Arizona 2024 2024 Regular Session

Arizona House Bill HB2243 Comm Sub / Analysis

Filed 05/23/2024

                      	HB 2243 
Initials NM 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: MAPS DP 14-0-0-0 | 3
rd
 Read 58-0-0-2  
Senate: MAPS DP 7-0-0-0 | 3
rd
 Read 25-4-0-1  
Final Pass: 51-6-0-3 
 
HB 2243: fingerprinting; criminal history; records checks 
Sponsor: Representative Nguyen, LD 1 
Transmitted to the Governor  
Overview 
Modifies various aspects of data management, handling and permissions for the criminal 
history records managed by the Central State Repository (Repository).  
History 
The Department of Public Safety (DPS) manages the Repository which stores Arizona 
criminal history records and related criminal justice information for any person who has been 
arrested or charged with: 1) a felony offense; 2) an offense involving domestic violence; 3) a 
sexual offense; or 4) a DUI offense (A.R.S. § 41-1750). The records in the Repository are used 
for various purposes including background checks and the issuance of Fingerprint Clearance 
Cards and Level I Fingerprint Clearance Cards (Fingerprint Cards) (Title 41, Chapter 12, 
Article 3.1). These records are also shared with the Federal Bureau of Investigation (FBI) 
and authorized criminal justice agencies in other states (A.R.S. § 41-1750).  
Provisions 
1. Narrows when the Board of Fingerprinting (Board) may receive criminal history records 
to only when it is reviewing a person's application for a good cause exception to receive a 
Fingerprint Card. (Sec. 1, 4, 5)  
2. Removes the Board's ability to disseminate criminal history records to other agencies. 
(Sec. 1)  
3. Specifies that fingerprints submitted to the Repository may be searched through both 
DPS and the FBI to conduct background checks. (Sec. 2)  
4. Permits DPS to retain fingerprints submitted for background checks for the purpose of 
future searches, when submitted by criminal justice agencies or other specified 
government agencies. (Sec. 2) 
5. Modifies procedures for records checks and the reconciliation of state and federal criminal 
history records to specify the use of state and federal rap back services. (Sec. 2, 4, 5)  
6. Directs DPS to update the status of Fingerprint Cards through the use of rap back 
services. (Sec. 4, 5) 
7. Permits agencies to grant temporary work authorizations, for persons with occupations 
pending approval for federal criminal records checks, while their Fingerprint Card 
applications are being processed. (Sec. 6)  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes) ☐ Fiscal Note    	HB 2243 
Initials NM 	Page 2 	Transmitted 
8. Outlines relevant requirements and procedures for granting said temporary work 
authorizations. (Sec. 6)  
9. Repeals the grant of temporary work authorizations upon the FBI approving DPS to 
conduct federal criminal records checks.  (Sec. 7)  
10. Defines biometric data and rap back services. (Sec. 2, 3) 
11. Contains an emergency clause. (Sec. 8) 
12. Contains technical and conforming changes. (Sec. 1, 2, 3, 4, 5)