(5) The bureau shall perform centralized recordkeeping	126
functions for criminal history records and services in this state	127
for purposes of the national crime prevention and privacy compact	128
set forth in section 109.571 of the Revised Code and is the	129
criminal history record repository as defined in that section for	130
purposes of that compact. The superintendent or the	131
superintendent's designee is the compact officer for purposes of	132
that compact and shall carry out the responsibilities of the	133
compact officer specified in that compact.	134

(B) The superintendent shall prepare and furnish to every	135
county, multicounty, municipal, municipal-county, or	136
multicounty-municipal jail or workhouse, community-based	137
correctional facility, halfway house, alternative residential	138
facility, or state correctional institution and to every clerk of	139
a court in this state specified in division (A)(2) of this section	140
standard forms for reporting the information required under	141
division (A) of this section. The standard forms that the	142
superintendent prepares pursuant to this division may be in a	143
tangible format, in an electronic format, or in both tangible	144
formats and electronic formats.	145

(C) The superintendent may operate a center for electronic,	146
automated, or other data processing for the storage and retrieval	147
of information, data, and statistics pertaining to criminals and	148
to children under eighteen years of age who are adjudicated	149
delinquent children for committing an act that would be a felony	150
or an offense of violence if committed by an adult, criminal	151
activity, crime prevention, law enforcement, and criminal justice,	152
and may establish and operate a statewide communications network	153
to gather and disseminate information, data, and statistics for	154
the use of law enforcement agencies. The superintendent may	155
gather, store, retrieve, and disseminate information, data, and	156
statistics that pertain to children who are under eighteen years	157
of age and that are gathered pursuant to sections 109.57 to 109.61	158
of the Revised Code together with information, data, and	159
statistics that pertain to adults and that are gathered pursuant	160
to those sections. In addition to any other authorized use of	161
information, data, and statistics of that nature, the	162
superintendent or the superintendent's designee may provide and	163
exchange the information, data, and statistics pursuant to the	164
national crime prevention and privacy compact as described in	165
division (A)(5) of this section.	166

(D) The information and materials furnished to the	167
superintendent pursuant to division (A) of this section and	168
information and materials furnished to any board or person under	169
division (F) or (G) of this section are not public records under	170
section 149.43 of the Revised Code.	171

(E) The attorney general shall adopt rules, in accordance	172
with Chapter 119. of the Revised Code, setting forth the procedure	173
by which a person may receive or release information gathered by	174
the superintendent pursuant to division (A) of this section. A	175
reasonable fee may be charged for this service. If a temporary	176
employment service submits a request for a determination of	177
whether a person the service plans to refer to an employment	178
position has been convicted of or pleaded guilty to an offense	179
listed in division (A)(1), (3), (4), or (5) of section 109.572 of	180
the Revised Code, the request shall be treated as a single request	181
and only one fee shall be charged.	182

(F)(1) As used in division (F)(2) of this section, "head	183
start agency" means an entity in this state that has been approved	184
to be an agency for purposes of subchapter II of the "Community	185
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	186
as amended.	187

(2)(a) In addition to or in conjunction with any request that	188
is required to be made under section 109.572, 2151.86, 3301.32,	189
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	190
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	191
education of any school district; the director of mental	192
retardation and developmental disabilities; any county board of	193
mental retardation and developmental disabilities; any entity	194
under contract with a county board of mental retardation and	195
developmental disabilities; the chief administrator of any	196
chartered nonpublic school; the chief administrator of any home	197
health agency; the chief administrator of or person operating any	198
child day-care center, type A family day-care home, or type B	199
family day-care home licensed or certified under Chapter 5104. of	200
the Revised Code; the administrator of any type C family day-care	201
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	202
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	203
general assembly; the chief administrator of any head start	204
agency; or the executive director of a public children services	205
agency may request that the superintendent of the bureau	206
investigate and determine, with respect to any individual who has	207
applied for employment in any position after October 2, 1989, or	208
any individual wishing to apply for employment with a board of	209
education may request, with regard to the individual, whether the	210
bureau has any information gathered under division (A) of this	211
section that pertains to that individual. On receipt of the	212
request, the superintendent shall determine whether that	213
information exists and, upon request of the person, board, or	214
entity requesting information, also shall request from the federal	215
bureau of investigation any criminal records it has pertaining to	216
that individual. The superintendent or the superintendent's	217
designee also may request criminal history records from other	218
states or the federal government pursuant to the national crime	219
prevention and privacy compact set forth in section 109.571 of the	220
Revised Code. Within thirty days of the date that the	221
superintendent receives a request, the superintendent shall send	222
to the board, entity, or person a report of any information that	223
the superintendent determines exists, including information	224
contained in records that have been sealed under section 2953.32	225
of the Revised Code, and, within thirty days of its receipt, shall	226
send the board, entity, or person a report of any information	227
received from the federal bureau of investigation, other than	228
information the dissemination of which is prohibited by federal	229
law.	230

(b) When a board of education is required to receive	231
information under this section as a prerequisite to employment of	232
an individual pursuant to section 3319.39 of the Revised Code, it	233
may accept a certified copy of records that were issued by the	234
bureau of criminal identification and investigation and that are	235
presented by an individual applying for employment with the	236
district in lieu of requesting that information itself. In such a	237
case, the board shall accept the certified copy issued by the	238
bureau in order to make a photocopy of it for that individual's	239
employment application documents and shall return the certified	240
copy to the individual. In a case of that nature, a district only	241
shall accept a certified copy of records of that nature within one	242
year after the date of their issuance by the bureau.	243

(3) The state board of education may request, with respect to	244
any individual who has applied for employment after October 2,	245
1989, in any position with the state board or the department of	246
education, any information that a school district board of	247
education is authorized to request under division (F)(2) of this	248
section, and the superintendent of the bureau shall proceed as if	249
the request has been received from a school district board of	250
education under division (F)(2) of this section.	251

(4) When the superintendent of the bureau receives a request	252
for information that is authorized under section 3319.291 of the	253
Revised Code, the superintendent shall proceed as if the request	254
has been received from a school district board of education under	255
division (F)(2) of this section.	256

(5) When a recipient of an OhioReads classroom or community	257
reading grant paid under section 3301.86 or 3301.87 of the Revised	258
Code or an entity approved by the OhioReads council requests, with	259
respect to any individual who applies to participate in providing	260
any program or service through an entity approved by the OhioReads	261
council or funded in whole or in part by the grant, the	262
information that a school district board of education is	263
authorized to request under division (F)(2)(a) of this section,	264
the superintendent of the bureau shall proceed as if the request	265
has been received from a school district board of education under	266
division (F)(2)(a) of this section.	267

(G) In addition to or in conjunction with any request that is	268
required to be made under section 173.41, 3701.881, 3712.09,	269
3721.121, or 3722.151 of the Revised Code with respect to an	270
individual who has applied for employment in a position that	271
involves providing direct care to an older adult, the chief	272
administrator of a PASSPORT agency that provides services through	273
the PASSPORT program created under section 173.40 of the Revised	274
Code, home health agency, hospice care program, home licensed	275
under Chapter 3721. of the Revised Code, adult day-care program	276
operated pursuant to rules adopted under section 3721.04 of the	277
Revised Code, or adult care facility may request that the	278
superintendent of the bureau investigate and determine, with	279
respect to any individual who has applied after January 27, 1997,	280
for employment in a position that does not involve providing	281
direct care to an older adult, whether the bureau has any	282
information gathered under division (A) of this section that	283
pertains to that individual. On receipt of the request, the	284
superintendent shall determine whether that information exists	285
and, on request of the administrator requesting information, shall	286
also request from the federal bureau of investigation any criminal	287
records it has pertaining to that individual. The superintendent	288
or the superintendent's designee also may request criminal history	289
records from other states or the federal government pursuant to	290
the national crime prevention and privacy compact set forth in	291
section 109.571 of the Revised Code. Within thirty days of the	292
date a request is received, the superintendent shall send to the	293
administrator a report of any information determined to exist,	294
including information contained in records that have been sealed	295
under section 2953.32 of the Revised Code, and, within thirty days	296
of its receipt, shall send the administrator a report of any	297
information received from the federal bureau of investigation,	298
other than information the dissemination of which is prohibited by	299
federal law.	300

(H) Information obtained by a board, administrator, or other	301
person under this section is confidential and shall not be	302
released or disseminated.	303

(I) The superintendent may charge a reasonable fee for	304
providing information or criminal records under division (F)(2) or	305
(G) of this section.	306

Sec. 109.571.  The "national crime prevention and privacy	307
compact" is hereby ratified, enacted into law, and entered into by	308
the state of Ohio as a party to the compact with any other state	309
that has legally joined in the compact as follows:	310

NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

311

The contracting states agree to the following:

312

Overview

313

(a) This compact organizes an electronic information sharing	314
system among the federal government and the states to exchange	315
criminal history records for noncriminal justice purposes	316
authorized by federal or state law, such as background checks for	317
governmental licensing and employment.	318

(b) Under this compact, the FBI and the party states agree to	319
maintain detailed databases of their respective criminal history	320
records, including arrests and dispositions, and to make them	321
available to the federal government and to party states for	322
authorized purposes. The FBI shall also manage the federal data	323
facilities that provide a significant part of the infrastructure	324
for the system.	325

Article I

326

As used in this compact:

327

(1) "Attorney general" means the attorney general of the	328
United States.	329

(2) "Compact officer" means:

330

(A) With respect to the federal government, an official so	331
designated by the director of the FBI; and	332

(B) With respect to a party state, the chief administrator of	333
the state's criminal history record repository or a designee of	334
the chief administrator who is a regular full-time employee of the	335
repository.	336

(3) "Council" means the compact council established under	337
Article VI of the compact.	338

(4)(A) "Criminal history records" means information collected	339
by criminal justice agencies on individuals consisting of	340
identifiable descriptions and notations of arrests, detentions,	341
indictments, or other formal criminal charges, and any disposition	342
arising therefrom, including acquittal, sentencing, correctional	343
supervision, or release.	344

(B) "Criminal history records" does not include	345
identification information such as fingerprint records if the	346
information does not indicate involvement of the individual with	347
the criminal justice system.	348

(5) "Criminal history record repository" means the state	349
agency designated by the governor or other appropriate executive	350
official or the legislature of a state to perform centralized	351
recordkeeping functions for criminal history records and services	352
in the state.	353

(6) "Criminal justice" includes activities relating to the	354
detection, apprehension, detention, pretrial release, post-trial	355
release, prosecution, adjudication, correctional supervision, or	356
rehabilitation of accused persons or criminal offenders. The	357
administration of criminal justice includes criminal	358
identification activities and the collection, storage, and	359
dissemination of criminal history records.	360

(7) "Criminal justice agency" means courts and a governmental	361
agency or any subunit of a governmental agency that performs the	362
administration of criminal justice pursuant to a statute or	363
executive order and allocates a substantial part of its annual	364
budget to the administration of criminal justice. "Criminal	365
justice agency" also includes federal and state inspectors general	366
offices.	367

(8) "Criminal justice services" means services provided by	368
the FBI to criminal justice agencies in response to a request for	369
information about a particular individual or as an update to	370
information previously provided for criminal justice purposes.	371

(9) "Criterion offense" means any felony or misdemeanor	372
offense not included on the list of nonserious offenses published	373
periodically by the FBI.	374

(10) "Direct access" means access to the national	375
identification index by computer terminal or other automated means	376
not requiring the assistance of or intervention by any other party	377
or agency.	378

(11) "Executive order" means an order of the president of the	379
United States or the chief executive officer of a state that has	380
the force of law and that is promulgated in accordance with	381
applicable law.	382

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

383

(13) "Interstate identification system" or "III system" means	384
the cooperative federal-state system for the exchange of criminal	385
history records and includes the national identification index,	386
the national fingerprint file, and, to the extent of their	387
participation in that system, the criminal history record	388
repositories of the states and the FBI.	389

(14) "National fingerprint file" means a database of	390
fingerprints, or other uniquely personal identifying information,	391
relating to an arrested or charged individual maintained by the	392
FBI to provide positive identification of record subjects indexed	393
in the III system.	394

(15) "National identification index" means an index	395
maintained by the FBI consisting of names, identifying numbers,	396
and other descriptive information relating to record subjects	397
about whom there are criminal history records in the III system.	398

(16) "National indices" means the national identification	399
index and the national fingerprint file.	400

(17) "Nonparty state" means a state that has not ratified	401
this compact.	402

(18) "Noncriminal justice purposes" means uses of criminal	403
history records for purposes authorized by federal or state law	404
other than purposes relating to criminal justice activities,	405
including employment suitability, licensing determinations,	406
immigration and naturalization matters, and national security	407
clearances.	408

(19) "Party state" means a state that has ratified this	409
compact.	410

(20) "Positive identification" means a determination, based	411
upon a comparison of fingerprints or other equally reliable	412
biometric identification techniques, that the subject of a record	413
search is the same person as the subject of a criminal history	414
record or records indexed in the III system. Identifications based	415
solely upon a comparison of subject's names or other nonunique	416
identification characteristics or numbers, or combinations	417
thereof, shall not constitute positive identification.	418

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

419

(A) With respect to adults, that portion of a record that is	420
not available for criminal justice uses, not supported by	421
fingerprints or other accepted means of positive identification,	422
or subject to restrictions on dissemination for noncriminal	423
justice purposes pursuant to a court order related to a particular	424
subject or pursuant to a federal or state statute that requires	425
action on a sealing petition filed by a particular record subject;	426

(B) With respect to juveniles, whatever each state determines	427
is a sealed record under its own law and procedure.	428

(22) "State" means any state, territory, or possession of the	429
United States, the District of Columbia, and the Commonwealth of	430
Puerto Rico.	431

Article II

432

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

433

(1) Provide a legal framework for the establishment of a	434
cooperative federal-state system for the interstate and	435
federal-state exchange of criminal history records for noncriminal	436
justice uses;	437

(2) Require the FBI to permit use of the national	438
identification index and the national fingerprint file by each	439
party state, and to provide, in a timely fashion, federal and	440
state criminal history records to requesting states, in accordance	441
with the terms of this compact and with rules, procedures, and	442
standards established by the council under Article VI;	443

(3) Require party states to provide information and records	444
for the national identification index and the national fingerprint	445
file and to provide criminal history records, in a timely fashion,	446
to criminal history record repositories of other states and the	447
federal government for noncriminal justice purposes, in accordance	448
with the terms of this compact and with rules, procedures, and	449
standards established by the council under Article VI;	450

(4) Provide for the establishment of a council to monitor III	451
system operations and to prescribe system rules and procedures for	452
the effective and proper operation of the III system for	453
noncriminal justice purposes;	454

(5) Require the FBI and each party state to adhere to III	455
system standards concerning record dissemination and use, response	456
times, system security, data quality, and other duly established	457
standards, including those that enhance the accuracy and privacy	458
of such records.	459

Article III

460

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

461

(1) Appoint an FBI compact officer who shall do all of the	462
following:	463

(A) Administer this compact within the department of justice	464
and among federal agencies and other agencies and organizations	465
that submit search requests to the FBI pursuant to Article V(c);	466

(B) Ensure that compact provisions and rules, procedures, and	467
standards prescribed by the council under Article VI are complied	468
with by the department of justice and the federal agencies and	469
other agencies and organizations referred to in Article III(1)(A);	470

(C) Regulate the use of records received by means of the III	471
system from party states when those records are supplied by the	472
FBI directly to other federal agencies;	473

(2) Provide to federal agencies and to state criminal history	474
record repositories criminal history records maintained in its	475
database for the noncriminal justice purposes described in Article	476
IV, including both of the following:	477

(A) Information from nonparty states;

478

(B) Information from party states that is available from the	479
FBI through the III system, but is not available from the party	480
state through the III system;	481

(3) Provide a telecommunications network and maintain	482
centralized facilities for the exchange of criminal history	483
records for both criminal justice purposes and the noncriminal	484
justice purposes described in Article IV, and ensure that the	485
exchange of criminal history records for criminal justice purposes	486
has priority over exchange for noncriminal justice purposes;	487

(4) Modify or enter into user agreements with nonparty state	488
criminal history record repositories to require them to establish	489
record request procedures conforming to those prescribed in	490
Article V.	491

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

492

(1) Appoint a compact officer who shall do all of the	493
following:	494

(A) Administer this compact within that state;

495

(B) Ensure that the compact provisions and rules, procedures,	496
and standards established by the council under Article VI are	497
complied with in the state;	498

(C) Regulate the in-state use of records received by means of	499
the III system from the FBI or from other party states;	500

(2) Establish and maintain a criminal history record	501
repository, which shall provide both of the following:	502

(A) Information and records for the national identification	503
index and the national fingerprint file;	504

(B) The state's III system-indexed criminal history records	505
for noncriminal justice purposes described in Article IV;	506

(3) Participate in the national fingerprint file;

507

(4) Provide and maintain telecommunications links and related	508
equipment necessary to support the services set forth in this	509
compact.	510

(c) In carrying out their responsibilities under this	511
compact, the FBI and each party state shall comply with the III	512
system rules, procedures, and standards duly established by the	513
council concerning record dissemination and use, response times,	514
data quality, system security, accuracy, privacy protection, and	515
other aspects of III system operation.	516

(d)(1) Use of the III system for noncriminal justice purposes	517
authorized in this compact shall be managed so as not to diminish	518
the level of services provided in support of criminal justice	519
purposes.	520

(2) Administration of compact provisions shall not reduce the	521
level of service available to authorized noncriminal justice users	522
on the effective date of this compact.	523

Article IV

524

(a) To the extent authorized by section 552a of title 5,	525
United States Code (commonly known as the 'Privacy Act of 1974'),	526
the FBI shall provide on request criminal history records	527
(excluding sealed records) to state criminal history record	528
repositories for noncriminal justice purposes allowed by federal	529
statute, federal executive order, or a state statute that has been	530
approved by the attorney general and that authorizes national	531
indices checks.	532

(b) The FBI, to the extent authorized by section 552a of	533
title 5, United States Code (commonly known as the 'Privacy Act of	534
1974') and state criminal history record repositories, shall	535
provide criminal history records (excluding sealed records) to	536
criminal justice agencies and other governmental or	537
nongovernmental agencies for noncriminal justice purposes allowed	538
by federal statute, federal executive order, or a state statute	539
that has been approved by the attorney general, that authorizes	540
national indices checks.	541

(c) Any record obtained under this compact may be used only	542
for the official purposes for which the record was requested. Each	543
compact officer shall establish procedures, consistent with this	544
compact, and with rules, procedures, and standards established by	545
the council under Article VI, which procedures shall protect the	546
accuracy and privacy of the records, and shall do all of the	547
following:	548

(1) Ensure that records obtained under this compact are used	549
only by authorized officials for authorized purposes;	550

(2) Require that subsequent record checks are requested to	551
obtain current information whenever a new need arises;	552

(3) Ensure that record entries that may not legally be used	553
for a particular noncriminal justice purpose are deleted from the	554
response and, if no information authorized for release remains, an	555
appropriate 'no record' response is communicated to the requesting	556
official.	557

Article V

558

(a) Subject fingerprints or other approved forms of positive	559
identification shall be submitted with all requests for criminal	560
history record checks for noncriminal justice purposes.	561

(b) Each request for a criminal history record check	562
utilizing the national indices made under any approved state	563
statute shall be submitted through that state's criminal history	564
record repository. A state criminal history record repository	565
shall process an interstate request for noncriminal justice	566
purposes through the national indices only if the request is	567
transmitted through another state criminal history record	568
repository or the FBI.	569

(c) Each request for criminal history record checks utilizing	570
the national indices made under federal authority shall be	571
submitted through the FBI or, if the state criminal history record	572
repository consents to process fingerprint submissions, through	573
the criminal history record repository in the state in which the	574
request originated. Direct access to the national identification	575
index by entities other than the FBI or state criminal history	576
record repositories shall not be permitted for noncriminal justice	577
purposes.	578

(d) A state criminal history record repository for the FBI	579
may charge a fee, in accordance with applicable law, for handling	580
a request involving fingerprint processing for noncriminal justice	581
purposes and may not charge a fee for providing criminal history	582
records in response to an electric request for a record that does	583
not involve a request to process fingerprints.	584

(e)(1) If a state criminal history record repository cannot	585
positively identify the subject of a record request made for	586
noncriminal justice purposes, the request, together with	587
fingerprints or other approved identifying information, shall be	588
forwarded to the FBI for a search of the national indices.	589

(2) If, with respect to a request forwarded by a state	590
criminal history record repository under paragraph (1), the FBI	591
positively identifies the subject as having a III system-indexed	592
record or records, the FBI shall so advise the state criminal	593
history repository; and the state criminal history record	594
repository shall be entitled to obtain the additional criminal	595
history record information from the FBI or other state criminal	596
history record repositories.	597

Article VI

598

(a)(1) There is established a council to be known as the	599
'compact council,' which shall have the authority to promulgate	600
rules and procedures governing the use of the III system for	601
noncriminal justice purposes, not to conflict with the FBI	602
administration of the III system for criminal justice purposes.	603

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

604

(A) Continue in existence as long as this compact remains in	605
effect;	606

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

607

(C) Be organized and hold its first meeting as soon as	608
practicable after the effective date of this compact.	609

(b) The council shall be composed of fifteen members, each of	610
whom shall be appointed by the attorney general as follows:	611

(1) Nine members, each of whom shall serve a two-year term,	612
who shall be selected from among the compact officers of party	613
states based on the recommendation of the compact officers of all	614
party states, except that, in the absence of the requisite number	615
of compact officers available to serve, the chief administrators	616
of the criminal history record repositories of nonparty states	617
shall be eligible to serve on an interim basis;	618

(2) Two at-large members, nominated by the director of the	619
FBI, each of whom shall serve a three-year term, of whom one shall	620
be a representative of the criminal justice agencies of the	621
federal government and may not be employed by the FBI; and one	622
shall be a representative of the noncriminal justice agencies of	623
the federal government;	624

(3) Two at-large members, nominated by the chairman of the	625
council, once the chairman is elected pursuant to Article VI(c),	626
each of whom shall serve a three-year term, of whom one shall be a	627
representative of state or local criminal justice agencies; and	628
one shall be a representative of state or local noncriminal	629
justice agencies;	630

(4) One member, who shall serve a three-year term, and who	631
shall simultaneously be a member of the FBI's advisory policy	632
board on criminal justice information services, nominated by the	633
membership of that policy board;	634

(5) One member, nominated by the director of the FBI, who	635
shall serve a three-year term, and who shall be an employee of the	636
FBI.	637

(c)(1) From its membership, the council shall elect a	638
chairman and a vice chairman of the council, respectively. Both	639
the chairman and the vice chairman shall be a compact officer,	640
unless there is no compact officer on the council who is willing	641
to serve, in which case the chairman may be an at-large member;	642
and shall serve a two-year term and may be reelected to only one	643
additional two-year term.	644

(2) The vice chairman of the council shall serve as the	645
chairman of the council in the absence of the chairman.	646

(d)(1) The council shall meet at least once each year at the	647
call of the chairman. Each meeting of the council shall be open to	648
the public. The council shall provide prior public notice in the	649
federal register of each meeting of the council, including the	650
matters to be addressed at the meeting.	651

(2) A majority of the council or any committee of the council	652
shall constitute a quorum of the council or of such committee,	653
respectively, for the conduct of business. A lesser number may	654
meet to hold hearings, take testimony, or conduct any business not	655
requiring a vote.	656

(e) The council shall make available for public inspection	657
and copying at the council office with the FBI, and shall publish	658
in the federal register, any rules, procedures, or standards	659
established by the council.	660

(f) The council may request from the FBI ANY reports,	661
studies, statistics, or other information or materials THAT the	662
council determines to be necessary to enable the council to	663
perform its duties under this compact. The FBI, to the extent	664
authorized by law, may provide such assistance or information upon	665
such a request.	666

(g) The chairman may establish committees as necessary to	667
carry out this compact and may prescribe their membership,	668
responsibilities, and duration.	669

Article VII

670

This compact shall take effect upon being entered into by two	671
or more states as between those states and the federal government.	672
Upon subsequent entering into this compact by additional states,	673
it shall become effective among those states and the federal	674
government and each party state that has previously ratified it.	675
When ratified, this compact shall have the full force and effect	676
of law within the ratifying jurisdictions. The form of	677
ratification shall be in accordance with the laws of the executing	678
state.	679

Article VIII

680

(a) Administration of this compact shall not interfere with	681
the management and control of the director of the FBI over the	682
FBI's collection and dissemination of criminal history records and	683
the advisory function of the FBI's advisory policy board chartered	684
under the Federal Advisory Committee Act (5 U.S.C. App.) for all	685
purposes other than noncriminal justice.	686

(b) Nothing in this compact shall require the FBI to obligate	687
or expend funds beyond those appropriated to the FBI.	688

(c) Nothing in this compact shall diminish or lessen the	689
obligations, responsibilities, and authorities of any state,	690
whether a party state or a nonparty state, or of any criminal	691
history record repository or other subdivision or component	692
thereof, under the Departments of State, Justice, and Commerce,	693
the Judiciary, and Related Agencies Appropriation Act, 1973	694
(Public Law 92-544), or regulations and guidelines promulgated	695
thereunder, including the rules and procedures promulgated by the	696
council under Article VI(a), regarding the use and dissemination	697
of criminal history records and information.	698

Article IX

699

(a) This compact shall bind each party state until renounced	700
by the party state.	701

(b) Any renunciation of this compact by a party state shall	702
be effected in the same manner by which the party state ratified	703
this compact and shall become effective one hundred and eighty	704
days after written notice of renunciation is provided by the party	705
state to each other party state and to the federal government.	706

Article X

707

The provisions of this compact shall be severable, and if any	708
phrase, clause, sentence, or provision of this compact is declared	709
to be contrary to the constitution of any participating state, or	710
to the Constitution of the United States, or the applicability of	711
any phrase, clause, sentence, or provision of this compact to any	712
government, agency, person, or circumstance is held invalid, the	713
validity of the remainder of this compact and the applicability of	714
the remainder of this compact to any government, agency, person,	715
or circumstance shall not be affected thereby. If a portion of	716
this compact is held contrary to the constitution of any party	717
state, all other portions of this compact shall remain in full	718
force and effect as to the remaining party states and in full	719
force and effect as to the party states affected, as to all other	720
provisions.	721

Article XI

722

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

723

(1) Have initial authority to make determinations with	724
respect to any dispute regarding all of the following:	725

(A) Interpretation of this compact;

726

(B) Any rule or standard established by the council pursuant	727
to Article V;	728

(C) Any dispute or controversy between any parties to this	729
compact;	730

(2) Hold a hearing concerning any dispute described in	731
paragraph (1) at a regularly scheduled meeting of the council and	732
only render a decision based upon a majority vote of the members	733
of the council. The decision shall be published pursuant to the	734
requirements of Article VI(e).	735

(b) The FBI shall exercise immediate and necessary action to	736
preserve the integrity of the III system, maintain system policy	737
and standards, protect the accuracy and privacy of records, and to	738
prevent abuses, until the council holds a hearing on such matters.	739

(c) The FBI or a party state may appeal any decision of the	740
council to the attorney general, and thereafter may file suit in	741
the appropriate district court of the United States, which shall	742
have original jurisdiction of all cases or controversies arising	743
under this compact. Any suit arising under this compact and	744
initiated in a state court shall be removed to the appropriate	745
district court of the United States in the manner provided by	746
section 1446 of title 28, United States Code, or other statutory	747
authority.	748

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	749
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	750
or 5153.111 of the Revised Code, a completed form prescribed	751
pursuant to division (C)(1) of this section, and a set of	752
fingerprint impressions obtained in the manner described in	753
division (C)(2) of this section, the superintendent of the bureau	754
of criminal identification and investigation shall conduct a	755
criminal records check in the manner described in division (B) of	756
this section to determine whether any information exists that	757
indicates that the person who is the subject of the request	758
previously has been convicted of or pleaded guilty to any of the	759
following:	760

(a) A violation of section 2903.01, 2903.02, 2903.03,	761
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	762
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	763
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	764
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	765
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	766
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	767
2925.06, or 3716.11 of the Revised Code, felonious sexual	768
penetration in violation of former section 2907.12 of the Revised	769
Code, a violation of section 2905.04 of the Revised Code as it	770
existed prior to July 1, 1996, a violation of section 2919.23 of	771
the Revised Code that would have been a violation of section	772
2905.04 of the Revised Code as it existed prior to July 1, 1996,	773
had the violation been committed prior to that date, or a	774
violation of section 2925.11 of the Revised Code that is not a	775
minor drug possession offense;	776

(b) A violation of an existing or former law of this state,	777
any other state, or the United States that is substantially	778
equivalent to any of the offenses listed in division (A)(1)(a) of	779
this section.	780

(2) On receipt of a request pursuant to section 5123.081 of	781
the Revised Code with respect to an applicant for employment in	782
any position with the department of mental retardation and	783
developmental disabilities, pursuant to section 5126.28 of the	784
Revised Code with respect to an applicant for employment in any	785
position with a county board of mental retardation and	786
developmental disabilities, or pursuant to section 5126.281 of the	787
Revised Code with respect to an applicant for employment in a	788
direct services position with an entity contracting with a county	789
board for employment, a completed form prescribed pursuant to	790
division (C)(1) of this section, and a set of fingerprint	791
impressions obtained in the manner described in division (C)(2) of	792
this section, the superintendent of the bureau of criminal	793
identification and investigation shall conduct a criminal records	794
check. The superintendent shall conduct the criminal records check	795
in the manner described in division (B) of this section to	796
determine whether any information exists that indicates that the	797
person who is the subject of the request has been convicted of or	798
pleaded guilty to any of the following:	799

(a) A violation of section 2903.01, 2903.02, 2903.03,	800
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	801
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	802
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	803
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	804
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	805
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	806
3716.11 of the Revised Code;	807

(b) An existing or former municipal ordinance or law of this	808
state, any other state, or the United States that is substantially	809
equivalent to any of the offenses listed in division (A)(2)(a) of	810
this section.	811

(3) On receipt of a request pursuant to section 173.41,	812
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	813
form prescribed pursuant to division (C)(1) of this section, and a	814
set of fingerprint impressions obtained in the manner described in	815
division (C)(2) of this section, the superintendent of the bureau	816
of criminal identification and investigation shall conduct a	817
criminal records check with respect to any person who has applied	818
for employment in a position that involves providing direct care	819
to an older adult. The superintendent shall conduct the criminal	820
records check in the manner described in division (B) of this	821
section to determine whether any information exists that indicates	822
that the person who is the subject of the request previously has	823
been convicted of or pleaded guilty to any of the following:	824

(a) A violation of section 2903.01, 2903.02, 2903.03,	825
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	826
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	827
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	828
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	829
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	830
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	831
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	832
2925.22, 2925.23, or 3716.11 of the Revised Code;	833

(b) An existing or former law of this state, any other state,	834
or the United States that is substantially equivalent to any of	835
the offenses listed in division (A)(3)(a) of this section.	836

(4) On receipt of a request pursuant to section 3701.881 of	837
the Revised Code with respect to an applicant for employment with	838
a home health agency as a person responsible for the care,	839
custody, or control of a child, a completed form prescribed	840
pursuant to division (C)(1) of this section, and a set of	841
fingerprint impressions obtained in the manner described in	842
division (C)(2) of this section, the superintendent of the bureau	843
of criminal identification and investigation shall conduct a	844
criminal records check. The superintendent shall conduct the	845
criminal records check in the manner described in division (B) of	846
this section to determine whether any information exists that	847
indicates that the person who is the subject of the request	848
previously has been convicted of or pleaded guilty to any of the	849
following:	850

(a) A violation of section 2903.01, 2903.02, 2903.03,	851
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	852
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	853
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	854
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	855
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	856
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	857
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	858
violation of section 2925.11 of the Revised Code that is not a	859
minor drug possession offense;	860

(b) An existing or former law of this state, any other state,	861
or the United States that is substantially equivalent to any of	862
the offenses listed in division (A)(4)(a) of this section.	863

(5) On receipt of a request pursuant to section 3701.881 of	864
the Revised Code with respect to an applicant for employment with	865
a home health agency in a position that involves providing direct	866
care to an older adult, a completed form prescribed pursuant to	867
division (C)(1) of this section, and a set of fingerprint	868
impressions obtained in the manner described in division (C)(2) of	869
this section, the superintendent of the bureau of criminal	870
identification and investigation shall conduct a criminal records	871
check. The superintendent shall conduct the criminal records check	872
in the manner described in division (B) of this section to	873
determine whether any information exists that indicates that the	874
person who is the subject of the request previously has been	875
convicted of or pleaded guilty to any of the following:	876

(a) A violation of section 2903.01, 2903.02, 2903.03,	877
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	878
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	879
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	880
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	881
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	882
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	883
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	884
2925.22, 2925.23, or 3716.11 of the Revised Code;	885

(b) An existing or former law of this state, any other state,	886
or the United States that is substantially equivalent to any of	887
the offenses listed in division (A)(5)(a) of this section.	888

(6) When conducting a criminal records check upon a request	889
pursuant to section 3319.39 of the Revised Code for an applicant	890
who is a teacher, in addition to the determination made under	891
division (A)(1) of this section, the superintendent shall	892
determine whether any information exists that indicates that the	893
person who is the subject of the request previously has been	894
convicted of or pleaded guilty to any offense specified in section	895
3319.31 of the Revised Code.	896

(7) When conducting a criminal records check on a request	897
pursuant to section 2151.86 of the Revised Code for a person who	898
is a prospective foster caregiver or who is eighteen years old or	899
older and resides in the home of a prospective foster caregiver,	900
the superintendent, in addition to the determination made under	901
division (A)(1) of this section, shall determine whether any	902
information exists that indicates that the person has been	903
convicted of or pleaded guilty to a violation of:	904

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

905

(b) An existing or former law of this state, any other state,	906
or the United States that is substantially equivalent to section	907
2909.02 or 2909.03 of the Revised Code.	908

(8) Not later than thirty days after the date the	909
superintendent receives the request, completed form, and	910
fingerprint impressions, the superintendent shall send the person,	911
board, or entity that made the request any information, other than	912
information the dissemination of which is prohibited by federal	913
law, the superintendent determines exists with respect to the	914
person who is the subject of the request that indicates that the	915
person previously has been convicted of or pleaded guilty to any	916
offense listed or described in division (A)(1), (2), (3), (4),	917
(5), (6), or (7) of this section, as appropriate. The	918
superintendent shall send the person, board, or entity that made	919
the request a copy of the list of offenses specified in division	920
(A)(1), (2), (3), (4), (5), (6), or (7) of this section, as	921
appropriate. If the request was made under section 3701.881 of the	922
Revised Code with regard to an applicant who may be both	923
responsible for the care, custody, or control of a child and	924
involved in providing direct care to an older adult, the	925
superintendent shall provide a list of the offenses specified in	926
divisions (A)(4) and (5) of this section.	927

(B) The superintendent shall conduct any criminal records	928
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	929
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	930
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	931
Code as follows:	932

(1) The superintendent shall review or cause to be reviewed	933
any relevant information gathered and compiled by the bureau under	934
division (A) of section 109.57 of the Revised Code that relates to	935
the person who is the subject of the request, including any	936
relevant information contained in records that have been sealed	937
under section 2953.32 of the Revised Code;	938

(2) If the request received by the superintendent asks for	939
information from the federal bureau of investigation, the	940
superintendent shall request from the federal bureau of	941
investigation any information it has with respect to the person	942
who is the subject of the request and shall review or cause to be	943
reviewed any information the superintendent receives from that	944
bureau;	945

(3) The superintendent or the superintendent's designee may	946
request criminal history records from other states or the federal	947
government pursuant to the national crime prevention and privacy	948
compact set forth in section 109.571 of the Revised Code.	949

(C)(1) The superintendent shall prescribe a form to obtain	950
the information necessary to conduct a criminal records check from	951
any person for whom a criminal records check is required by	952
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	953
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,	954
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that	955
the superintendent prescribes pursuant to this division may be in	956
a tangible format, in an electronic format, or in both tangible	957
and electronic formats.	958

(2) The superintendent shall prescribe standard impression	959
sheets to obtain the fingerprint impressions of any person for	960
whom a criminal records check is required by section 173.41,	961
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	962
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	963
5153.111 of the Revised Code. Any person for whom a records check	964
is required by any of those sections shall obtain the fingerprint	965
impressions at a county sheriff's office, municipal police	966
department, or any other entity with the ability to make	967
fingerprint impressions on the standard impression sheets	968
prescribed by the superintendent. The office, department, or	969
entity may charge the person a reasonable fee for making the	970
impressions. The standard impression sheets the superintendent	971
prescribes pursuant to this division may be in a tangible format,	972
in an electronic format, or in both tangible and electronic	973
formats.	974

(3) Subject to division (D) of this section, the	975
superintendent shall prescribe and charge a reasonable fee for	976
providing a criminal records check requested under section 173.41,	977
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	978
3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or	979
5153.111 of the Revised Code. The person making a criminal records	980
request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	981
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	982
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	983
pay the fee prescribed pursuant to this division. A person making	984
a request under section 3701.881 of the Revised Code for a	985
criminal records check for an applicant who may be both	986
responsible for the care, custody, or control of a child and	987
involved in providing direct care to an older adult shall pay one	988
fee for the request.	989

(4) The superintendent of the bureau of criminal	990
identification and investigation may prescribe methods of	991
forwarding fingerprint impressions and information necessary to	992
conduct a criminal records check, which methods shall include, but	993
not be limited to, an electronic method.	994

(D) A determination whether any information exists that	995
indicates that a person previously has been convicted of or	996
pleaded guilty to any offense listed or described in division	997
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	998
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this section	999
that is made by the superintendent with respect to information	1000
considered in a criminal records check in accordance with this	1001
section is valid for the person who is the subject of the criminal	1002
records check for a period of one year from the date upon which	1003
the superintendent makes the determination. During the period in	1004
which the determination in regard to a person is valid, if another	1005
request under this section is made for a criminal records check	1006
for that person, the superintendent shall provide the information	1007
that is the basis for the superintendent's initial determination	1008
at a lower fee than the fee prescribed for the initial criminal	1009
records check.	1010

(E) As used in this section:

1011

(1) "Criminal records check" means any criminal records check	1012
conducted by the superintendent of the bureau of criminal	1013
identification and investigation in accordance with division (B)	1014
of this section.	1015

(2) "Minor drug possession offense" has the same meaning as	1016
in section 2925.01 of the Revised Code.	1017

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

1018

Section 2. That existing sections 109.57 and 109.572 of the	1019
Revised Code are hereby repealed.	1020

Section 3.  Section 109.572 of the Revised Code is presented	1021
in this act as a composite of the section as amended by both Sub.	1022
H.B. 448 and Sub. H.B. 538 of the 123rd General Assembly. The	1023
General Assembly, applying the principle stated in division (B) of	1024
section 1.52 of the Revised Code that amendments are to be	1025
harmonized if reasonably capable of simultaneous operation, finds	1026
that the composite is the resulting version of the section in	1027
effect prior to the effective date of the section as presented in	1028
this act.	1029