CHAPTER 3. CRIMINAL HISTORY INFORMATION
IC 10-13-3
Chapter 3. Criminal History Information
IC 10-13-3-1
"Bias crime"
Sec. 1. As used in this chapter, "bias crime" means an offense in
which the person who commits the offense knowingly or
intentionally:
(1) selected the person who was injured; or
(2) damaged or otherwise affected property;
by the offense because of the color, creed, disability, national origin,
race, religion, or sexual orientation of the injured person or of the
owner or occupant of the affected property or because the injured
person or owner or occupant of the affected property was associated
with any other recognizable group or affiliation.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-2
"Care"
Sec. 2. As used in this chapter, "care" means the provision of care,
treatment, education, training, instruction, supervision, or recreation
to children less than eighteen (18) years of age.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-2.5
"Caseworker"
Sec. 2.5. As used in this chapter, "caseworker" has the meaning
set forth in IC 31-9-2-11.
As added by P.L.146-2006, SEC.1.
IC 10-13-3-3
"Certificated employee"
Sec. 3. As used in this chapter, "certificated employee" has the
meaning set forth in IC 20-29-2-4.
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.113.
IC 10-13-3-4
"Council"
Sec. 4. As used in this chapter, "council" means the security and
privacy council established by section 34 of this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-5
"Criminal history data"
Sec. 5. (a) As used in this chapter, "criminal history data" means
information collected by criminal justice agencies, the United States
Department of Justice for the department's information system, or
individuals.
(b) The term consists of the following:
(1) Identifiable descriptions and notations of arrests,
indictments, informations, or other formal criminal charges.
(2) Information, including a photograph, regarding a sex or
violent offender (as defined in IC 11-8-8-5) obtained through
sex or violent offender registration under IC 11-8-8.
(3) Any disposition, including sentencing, and correctional
system intake, transfer, and release.
(4) A photograph of the person who is the subject of the
information described in subdivisions (1) through (3).
(c) The term includes fingerprint information described in section
24(f) of this chapter.
As added by P.L.2-2003, SEC.4. Amended by P.L.20-2006, SEC.1;
P.L.140-2006, SEC.4 and P.L.173-2006, SEC.4; P.L.1-2007,
SEC.96; P.L.216-2007, SEC.3.
IC 10-13-3-6
"Criminal justice agency"
Sec. 6. (a) As used in this chapter, "criminal justice agency"
means any agency or department of any level of government whose
principal function is:
(1) the apprehension, prosecution, adjudication, incarceration,
probation, rehabilitation, or representation of criminal
offenders;
(2) the location of parents with child support obligations under
42 U.S.C. 653;
(3) the licensing and regulating of riverboat gambling
operations; or
(4) the licensing and regulating of pari-mutuel horse racing
operations.
(b) The term includes the following:
(1) The office of the attorney general.
(2) The Medicaid fraud control unit, for the purpose of
investigating offenses involving Medicaid.
(3) A nongovernmental entity that performs as its principal
function the:
(A) apprehension, prosecution, adjudication, incarceration,
or rehabilitation of criminal offenders;
(B) location of parents with child support obligations under
42 U.S.C. 653;
(C) licensing and regulating of riverboat gambling
operations; or
(D) licensing and regulating of pari-mutuel horse racing
operations;
under a contract with an agency or department of any level of
government.
As added by P.L.2-2003, SEC.4. Amended by P.L.70-2004, SEC.1;
P.L.234-2005, SEC.6.
IC 10-13-3-7
"Disposition"
Sec. 7. As used in this chapter, "disposition" means information
disclosing that criminal proceedings have been concluded or
indefinitely postponed.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-7.5
"Emergency placement"
Sec. 7.5. (a) As used in this chapter, "emergency placement"
means an emergency out-of-home placement of a child by:
(1) the department of child services established by
IC 31-25-1-1;
(2) a law enforcement officer;
(3) a caseworker;
(4) a juvenile probation officer; or
(5) a court;
as a result of exigent circumstances that require immediate placement
with a person other than the child's parent, guardian, or custodian.
(b) The term includes any out-of-home placement for temporary
care and custody of a child at or after the time of initial removal or
transfer of custody of the child from the child's parent, guardian, or
custodian, as authorized under any of the following:
(1) IC 31-34-2.
(2) IC 31-34-2.5.
(3) IC 31-34-4.
(4) IC 31-34-5.
(5) IC 31-37-4.
(6) IC 31-37-5.
(7) IC 31-37-6.
(c) The term does not include any proposed or actual change in
location of the child's placement for continuing care and custody
after the court has entered an order at the time of or following a
detention hearing required under IC 31-34-5 or IC 31-37-6, unless a
court or an agency responsible for the child's care and supervision
determines that an immediate change in placement is necessary to
protect the health or safety of the child.
(d) The term does not include placement to an entity or in a
facility that is not a residence (as defined in IC 3-5-2-42.5) or that is
licensed by the state.
As added by P.L.234-2005, SEC.7. Amended by P.L.145-2006,
SEC.26; P.L.146-2006, SEC.2.
IC 10-13-3-8
"Inspection"
Sec. 8. As used in this chapter, "inspection" means visual perusal
and includes the right to make memoranda abstracts of the
information.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-9
"Institute"
Sec. 9. As used in this chapter, "institute" means the Indiana
criminal justice institute established by IC 5-2-6-3.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-10
"Law enforcement agency"
Sec. 10. (a) As used in this chapter, "law enforcement agency"
means an agency or a department of any level of government whose
principal function is the apprehension of criminal offenders.
(b) The term includes:
(1) the office of the attorney general; and
(2) the office of the inspector general.
As added by P.L.2-2003, SEC.4. Amended by P.L.222-2005, SEC.29.
IC 10-13-3-11
"Limited criminal history"
Sec. 11. (a) As used in this chapter, "limited criminal history"
means information with respect to any arrest or criminal charge,
which must include:
(1) a disposition; and
(2) a photograph of the person who is the subject of the limited
criminal history, if a photograph is available.
(b) However, the term includes information about any arrest or
criminal charge that occurred less than one (1) year before the date
of a request even if no disposition has been entered.
As added by P.L.2-2003, SEC.4. Amended by P.L.20-2006, SEC.2.
IC 10-13-3-12
"National criminal history background check"
Sec. 12. As used in this chapter, "national criminal history
background check" means the criminal history record system
maintained by the Federal Bureau of Investigation based on
fingerprint identification or any other method of positive
identification.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-12.5
"National name based criminal history record check"
Sec. 12.5. As used in this chapter, "national name based criminal
history record check" means a query of the Interstate Identification
Index data base maintained by the Federal Bureau of Investigation
that:
(1) is conducted using the subject's name; and
(2) does not use fingerprint identification or another method of
positive identification.
As added by P.L.234-2005, SEC.8.
IC 10-13-3-13
"No contact order"
Sec. 13. As used in this chapter, "no contact order" means an
order that prohibits a person from having direct or indirect contact
with another person and that is issued under any of the following:
(1) IC 31-32-13.
(2) IC 31-34-20.
(3) IC 31-37-19-1.
(4) IC 31-37-19-6.
(5) IC 33-39-1-8.
(6) IC 35-33-8-3.2.
(7) IC 35-38-2-2.3.
As added by P.L.2-2003, SEC.4. Amended by P.L.98-2004, SEC.80;
P.L.1-2010, SEC.53.
IC 10-13-3-14
"Noncertificated employee"
Sec. 14. As used in this chapter, "noncertificated employee" has
the meaning set forth in IC 20-29-2-11.
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.114.
IC 10-13-3-15
"Protective order"
Sec. 15. (a) As used in this chapter, "protective order" has the
meaning set forth in IC 5-2-9-2.1.
(b) The term includes a foreign protection order (as defined in
IC 34-6-2-48.5).
As added by P.L.2-2003, SEC.4.
IC 10-13-3-16
"Qualified entity"
Sec. 16. (a) As used in this chapter, "qualified entity" means a
business or an organization, whether public, private, for-profit,
nonprofit, or voluntary, that provides care or care placement services.
(b) The term includes the following:
(1) A business or an organization that licenses or certifies others
to provide care or care placement services.
(2) A home health agency licensed under IC 16-27-1.
(3) A personal services agency licensed under IC 16-27-4.
As added by P.L.2-2003, SEC.4. Amended by P.L.197-2007, SEC.1.
IC 10-13-3-17
"Release"
Sec. 17. As used in this chapter, "release" means furnishing a
copy or an edited copy of criminal history data.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-18
"Reportable offenses"
Sec. 18. As used in this chapter, "reportable offenses" means all
felonies and those misdemeanors the superintendent designates.
As added by P.L.2-2003, SEC.4. Amended by P.L.156-2003, SEC.4.
IC 10-13-3-19
"Request"
Sec. 19. As used in this chapter, "request" means asking for
release or inspection of a limited criminal history by noncriminal
justice organizations or individuals in a manner that:
(1) reasonably ensures the identification of the subject of the
inquiry; and
(2) contains a statement of the purpose for which the
information is requested.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-20
"School corporation"
Sec. 20. As used in this chapter, "school corporation" has the
meaning set forth in IC 20-18-2-16.
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.115.
IC 10-13-3-21
"Special education cooperative"
Sec. 21. As used in this chapter, "special education cooperative"
has the meaning set forth in IC 20-35-5-1(7).
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.116;
P.L.231-2005, SEC.4; P.L.1-2006, SEC.170.
IC 10-13-3-22
"Unidentified person"
Sec. 22. As used in this chapter, "unidentified person" means a
deceased or mentally incapacitated person whose identity is
unknown.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-23
"Workplace violence restraining order"
Sec. 23. As used in this chapter, "workplace violence restraining
order" means an order issued under IC 34-26-6.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-24
State central repository; report of arrests; fingerprints
Sec. 24. (a) The department shall act as the official state central
repository for criminal history data.
(b) A sheriff, police department, or criminal justice agency in
Indiana shall report to the department, on forms provided by the
department, all arrests for reportable offenses.
(c) Except as provided in subsection (e), at the time a sheriff,
police department, or criminal justice agency makes the report
described in subsection (b), the sheriff, police department, or
criminal justice agency shall transmit a photograph of the person
who is the subject of the report to the department.
(d) The department may adopt guidelines concerning the:
(1) form; and
(2) manner of transmission (including electronic transmission);
of a photograph described in subsection (c). If the department adopts
guidelines under this subsection, the sheriff, police department, or
criminal justice agency required to transmit a photograph under
subsection (c) shall transmit the photograph in accordance with the
guidelines adopted by the department.
(e) Notwithstanding subsections (c) and (d):
(1) the department is not required to process; and
(2) a sheriff, police department, or criminal justice agency is not
required to submit;
a photograph under this section unless the department has sufficient
funding available to process photographs submitted under this
section.
(f) The department of correction may report to the department:
(1) fingerprints recorded by the department of correction in any
reliable manner, including the use of a digital fingerprinting
device, when a person convicted of an offense is received by the
department of correction; and
(2) an abstract of judgment received by the department of
correction that relates to the fingerprints described in
subdivision (1).
As added by P.L.2-2003, SEC.4. Amended by P.L.20-2006, SEC.3;
P.L.216-2007, SEC.4.
IC 10-13-3-25
Disposition reports
Sec. 25. (a) If a person whose arrest has been reported as required
by section 24 of this chapter is:
(1) transferred to the custody of another criminal justice
agency; or
(2) released without having an indictment or information filed
with any court;
a disposition report shall be furnished to the department by the
agency from whose custody the person has been transferred or
released. Disposition reports shall be made on forms provided by the
department.
(b) If an indictment or information is filed in a court, the clerk of
the court shall furnish to the department, on forms provided by the
department, a report of the disposition of the case.
(c) A disposition report, whether by a criminal justice agency or
a court clerk, shall be sent to the department within thirty (30) days
after the disposition.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-26
Release of data to criminal justice agencies
Sec. 26. (a) A criminal justice agency:
(1) shall provide criminal history data to another criminal
justice agency upon request; and
(2) may receive criminal history data from another criminal
justice agency.
(b) If the request is made by an agency doing a presentence
investigation, the information shall be transmitted not later than
seven (7) days after the date that the request is received.
(c) The department shall provide criminal history data to a
criminal justice agency making a request if the council determines
that the agency has complied with this chapter.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-27
Release of data to noncriminal justice organization or to
individuals; national crime information center data restricted;
penalties
Sec. 27. (a) Except as provided in subsection (b), on request, a
law enforcement agency shall release a limited criminal history to or
allow inspection of a limited criminal history by noncriminal justice
organizations or individuals only if the subject of the request:
(1) has applied for employment with a noncriminal justice
organization or individual;
(2) has applied for a license and has provided criminal history
data as required by law to be provided in connection with the
license;
(3) is a candidate for public office or a public official;
(4) is in the process of being apprehended by a law enforcement
agency;
(5) is placed under arrest for the alleged commission of a crime;
(6) has charged that the subject's rights have been abused
repeatedly by criminal justice agencies;
(7) is the subject of a judicial decision or determination with
respect to the setting of bond, plea bargaining, sentencing, or
probation;
(8) has volunteered services that involve contact with, care of,
or supervision over a child who is being placed, matched, or
monitored by a social services agency or a nonprofit
corporation;
(9) is currently residing in a location designated by the
department of child services (established by IC 31-25-1-1) or by
a juvenile court as the out-of-home placement for a child at the
time the child will reside in the location;
(10) has volunteered services at a public school (as defined in
IC 20-18-2-15) or nonpublic school (as defined in
IC 20-18-2-12) that involve contact with, care of, or supervision
over a student enrolled in the school;
(11) is being investigated for welfare fraud by an investigator
of the division of family resources or a county office of the
division of family resources;
(12) is being sought by the parent locator service of the child
support bureau of the department of child services;
(13) is or was required to register as a sex or violent offender
under IC 11-8-8; or
(14) has been convicted of any of the following:
(A) Rape (IC 35-42-4-1), if the victim is less than eighteen
(18) years of age.
(B) Criminal deviate conduct (IC 35-42-4-2), if the victim is
less than eighteen (18) years of age.
(C) Child molesting (IC 35-42-4-3).
(D) Child exploitation (IC 35-42-4-4(b)).
(E) Possession of child pornography (IC 35-42-4-4(c)).
(F) Vicarious sexual gratification (IC 35-42-4-5).
(G) Child solicitation (IC 35-42-4-6).
(H) Child seduction (IC 35-42-4-7).
(I) Sexual misconduct with a minor as a felony (IC
35-42-4-9).
(J) Incest (IC 35-46-1-3), if the victim is less than eighteen
(18) years of age.
However, limited criminal history information obtained from the
National Crime Information Center may not be released under this
section except to the extent permitted by the Attorney General of the
United States.
(b) A law enforcement agency shall allow inspection of a limited
criminal history by and release a limited criminal history to the
following noncriminal justice organizations:
(1) Federally chartered or insured banking institutions.
(2) Officials of state and local government for any of the
following purposes:
(A) Employment with a state or local governmental entity.
(B) Licensing.
(3) Segments of the securities industry identified under 15
U.S.C. 78q(f)(2).
(c) Any person who knowingly or intentionally uses limited
criminal history for any purpose not specified under this section
commits a Class A misdemeanor.
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.117;
P.L.234-2005, SEC.9; P.L.1-2006, SEC.171; P.L.145-2006, SEC.27;
P.L.140-2006, SEC.5 and P.L.173-2006, SEC.5; P.L.1-2007,
SEC.97; P.L.216-2007, SEC.5; P.L.146-2008, SEC.368;
P.L.44-2009, SEC.4.
IC 10-13-3-27.5
Record check by department of child services under exigent
circumstances; transmittal of report copy; providing fingerprints;
removal of child for failure to provide fingerprints; compliance
with federal law; contesting denial of placement; fee
Sec. 27.5. (a) If:
(1) exigent circumstances require the emergency placement of
a child; and
(2) the department will be unable to obtain criminal history
information from the Interstate Identification Index before the
emergency placement is scheduled to occur;
upon request of the department of child services established by
IC 31-25-1-1, a caseworker, or a juvenile probation officer, the
department may conduct a national name based criminal history
record check of each individual who is at least eighteen (18) years of
age and who is currently residing in the location designated as the
out-of-home placement at the time the child will reside in the
location. The department shall promptly transmit a copy of the report
it receives from the Interstate Identification Index to the agency or
person that submitted a request under this section.
(b) Not later than seventy-two (72) hours after the department of
child services, the caseworker, or the juvenile probation officer
receives the results of the national name based criminal history
record check, the department of child services, the caseworker, or the
juvenile probation officer shall provide the department with a
complete set of fingerprints for each individual who is at least
eighteen (18) years of age and who is currently residing in the
location designated as the out-of-home placement at the time the
child will be placed in the location. The department shall:
(1) use fingerprint identification to positively identify each
individual whose fingerprints are provided to the department
under this subsection; or
(2) submit the fingerprints to the Federal Bureau of
Investigation not later than fifteen (15) calendar days after the
date on which the national name based criminal history record
check was conducted.
The child shall be removed from the location designated as the
out-of-home placement if an individual who is at least eighteen (18)
years of age and who is currently residing in the location designated
as the out-of-home placement at the time the child will reside in the
location fails to provide a complete set of fingerprints to the
department of child services, the caseworker, or the juvenile
probation officer.
(c) The department and the person or agency that provided
fingerprints shall comply with all requirements of 42 U.S.C. 5119a
and any other applicable federal law or regulation regarding:
(1) notification to the subject of the check; and
(2) the use of the results obtained based on the check of the
person's fingerprints.
(d) If an out-of-home placement is denied as the result of a
national name based criminal history record check, an individual who
is the subject of the name based criminal history record check may
contest the denial by submitting to the department of child services,
the caseworker, or the juvenile probation officer:
(1) a complete set of the individual's fingerprints; and
(2) written authorization permitting the department of child
services, the caseworker, or the juvenile probation officer to
forward the fingerprints to the department for submission to the
Federal Bureau of Investigation;
not later than five (5) days after the out-of-home placement is denied.
(e) The:
(1) department; and
(2) Federal Bureau of Investigation;
may charge a reasonable fee for processing a national name based
criminal history record check. The department shall adopt rules
under IC 4-22-2 to establish a reasonable fee for processing a
national name based criminal history record check and for collecting
fees owed under this subsection.
(f) The:
(1) department of child services, for an out-of-home placement
arranged by a caseworker or the department of child services;
or
(2) juvenile court, for an out-of-home placement ordered by the
juvenile court;
shall pay the fee described in subsection (e), arrange for
fingerprinting, and pay the costs of fingerprinting, if any.
As added by P.L.234-2005, SEC.10. Amended by P.L.145-2006,
SEC.28; P.L.146-2006, SEC.3; P.L.138-2007, SEC.1.
IC 10-13-3-28
Limited criminal history check on request of an individual seeking
employment
Sec. 28. On request of an individual who has applied for
employment with a noncriminal justice organization or individual,
the Indiana central repository for criminal history information shall
process a request for a limited criminal history check of the
individual making the request from the Federal Bureau of
Investigation's National Crime Information Center upon:
(1) the submission of fingerprints of the individual making the
request; and
(2) the payment of a fifteen dollar ($15) fee.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-29
Use by noncriminal justice organizations or individuals restricted
Sec. 29. A noncriminal justice organization or individual that
receives a limited criminal history may not use it for purposes:
(1) other than those stated in the request; or
(2) that deny the subject any civil right to which the subject is
entitled.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-30
Request for limited criminal history; duties of law enforcement
agency and department
Sec. 30. (a) Except as provided in subsection (c), on request for
release or inspection of a limited criminal history, law enforcement
agencies may, if the agency has complied with the reporting
requirements in section 24 of this chapter, and the department shall
do the following:
(1) Require a form, provided by law enforcement agencies and
the department, to be completed. The form shall be maintained
for two (2) years and shall be available to the record subject
upon request.
(2) Collect a three dollar ($3) fee to defray the cost of
processing a request for inspection.
(3) Collect a seven dollar ($7) fee to defray the cost of
processing a request for release. However, law enforcement
agencies and the department may not charge the fee for requests
received from the parent locator service of the child support
bureau of the department of child services.
(b) Law enforcement agencies and the department shall edit
information so that the only information released or inspected is
information that:
(1) has been requested; and
(2) is limited criminal history information.
(c) The fee required under subsection (a) shall be waived if the
request relates to the registration of sex or violent offenders under
IC 11-8-8 or the Indiana sex and violent offender registry under
IC 36-2-13-5.5 or concerns a person required to register as a sex or
violent offender under IC 11-8-8.
As added by P.L.2-2003, SEC.4. Amended by P.L.156-2003, SEC.5;
P.L.145-2006, SEC.29; P.L.140-2006, SEC.6 and P.L.173-2006,
SEC.6; P.L.216-2007, SEC.6.
IC 10-13-3-31
Release of data to subject person; fee; challenge of data authorized
Sec. 31. (a) Unless otherwise prohibited by law, a criminal justice
agency that maintains criminal history data, upon request and proper
identification of the person about whom criminal history data is
maintained, shall provide that person with a copy of the person's
criminal history data for a reasonable fee.
(b) Any person may challenge the information contained in the
person's criminal history data file.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-32
Application of chapter
Sec. 32. This chapter is not applicable to and does not prevent the
release or inspection of information contained in the following:
(1) Wanted person posters or announcements.
(2) An original record of entry, including a police blotter,
maintained by a criminal justice agency.
(3) Published court or administrative opinions or records of
public judicial, administrative, or legislative proceedings.
(4) Records of traffic offenses maintained by the bureau of
motor vehicles.
(5) Announcements of pardon or executive clemency.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-33
Rules; challenge of data procedure
Sec. 33. (a) The council shall adopt rules under IC 4-22-2 to:
(1) assure the completeness and accuracy of criminal history
data;
(2) protect information from loss, alteration, destruction, or
improper direct access to the information files;
(3) prevent unreasonable interference with the regular discharge
of the duties of employees of law enforcement agencies; and
(4) carry out this chapter.
(b) If a person makes a challenge under section 31(b) of this
chapter, the department shall:
(1) make the changes requested, if it determines the data is in
error; or
(2) conduct a hearing under IC 4-21.5-3, if requested by the
person making the challenge.
(c) The rules adopted under this chapter must provide for
inspection in a reasonable and timely manner.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-34
Security and privacy council; establishment; members
Sec. 34. (a) There is established a security and privacy council
that consists of nine (9) members selected under subsections (b) and
(c).
(b) The following six (6) members shall be appointed by and shall
serve at the pleasure of the governor:
(1) A prosecuting attorney.
(2) The police chief of a city.
(3) The sheriff of a county.
(4) A criminal court judge.
(5) Two (2) citizens who are not law enforcement officers.
(c) The following persons, or their designees, also are members
of the council:
(1) The superintendent.
(2) The attorney general.
(3) The commissioner of the department of correction.
(d) Members of the council are not entitled to receive
compensation but are entitled to receive a per diem and mileage on
those days in which they are engaged in the business of the council.
Per diem and mileage paid shall be that amount paid to state
employees.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-35
Indiana data and communication system; national crime
information center's missing, wanted, and unidentified person files;
entry or deletion of information
Sec. 35. (a) On a daily basis, all law enforcement agencies shall
enter into the Indiana data and communication system (IDACS)
computer the following:
(1) All information concerning stolen or recovered property,
including the following:
(A) Motor vehicles.
(B) Firearms.
(C) Securities.
(D) Boats.
(E) License plates.
(F) Other stolen or recovered property.
(2) All information concerning fugitives charged with a crime,
including information concerning extradition.
(3) All information concerning runaways, missing and
unidentified persons, and missing children (as defined in
IC 10-13-5-4), including information concerning the release of
those persons to the custody of a parent or guardian.
(4) Information contained in a protective order, including any
modifications or extensions issued by a court and filed with a
law enforcement agency as required in IC 5-2-9-6(f).
(b) On a daily basis, all law enforcement agencies shall do the
following:
(1) Enter all information concerning missing children (as
defined in IC 10-13-5-4) into the National Crime Information
Center's Missing Person File.
(2) Enter all information concerning warrants issued for a
person who allegedly abducted or unlawfully retained a missing
child into the National Crime Information Center's Wanted
Person File.
(3) Enter all information concerning unidentified persons into
the National Crime Information Center's Unidentified Person
File.
(4) Enter all information concerning a protective order, a
workplace violence restraining order, or a no contact order
involving intimate partners into the National Crime Information
Center's (NCIC) Protection Order File if the order qualifies
under NCIC rules.
(c) If a protective order, a no contact order, or a workplace
violence restraining order is removed from a depository established
under IC 5-2-9, the law enforcement agency responsible for the
depository shall delete the information entered under subsection
(a)(4) from the Indiana data and communication system (IDACS)
computer.
As added by P.L.2-2003, SEC.4.
IC 10-13-3-36
Fees; nonprofit organizations; family and children division; family
and children offices; health professions bureau; educational
institutions
Sec. 36. (a) The department may not charge a fee for responding
to a request for the release of a limited criminal history record if the
request is made by a nonprofit organization:
(1) that has been in existence for at least ten (10) years; and
(2) that:
(A) has a primary purpose of providing an individual
relationship for a child with an adult volunteer if the request
is made as part of a background investigation of a
prospective adult volunteer for the organization;
(B) is a home health agency licensed under IC 16-27-1;
(C) is a community mental retardation and other
developmental disabilities center (as defined in
IC 12-7-2-39);
(D) is a supervised group living facility licensed under
IC 12-28-5;
(E) is an area agency on aging designated under IC 12-10-1;
(F) is a community action agency (as defined in
IC 12-14-23-2);
(G) is the owner or operator of a hospice program licensed
under IC 16-25-3; or
(H) is a community mental health center (as defined in
IC 12-7-2-38).
(b) Except as provided in subsection (d), the department may not
charge a fee for responding to a request for the release of a limited
criminal history record made by the department of child services or
the division of family resources if the request is made as part of a
background investigation of an applicant for a license under
IC 12-17.2 or IC 31-27.
(c) The department may not charge a fee for responding to a
request for the release of a limited criminal history if the request is
made by a school corporation, special education cooperative, or
nonpublic school (as defined in IC 20-18-2-12) as part of a
background investigation of a prospective or current employee or a
prospective or current adult volunteer for the school corporation,
special education cooperative, or nonpublic school.
(d) As used in this subsection, "state agency" means an authority,
a board, a branch, a commission, a committee, a department, a
division, or another instrumentality of state government, including
the executive and judicial branches of state government, the principal
secretary of the senate, the principal clerk of the house of
representatives, the executive director of the legislative services
agency, a state elected official's office, or a body corporate and
politic, but does not include a state educational institution. The
department may not charge a fee for responding to a request for the
release of a limited criminal history if the request is made:
(1) by a state agency; and
(2) through the computer gateway that is administered by the
office of technology established by IC 4-13.1-2-1.
(e) The department may not charge a fee for responding to a
request for the release of a limited criminal history record made by
the Indiana professional licensing agency established by IC 25-1-5-3
if the request is:
(1) made through the computer gateway that is administered by
the office of technology; and
(2) part of a background investigation of a practitioner or an
individual who has applied for a license issued by a board (as
defined in IC 25-1-9-1).
(f) The department may not charge a church or religious society
a fee for responding to a request for the release of a limited criminal
history record if:
(1) the church or religious society is a religious organization
exempt from federal income taxation under Section 501 of the
Internal Revenue Code;
(2) the request is made as part of a background investigation of
a prospective or current employee or a prospective or current
adult volunteer; and
(3) the employee or volunteer works in a nonprofit program or
ministry of the church or religious society, including a child
care ministry registered under IC 12-17.2-6.
(g) The department may not charge the school of education of a
public or private postsecondary educational institution a fee for
responding to a request for the release of a limited criminal history
record if the request is made as part of a background investigation of
a student before or after the student begins the student's field or
classroom experience. However, the department may charge the
student a fee for responding to a request for the release of a limited
criminal history record.
As added by P.L.2-2003, SEC.4. Amended by P.L.138-2003, SEC.2;
P.L.158-2003, SEC.1; P.L.261-2003, SEC.12; P.L.97-2004, SEC.42;
P.L.1-2005, SEC.118; P.L.177-2005, SEC.30; P.L.1-2006, SEC.172;
P.L.145-2006, SEC.30; P.L.142-2006, SEC.1; P.L.2-2007, SEC.147;
P.L.121-2009, SEC.2.
IC 10-13-3-37
Use of fingerprints submitted with certain licensure applications
Sec. 37. (a) Under Public Law 92-544 (86 Stat. 1115), a local law
enforcement agency may use fingerprints submitted for the purpose
of identification in a request related to the following:
(1) A taxicab driver's license application.
(2) Reinstatement or renewal of a taxicab driver's license.
(b) An applicant shall submit the fingerprints on forms provided
for the license application.
(c) The local law enforcement agency shall charge each applicant
the fees set by the department and federal authorities to defray the
costs associated with a search for and classification of the applicant's
fingerprints.
(d) The local law enforcement agency may:
(1) forward for processing to the Federal Bureau of
Investigation or any other agency fingerprints submitted by a
license applicant; and
(2) receive the results of all fingerprint investigations.
As added by P.L.2-2003, SEC.4. Amended by P.L.200-2007, SEC.1.
IC 10-13-3-38
Collection of bias crime information; reports
Sec. 38. (a) A law enforcement agency shall collect information
concerning bias crimes.
(b) At least two (2) times each year, a law enforcement agency
shall submit information collected under subsection (a) to the Indiana
central repository for criminal history information. Information shall
be reported in the manner and form prescribed by the department.
(c) At least one (1) time each year, the Indiana central repository
for criminal history information shall submit a report that includes a
compilation of information obtained under subsection (b) to each law
enforcement agency and to the legislative council. A report submitted
to a law enforcement agency and the legislative council under this
subsection may not contain the name of a person who:
(1) committed or allegedly committed a bias crime; or
(2) was the victim or the alleged victim of a bias crime.
A report submitted to the legislative council under this subsection
must be in an electronic format under IC 5-14-6.
(d) Except as provided in subsection (e), information collected,
submitted, and reported under this section must be consistent with
guidelines established for the acquisition, preservation, and exchange
of identification records and information by:
(1) the Attorney General of the United States; or
(2) the Federal Bureau of Investigation;
under 28 U.S.C. 534 and the Hate Crime Statistics Act, as amended
(28 U.S.C. 534 note).
(e) Information submitted under subsection (b) and reports issued
under subsection (c) shall, in conformity with guidelines prescribed
by the department:
(1) be separated in reports on the basis of whether it is an
alleged crime, a charged crime, or a crime for which a
conviction has been obtained; and
(2) be divided in reports on the basis of whether, in the opinion
of the reporting individual and the data collectors, bias was the
primary motivation for the crime or only incidental to the crime.
As added by P.L.2-2003, SEC.4. Amended by P.L.28-2004, SEC.79.
IC 10-13-3-38.5
Use of fingerprints for employment or license
Sec. 38.5. (a) Under federal P.L.92-544 (86 Stat. 1115), the
department may use an individual's fingerprints submitted by the
individual for the following purposes:
(1) Determining the individual's suitability for employment with
the state, or as an employee of a contractor of the state, in a
position:
(A) that has a job description that includes contact with, care
of, or supervision over a person less than eighteen (18) years
of age;
(B) that has a job description that includes contact with, care
of, or supervision over an endangered adult (as defined in
IC 12-10-3-2), except the individual is not required to meet
the standard for harmed or threatened with harm set forth in
IC 12-10-3-2(a)(3);
(C) at a state institution managed by the office of the
secretary of family and social services or state department of
health;
(D) at the Indiana School for the Deaf established by
IC 20-22-2-1;
(E) at the Indiana School for the Blind and Visually
Impaired established by IC 20-21-2-1;
(F) at a juvenile detention facility;
(G) with the Indiana gaming commission under
IC 4-33-3-16;
(H) with the department of financial institutions under
IC 28-11-2-3; or
(I) that has a job description that includes access to or
supervision over state financial or personnel data, including
state warrants, banking codes, or payroll information
pertaining to state employees.
(2) Identification in a request related to an application for a
teacher's license submitted to the department of education
established by IC 20-19-3-1.
(3) Use by the gaming commission established under
IC 4-33-3-1 for licensure of a promoter (as defined in
IC 4-33-22-6) under IC 4-33-22.
(4) Use by the Indiana board of pharmacy in determining the
individual's suitability for a position or employment with a
wholesale drug distributor, as specified in IC 25-26-14-16(b),
IC 25-26-14-16.5(b), IC 25-26-14-17.8(c), and IC 25-26-14-20.
An applicant shall submit the fingerprints in an appropriate format
or on forms provided for the employment or license application. The
department shall charge each applicant the fee established under
section 28 of this chapter and by federal authorities to defray the
costs associated with a search for and classification of the applicant's
fingerprints. The department may forward fingerprints submitted by
an applicant to the Federal Bureau of Investigation or any other
agency for processing. The state personnel department or the agency
to which the applicant is applying for employment or a license may
receive the results of all fingerprint investigations.
(b) An applicant who is an employee of the state may not be
charged under subsection (a).
(c) Subsection (a)(1) does not apply to an employee of a
contractor of the state if the contract involves the construction or
repair of a capital project or other public works project of the state.
As added by P.L.261-2003, SEC.13. Amended by P.L.1-2005,
SEC.119; P.L.120-2005, SEC.1; P.L.212-2005, SEC.1;
P.L.218-2005, SEC.4; P.L.246-2005, SEC.90; P.L.1-2006, SEC.173;
P.L.160-2009, SEC.2; P.L.113-2010, SEC.71.
IC 10-13-3-39
Department designated authorized agency for national criminal
history background check; request for background check by
qualified entity; exchange of identification records; results
provided to public agency
Sec. 39. (a) The department is designated as the authorized agency
to receive requests for, process, and disseminate the results of
national criminal history background checks that comply with this
section and 42 U.S.C. 5119a.
(b) A qualified entity may contact the department to request a
national criminal history background check on any of the following
persons:
(1) A person who seeks to be or is employed with the qualified
entity. A request under this subdivision must be made not later
than three (3) months after the person is initially employed by
the qualified entity.
(2) A person who seeks to volunteer or is a volunteer with the
qualified entity. A request under this subdivision must be made
not later than three (3) months after the person initially
volunteers with the qualified entity.
(3) A person for whom a national criminal history background
check is required under any law relating to the licensing of a
home, center, or other facility for purposes of day care or
residential care of children.
(4) A person for whom a national criminal history background
check is required for purposes of placement of a child in a
foster family home, a prospective adoptive home, or the home
of a relative or other caretaker, or for purposes of a report
concerning an adoption as required by IC 31-19-8.
(c) A qualified entity must submit a request under subsection (b)
in the form required by the department and provide a set of the
person's fingerprints and any required fees with the request.
(d) If a qualified entity makes a request in conformity with
subsection (b), the department shall submit the set of fingerprints
provided with the request to the Federal Bureau of Investigation for
a national criminal history background check. The department shall
respond to the request in conformity with:
(1) the requirements of 42 U.S.C. 5119a; and
(2) the regulations prescribed by the Attorney General of the
United States under 42 U.S.C. 5119a.
(e) Subsection (f):
(1) applies to a qualified entity that:
(A) is not a school corporation or a special education
cooperative; or
(B) is a school corporation or a special education
cooperative and seeks a national criminal history background
check for a volunteer; and
(2) does not apply to a qualified entity that is a:
(A) home health agency licensed under IC 16-27-1; or
(B) personal services agency licensed under IC 16-27-4.
(f) After receiving the results of a national criminal history
background check from the Federal Bureau of Investigation, the
department shall make a determination whether the person who is the
subject of a request has been convicted of:
(1) an offense described in IC 20-26-5-11;
(2) in the case of a foster family home, an offense described in
IC 31-27-4-13(a);
(3) in the case of a prospective adoptive home, an offense
described in IC 31-19-11-1(c);
(4) any other felony; or
(5) any misdemeanor;
and convey the determination to the requesting qualified entity.
(g) This subsection applies to a qualified entity that:
(1) is a school corporation or a special education cooperative;
and
(2) seeks a national criminal history background check to
determine whether to employ or continue the employment of a
certificated employee or a noncertificated employee of a school
corporation or an equivalent position with a special education
cooperative.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department may
exchange identification records concerning convictions for offenses
described in IC 20-26-5-11 with the school corporation or special
education cooperative solely for purposes of making an employment
determination. The exchange may be made only for the official use
of the officials with authority to make the employment
determination. The exchange is subject to the restrictions on
dissemination imposed under P.L.92-544, (86 Stat. 1115) (1972).
(h) This subsection applies to a qualified entity (as defined in
IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1).
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department shall
provide a copy to the public agency. Except as permitted by federal
law, the public agency may not share the information contained in
the national criminal history background check with a private
agency.
(i) This subsection applies to a qualified entity that is a:
(1) home health agency licensed under IC 16-27-1; or
(2) personal services agency licensed under IC 16-27-4.
After receiving the results of a national criminal history background
check from the Federal Bureau of Investigation, the department shall
make a determination whether the applicant has been convicted of an
offense described in IC 16-27-2-5(a) and convey the determination
to the requesting qualified entity.
As added by P.L.2-2003, SEC.4. Amended by P.L.1-2005, SEC.120;
P.L.234-2005, SEC.11; P.L.138-2007, SEC.2; P.L.197-2007, SEC.2;
P.L.3-2008, SEC.85.
IC 10-13-3-40
Appropriation; use
Sec. 40. (a) The department may use the appropriations described
in subsection (b) for either or both of the following purposes:
(1) Operating and maintaining the central repository for
criminal history data.
(2) Establishing, operating, or maintaining an electronic log to
record the sale of drugs containing ephedrine or
pseudoephedrine in accordance with IC 35-48-4-14.7.
(b) If the amount of money that is deposited in the state general
fund during a state fiscal year from handgun license fees (as
described in IC 35-47-2-4) exceeds one million one hundred
thousand dollars ($1,100,000), the excess is appropriated from the
state general fund to the department for the purposes described in
subsection (a). An appropriation under this section is subject to
allotment by the budget agency.
As added by P.L.190-2006, SEC.1.