Bill Text For SB0430 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             1st Session of the 57th Legislature (2019)                |
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 4|ENGROSSED SENATE                                                       |
  |BILL NO. 430                         By: Pugh of the Senate            |
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  |                                         Osburn of the House           |
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  |       An Act relating to criminal history records; amending           |
10|       74 O.S. 2011, Section 150.9, as last amended by                 |
  |       Section 1, Chapter 156, O.S.L. 2017 (74 O.S. Supp.              |
11|       2018, Section 150.9), which relates to criminal                 |
  |       history records; authorizing the Oklahoma State                 |
12|       Bureau of Investigation to conduct and receive                  |
  |       results of certain record checks for certain                    |
13|       purposes; providing for the release of certain                  |
  |       results to certain entities; providing an effective             |
14|       date; and declaring an emergency.                               |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     74 O.S. 2011, Section 150.9, as      |
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19|last amended by Section 1, Chapter 156, O.S.L. 2017 (74 O.S. Supp.     |
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20|2018, Section 150.9), is amended to read as follows:                   |
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21|    Section 150.9.  A.  The Oklahoma State Bureau of Investigation     |
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22|shall procure, file and maintain criminal history records for each     |
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23|person subject to mandatory reporting as provided by law, including    |
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24|photographs, descriptions, fingerprints, measurements and other        |
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arsid9460093 SB430 HFLR                                            Page 1
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 1|pertinent information relating to such persons.  It shall be the       |
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 2|duty of law enforcement officers and agencies, sheriffs, police,       |
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 3|courts, judicial officials, district attorneys, and the persons in     |
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 4|charge of any state correctional facility or institution to furnish    |
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 5|criminal history records to the Bureau as required by Section 150.1    |
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 6|et seq. of this title.  The Oklahoma State Bureau of Investigation     |
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 7|shall cooperate with and assist the sheriffs, chiefs of police and     |
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 8|other law enforcement officers of the state by maintaining a           |
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 9|complete criminal history record on each person subject to mandatory   |
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10|reporting as provided by law, and shall have on file the fingerprint   |
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11|impressions of all such persons together with other pertinent          |
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12|information as may from time to time be received from the law          |
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13|enforcement officers of this and other states or as may be required    |
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14|by law.                                                                |
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15|    B.  1.  The Oklahoma Department of Consumer Credit, the            |
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16|Insurance Department, the Oklahoma Horse Racing Commission, or any     |
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17|other State Bureau of Investigation is authorized to conduct and       |
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18|receive results of national criminal history record checks for         |
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19|authorized purposes pursuant to Public Law 92-544, the National        |
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20|Child Protection Act/Volunteers for Children Act (NCPA/VCA) as         |
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21|amended, with or without a Volunteer and Employee Criminal History     |
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22|System (VECHS) waiver program or any other federal authorizing         |
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23|statute.  The Oklahoma State Bureau of Investigation shall only        |
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arsid9460093 SB430 HFLR                                            Page 2
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 1|release the results of national criminal history record checks to      |
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 2|entities authorized to receive the results pursuant to federal law.    |
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 3|    2.  Any state agency, board, department or commission or any       |
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 4|other person or entity authorized to request a criminal history        |
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 5|record or an analysis of fingerprints for commercial, licensing or     |
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 6|other purposes, except law enforcement purposes, shall conduct a       |
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 7|national criminal history records check on all persons of the entity   |
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 8|authorized to access or review national criminal history records       |
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 9|checks information by July 1, 2009, and within sixty (60) days         |
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10|thereafter.                                                            |
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11|    2. 3.  Each agency, person or entity authorized to request a       |
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12|criminal history record or an analysis of fingerprints shall pay a     |
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13|fee to the Bureau for each criminal history record or fingerprint      |
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14|analysis as follows:                                                   |
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15|    Oklahoma criminal history record only    $15.00 each               |
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16|    Oklahoma criminal history record with                              |
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17|      fingerprint analysis   $19.00 each                               |
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18|    National criminal history record with                              |
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19|      fingerprint analysis   $41.00 each                               |
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20|    3. 4.  For purposes of this section, "a national criminal          |
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21|history record check" means a check of criminal history records        |
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22|entailing the fingerprinting of the individual and submission of the   |
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23|fingerprints to the United States Federal Bureau of Investigation      |
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24|(FBI) for the purpose of obtaining the national criminal history       |
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arsid9460093 SB430 HFLR                                            Page 3
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 1|record of the person from the FBI.  A national criminal history        |
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 2|record check may be obtained only when a check is authorized or        |
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 3|required by state or federal law.                                      |
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 4|    Agencies authorized by statute to conduct national criminal        |
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 5|history background checks for individuals are eligible to              |
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 6|participate in the Federal Rap Back Program administered by the        |
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 7|Oklahoma State Bureau of Investigation.  The Oklahoma State Bureau     |
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 8|of Investigation is authorized to submit fingerprints to the FBI Rap   |
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 9|Back System to be retained in the FBI Rap Back System for the          |
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10|purpose of being searched by future submissions to the FBI Rap Back    |
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11|System, including latent fingerprint searches and to collect all       |
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12|Federal Rap Back Program fees from eligible agencies wishing to        |
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13|participate and remit such fees to the Federal Bureau of               |
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14|Investigation.                                                         |
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15|    4. 5.  Unless a national criminal history record is specifically   |
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16|requested, a fingerprint analysis shall be limited to only those       |
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17|records available at the Oklahoma State Bureau of Investigation.       |
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18|Following receipt of the appropriate fee, the Bureau shall provide,    |
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19|as soon as possible, the criminal history record requested;            |
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20|provided, however, it shall be the duty and responsibility of the      |
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21|requesting authority to evaluate the criminal history record as such   |
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22|record may apply to a specific purpose or intent.  An individual may   |
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23|submit a certified court record showing that a charge was dismissed    |
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24|or a certified copy of a gubernatorial pardon to the Oklahoma State    |
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arsid9460093 SB430 HFLR                                            Page 4
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 1|Bureau of Investigation, and upon verification of that record the      |
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 2|Bureau records shall reflect the dismissal of that charge.             |
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 3|    C.  The Oklahoma State Bureau of Investigation may maintain an     |
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 4|identification file, including fingerprint impressions, on any         |
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 5|person under eighteen (18) years of age who is arrested or subject     |
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 6|to criminal or juvenile delinquency proceedings, provided all such     |
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 7|information shall be confidential and shall only be made available     |
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 8|to the Bureau and other law enforcement agencies.  Whenever a          |
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 9|fingerprint impression or other identification information is          |
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10|submitted to the Bureau on a person under eighteen (18) years of       |
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11|age, the Bureau may retain and file such fingerprint and               |
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12|identification information for identification purposes only.  The      |
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13|Bureau shall ensure that the information received and maintained for   |
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14|identification purposes on persons under eighteen (18) years of age    |
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15|shall be handled and processed with great care to keep such            |
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16|information confidential from the general public.  The Bureau may      |
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17|receive and maintain the fingerprints and other identification         |
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18|information on any person under eighteen (18) years of age believed    |
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19|to be the subject of a runaway, missing, or abduction investigation,   |
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20|for identification purposes at the request of a parent, guardian or    |
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21|legal custodian of the person.                                         |
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22|    D.  Any person who knowingly procures, utters, or offers any       |
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23|false, forged or materially altered criminal history record shall be   |
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24|guilty of a felony and upon conviction shall be punished by            |
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arsid9460093 SB430 HFLR                                            Page 5
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 1|imprisonment in the custody of the Department of Corrections for a     |
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 2|period not to exceed five (5) years or by a fine not to exceed Five    |
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 3|Thousand Dollars ($5,000.00), or by both such fine and imprisonment.   |
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 4|    SECTION 2.  This act shall become effective July 1, 2019.          |
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 5|    SECTION 3.  It being immediately necessary for the preservation    |
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 6|of the public peace, health or safety, an emergency is hereby          |
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 7|declared to exist, by reason whereof this act shall take effect and    |
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 8|be in full force from and after its passage and approval.              |
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10|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 03/27/2019   |
  |- DO PASS.                                                             |
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arsid9460093 SB430 HFLR                                            Page 6
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