Connecticut 2013 Regular Session

Connecticut Senate Bill SB00969 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		General Assembly Raised Bill No. 969
2	2		January Session, 2013 LCO No. 3533
3		-	_____~~SB00969PS_FIN032113~~____
	3	+	03533_______PS_
4	4		Referred to Committee on PUBLIC SAFETY AND SECURITY
5	5		Introduced by:
6	6		(PS)
7	7
8	8		General Assembly
9	9
10	10		Raised Bill No. 969
11	11
12	12		January Session, 2013
13	13
14	14		LCO No. 3533
15	15
16		-	_____~~SB00969PS_FIN032113~~____
	16	+	03533_______PS_
17	17
18	18		Referred to Committee on PUBLIC SAFETY AND SECURITY
19	19
20	20		Introduced by:
21	21
22	22		(PS)
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24	24		AN ACT CONCERNING FEES CHARGED FOR CRIMINAL HISTORY RECORDS CHECKS.
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26	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28		Section 1. Section 29-11 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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30	30		(a) The bureau in the Division of State Police within the Department of Emergency Services and Public Protection known as the State Police Bureau of Identification shall be maintained for the purposes of (1) [of] providing an authentic record of each person sixteen years of age or over who is charged with the commission of any crime involving moral turpitude, (2) [of] providing definite information relative to the identity of each person so arrested, (3) [of] providing a record of the final judgment of the court resulting from such arrest, unless such record has been erased pursuant to section 54-142a, and (4) [for] maintaining a central repository of complete criminal history record disposition information. The Commissioner of Emergency Services and Public Protection is directed to maintain the State Police Bureau of Identification, which bureau shall receive, classify and file in an orderly manner all fingerprints, pictures and descriptions, including previous criminal records as far as known of all persons so arrested, and shall classify and file in a like manner all identification material and records received from the government of the United States and from the various state governments and subdivisions thereof, and shall cooperate with such governmental units in the exchange of information relative to criminals. The State Police Bureau of Identification shall accept fingerprints of applicants for admission to the bar of the state and, to the extent permitted by federal law, shall exchange state, multistate and federal criminal history records with the State Bar Examining Committee for purposes of investigation of the qualifications of any applicant for admission as an attorney under section 51-80. The record of all arrests reported to the bureau after March 16, 1976, shall contain information of any disposition within ninety days after the disposition has occurred.
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32	32		(b) Any cost incurred by the State Police Bureau of Identification in conducting any name search and fingerprinting of applicants for admission to the bar of the state shall be paid from fees collected by the State Bar Examining Committee.
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34	34		(c) The Commissioner of Emergency Services and Public Protection shall charge the following fees for the service indicated: (1) [Name search, thirty-six dollars; (2) fingerprint] Fingerprint search, fifty dollars; [(3)] (2) personal record search, fifty dollars; [(4)] (3) letters of good conduct search, fifty dollars; [(5)] (4) bar association search, fifty dollars; [(6)] (5) fingerprinting, fifteen dollars; (6) additional copy of fingerprints requested at the time of initial fingerprinting, five dollars; and (7) criminal history record information search, fifty dollars. The provisions of this subsection shall apply to any individual seeking to be licensed or otherwise approved for any occupation or position for which a provision of the general statutes requires that a criminal history records check be conducted pursuant to section 29-17a, as amended by this act. Except as provided in subsection (b) of this section, the provisions of this subsection shall not apply to any federal, state or municipal agency if the individual identified in the request is seeking employment with the requesting agency.
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36	36		(d) The Commissioner of Emergency Services and Public Protection may adopt regulations, in accordance with the provisions of chapter 54, necessary to implement the provisions of the National Child Protection Act of 1993, the Violent Crime Control and Law Enforcement Act of 1994, the Volunteers for Children Act of 1998, and the National Crime Prevention and Privacy Compact as provided in section 29-164f to provide for national criminal history records checks to determine an employee's or volunteer's suitability and fitness to care for the safety and well-being of children, the elderly and individuals with disabilities.
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38	38		Sec. 2. Section 29-17a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
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40	40		(a) If a criminal history records check is required pursuant to any provision of the general statutes, such check shall be requested from the State Police Bureau of Identification and shall be applicable to the individual identified in the request. The requesting party shall arrange for the fingerprinting of the individual or for conducting any other method of positive identification required by the State Police Bureau of Identification and, if a national criminal history records check is requested, by the Federal Bureau of Investigation. The fingerprints or other positive identifying information shall be forwarded to the State Police Bureau of Identification which shall conduct a state criminal history records check. If a national criminal history records check is requested, the State Police Bureau of Identification shall submit the fingerprints or other positive identifying information to the Federal Bureau of Investigation for a national criminal history records check, unless the Federal Bureau of Investigation permits direct submission of the fingerprints or other positive identifying information by the requesting party.
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42	42		(b) The Commissioner of Emergency Services and Public Protection may charge fees for conducting criminal history background checks as follows:
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44	44		(1) Except as provided in subdivision (2) of this subsection, for a person requesting (A) a state criminal history records check, the fee charged by the Department of Emergency Services and Public Protection for performing such check, and (B) a national criminal history records check, the fee charged by the Federal Bureau of Investigation for performing such check.
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46	46		(2) For a state agency requesting (A) a state criminal history records check of a person to be employed by such agency, no fee, (B) a state criminal history records check of a person not to be employed by such agency, the fee charged by the Department of Emergency Services and Public Protection for performing such check, and (C) a national criminal history records check of a person, the fee charged by the Federal Bureau of Investigation for performing such check. The state agency shall reimburse the Department of Emergency Services and Public Protection for [such cost] the fee paid by the department pursuant to subparagraph (C) of this subdivision. Unless otherwise provided by the provision of the general statutes requiring the criminal history records check, the state agency may charge the person a fee equal to the amount paid by the state agency under this subdivision.
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48	48		(c) The Commissioner of Emergency Services and Public Protection may provide an expedited service for persons requesting criminal history records checks in accordance with this section. Such expedited service shall include making the results of such records checks available to the requesting party through the Internet. The commissioner may enter into a contract with any person, firm or corporation to establish and administer such expedited service. The commissioner shall charge, in addition to the fees charged pursuant to subsection (b) of this section, a fee of fifty dollars for each expedited criminal history record check provided. The fee charged pursuant to subsection (b) of this section and the expedited service fee charged pursuant to this subsection shall be paid by the requesting party in such manner as may be required by the commissioner.
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53	53		This act shall take effect as follows and shall amend the following sections:
54	54		Section 1 October 1, 2013 29-11
55	55		Sec. 2 October 1, 2013 29-17a
56	56
57	57		This act shall take effect as follows and shall amend the following sections:
58	58
59	59		Section 1
60	60
61	61		October 1, 2013
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63	63		29-11
64	64
65	65		Sec. 2
66	66
67	67		October 1, 2013
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69	69		29-17a
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	71	+	Statement of Purpose:
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	73	+	To provide that fees for conducting criminal history records checks may be charged when the request is from a state agency with respect to an individual not to be employed by such agency.
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73		-	PS Joint Favorable C/R FIN
74		-
75		-	PS
76		-
77		-	Joint Favorable C/R
78		-
79		-	FIN
	75	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]