72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 592
Senate Bill 195
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Office of the Governor)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Ratifies National Crime Prevention and Privacy Compact.
A BILL FOR AN ACT
Relating to the National Crime Prevention and Privacy Compact.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly of the State of Oregon
hereby ratifies the National Crime Prevention and Privacy Compact
as set forth in section 2 of this 2003 Act, enacts the provisions
of the compact into law and enters into the compact with all
jurisdictions legally joining in the compact. + }
SECTION 2. { + The provisions of the National Crime Prevention
and Privacy Compact are as follows: + }
________________________________________________________________
{ +
ARTICLE I + }
{ +
DEFINITIONS + }
{ + As used in this compact:
(1) 'Compact officer' means, for the United States Government,
an official so designated by the Director of the Federal Bureau
of Investigation and, for a party state, the chief administrator
of the state's criminal history record repository or a designee
who is a regular full-time employee of the state's criminal
history record repository.
(2)(a) 'Criminal history records' means information collected
by criminal justice agencies on individuals consisting of
identifiable descriptions and notations of arrests, detentions,
indictments or other formal criminal charges, and any disposition
arising therefrom, including acquittal, sentencing, correctional
supervision or release.
(b) 'Criminal history records' does not include identification
information such as fingerprint records if such information does
not indicate involvement of the individual with the criminal
justice system.
(3) 'Criminal history record repository' means the state agency
designated by the governor or other appropriate executive
official or the legislature to perform centralized record keeping
functions for criminal history records and services in the state.
(4) 'Criminal justice' encompasses detection, apprehension,
detention, pretrial release, post-trial release, prosecution,
adjudication, correctional supervision and rehabilitation of
accused persons or criminal offenders. The administration of
criminal justice includes criminal identification activities and
the collection, storage and dissemination of criminal history
records.
(5) 'Criminal justice agency' means:
(a) Courts; and
(b) Governmental agencies or any subunits thereof that perform
the administration of criminal justice pursuant to a statute or
executive order, and that allocate a substantial part of their
annual budget to the administration of criminal justice. State
and federal Inspector General offices are included.
(6) 'Criminal justice services' means services provided by the
FBI to criminal justice agencies in response to a request for
information about a particular individual or as an update to
information previously provided for criminal justice purposes.
(7) 'Criterion offense' means any felony or misdemeanor not
included on the list of nonserious offenses published
periodically by the FBI.
(8) 'Direct access' means access to the National Identification
Index by computer terminal or other automated means not requiring
the assistance of or intervention by any other party or agency.
(9) 'Executive order' means an order of the President of the
United States or the chief executive official of a state that has
the force of law and that is promulgated in accordance with
applicable law.
(10) 'FBI' means the Federal Bureau of Investigation.
(11) 'Interstate Identification Index System' or 'III System'
means the cooperative federal-state system for the exchange of
criminal history records and includes the National Identification
Index, the National Fingerprint File and, to the extent of their
participation in such system, the criminal history record
repositories of the states and the FBI.
(12) 'National Fingerprint File' means a database maintained by
the FBI consisting of fingerprints or other uniquely personal
identifying information about an arrested or charged individual
to provide positive identification of persons indexed in the III
System.
(13) 'National Identification Index' means an index maintained
by the FBI consisting of names, identifying numbers and other
descriptive information relating to persons about whom there are
criminal history records in the III System.
(14) 'National indices' means the National Identification Index
and the National Fingerprint File.
(15) 'Noncriminal justice purposes' means uses of criminal
history records for crime prevention and other legitimate law
enforcement purposes authorized by federal or state law
including, but not limited to, employment suitability or
licensing determinations, immigration and naturalization matters
and national security clearances.
(16) 'Nonparty or noncompact state' means a state that has not
ratified this compact.
(17) 'Party or compact state' means a state that has ratified
this compact.
(18) 'Positive identification' means a determination, based
upon a comparison of fingerprints or other equally reliable
biometric identification techniques, that the subject of a record
search is the same person as the subject of a criminal history
record or records indexed in the III System.
(19) 'Sealed record information' means:
(a) For adults, that portion of a record that is:
(A) Not available for criminal justice uses;
(B) Not supported by fingerprints or other accepted means of
positive identification; or
(C) Copyrighted and subject to restrictions on dissemination
for noncriminal justice purposes pursuant to a court order
related to a particular subject or pursuant to a state or federal
statute that requires action on a sealing petition filed by a
particular record subject.
(b) For juveniles, whatever each state determines is a sealed
record under its own law and procedure.
(20) 'State' means any state, territory or possession of the
United States, the District of Columbia and the Commonwealth of
Puerto Rico. + }
{ +
ARTICLE II + }
{ +
PURPOSES + }
{ + The purposes of this compact are to:
(1) Provide a legal framework for the establishment of a
cooperative federal-state system for the interstate and
federal-state exchange of criminal history records for
noncriminal justice uses;
(2) Require the Federal Bureau of Investigation to permit use
of the National Identification Index and the National Fingerprint
File by parties to this compact, and to provide, in a timely
fashion, federal and state criminal history records to requesting
states, in accordance with the terms of this compact and with
rules, procedures and standards established by the Compact
Council under Article VI of this compact;
(3) Require party states to provide information and records for
the National Identification Index and the National Fingerprint
File and to provide criminal history records, in a timely
fashion, to criminal history record repositories of other states
and the federal government for noncriminal justice purposes, in
accordance with the terms of this compact and with rules,
procedures and standards established by the Compact Council under
Article VI of this compact;
(4) Provide for the establishment of a Compact Council to
monitor III System operations and to promulgate system rules and
procedures for the effective and proper operation of the III
System for noncriminal justice purposes; and
(5) Require parties to the compact to adhere to system
standards concerning record dissemination and use, response
times, system security, data quality and other duly established
standards. + }
{ +
ARTICLE III + }
{ +
RESPONSIBILITIES OF COMPACT PARTIES + }
{ + (1) The Federal Bureau of Investigation shall:
(a) Appoint an FBI compact officer who:
(A) Is responsible for administering the provisions of this
compact within the Department of Justice and the federal user
community;
(B) Shall ensure that compact provisions and rules, procedures
and standards established by the Compact Council under Article VI
of this compact are complied with in the federal user community;
and
(C) Shall regulate the use of records received by means of the
III System from party states when such records are supplied by
the FBI directly to other federal agencies;
(b) Provide to federal agencies and to state criminal history
record repositories the criminal history records maintained in
its database for noncriminal justice purposes described in
Article IV of this compact. These records must include
information from noncompact states and from compact states
relating to records for which such states have not assumed
responsibility, to the extent that such data is maintained in FBI
records;
(c) Provide a telecommunications network and maintain
centralized facilities for the exchange of criminal history
records for both criminal justice and noncriminal justice
purposes described in Article IV of this compact. The FBI shall
ensure that the exchange of these records for criminal justice
purposes has priority over exchange for noncriminal justice
purposes; and
(d) Modify or enter into user agreements with noncompact state
criminal history record repositories to require them to establish
record request procedures conforming to those prescribed in
Article V of this compact.
(2) Each party state shall:
(a) Appoint a compact officer who:
(A) Is responsible for administering the provisions of this
compact within the state;
(B) Shall ensure that compact provisions and rules, procedures
and standards established by the Compact Council under Article VI
of this compact are complied with in the state; and
(C) Shall regulate the in-state use of records received by
means of the III System from the FBI or from other party states;
(b) Participate in the National Fingerprint File; and
(c) Provide and maintain telecommunications links and related
equipment necessary to support the services set forth in this
compact.
(3) Each party state's criminal history record repository
shall:
(a) Provide information and records for the National
Identification Index and the National Fingerprint File; and
(b) Provide the state's III System with indexed criminal
history records for noncriminal justice purposes described in
Article IV of this compact.
(4) In carrying out their responsibilities under the compact,
party states and the FBI shall comply with system rules,
procedures and standards duly established by the Compact Council
concerning record dissemination and use, response times, data
quality, system security and other aspects of system operation.
(5)(a) Use of the III System for noncriminal justice purposes
authorized in this compact must be managed so as not to diminish
the level of services provided in support of criminal justice
purposes.
(b) Administration of the provisions of this compact may not
reduce the level of service available to authorized noncriminal
justice users on the effective date of this compact. + }
{ +
ARTICLE IV + }
{ +
AUTHORIZED RECORD DISCLOSURES + }
{ + (1) To the extent authorized by the Privacy Act, the
Federal Bureau of Investigation shall provide on request criminal
history records, including all unsealed federal criminal history
records relating to criterion offenses for record subjects
indexed in the III System, to state criminal history record
repositories for noncriminal justice purposes allowed by federal
statute, federal executive order or a state statute that has been
approved by the Attorney General of the United States and that
authorizes national indices checks.
(2) The FBI, to the extent authorized by the Privacy Act, and
state criminal history record repositories shall provide criminal
history records, including all unsealed state criminal history
record information relating to criterion offenses for record
subjects indexed in the III System, to criminal justice agencies
and other governmental or nongovernmental agencies for
noncriminal justice purposes allowed by federal statute, federal
executive order or a state statute that has been approved by the
Attorney General of the United States and that authorizes
national indices checks.
(3) Records obtained under this compact may be used only for
the official purposes for which they were requested. Compact
officers shall establish procedures and measures, consistent with
the provisions of this compact and with rules, procedures and
standards established by the Compact Council under Article VI of
this compact, to ensure that records are used only by authorized
officials for authorized purposes and to require that subsequent
record checks are requested to obtain current information
whenever a new need arises. These procedures must ensure that
record entries that may not legally be used for a particular
noncriminal justice purpose will be deleted from the response
and, if no information authorized for release remains, an
appropriate 'no record' response will be communicated to the
requesting official. + }
{ +
ARTICLE V + }
{ +
RECORD REQUEST PROCEDURES + }
{ + (1) The applicant's fingerprints or other approved form
of positive identification must be submitted with each request
for a criminal history record check for noncriminal justice
purposes.
(2) Requests for criminal history record checks utilizing the
national indices made under any approved state statute must be
submitted through that state's criminal history record
repository. A state criminal history record repository may
process interstate requests for noncriminal justice purposes
through the national indices only if such requests are
transmitted through another state criminal history record
repository or the Federal Bureau of Investigation.
(3) Requests for criminal history record checks utilizing the
national indices made under federal authority must be submitted
through the FBI or, if the criminal history record repository
consents to process fingerprint submissions, through the criminal
history record repository in the state in which such requests
originated. Direct access to the National Identification Index by
entities other than the FBI and state criminal history record
repositories is not permitted for noncriminal justice purposes.
(4) State criminal history record repositories and the FBI may
charge fees for handling requests involving fingerprint
processing for noncriminal justice purposes. No fees may be
charged, however, for providing criminal history records in
response to an electronic request for a record that does not
involve a request to process fingerprints.
(5) If a state criminal history record repository cannot
positively identify the subject of a record request made for
noncriminal justice purposes, then the state criminal history
record repository shall forward the request, together with
fingerprints or other approved identifying information, to the
FBI for a search of the national indices. If the FBI positively
identifies the subject as having a III System indexed record or
records, then the FBI shall so advise the state criminal history
record repository that submitted the request. The state criminal
history record repository may then obtain the additional criminal
history record information from the FBI or other state criminal
history record repositories. + }
{ +
ARTICLE VI + }
{ +
ESTABLISHMENT OF COMPACT COUNCIL + }
{ + (1) There is hereby established a Compact Council that
shall have the authority to promulgate rules and procedures
governing the use of the III System for noncriminal justice
purposes, not to conflict with Federal Bureau of Investigation
administration of the III System for criminal justice purposes.
The council shall continue in existence as long as the compact
remains in effect. The council shall be located, for
administrative purposes, within the FBI. The council shall be
organized and its first meeting held as soon as practicable after
the effective date of this compact.
(2) The council shall consist of 15 members whose appointment
by the Attorney General of the United States shall be in
accordance with the following criteria:
(a) Nine members, each to serve a two-year term, selected from
the duly designated compact officers of party states based upon
the recommendation of the compact officers of all party states.
In the absence of the requisite number of compact officers
available to serve, the chief administrators of the criminal
history record repositories of noncompact states are eligible to
serve on an interim basis;
(b) Two at-large members, each to serve a three-year term, one
of whom must represent federal criminal justice agencies and one
of whom must represent federal noncriminal justice agencies,
nominated by the Director of the FBI;
(c) Two at-large members, each to serve a three-year term, one
of whom must represent state or local criminal justice agencies
and one of whom must represent state or local noncriminal justice
agencies, nominated by the Compact Council chairperson;
(d) One member, to serve a three-year term, who is
simultaneously a member of the FBI's advisory policy board on
criminal justice information services, nominated by the
membership of the board; and
(e) One member, to serve a three-year term, who is
simultaneously an employee of the FBI, nominated by the Director
of the FBI.
(3) The chairperson of the council must be a member of and be
elected by the members of the council. The chairperson must be a
compact officer unless there is no compact officer on the council
who is willing to serve, in which case the chairperson may be an
at-large member. The chairperson shall serve a two-year term and
may be reelected to only one additional two-year term.
(4) The council shall meet at least once each year. Meetings
must be open to the public. Appropriate prior public notices must
be provided.
(5) The council may request from the FBI such reports, studies,
statistics or other information or materials as it finds
necessary to enable it to perform its duties under this compact.
The FBI, to the extent authorized by law, may provide such
assistance or information.
(6) The chairperson may establish technical or other committees
as necessary and may prescribe their membership, responsibilities
and duration. + }
{ +
ARTICLE VII + }
{ +
RATIFICATION OF COMPACT + }
{ + This compact becomes effective immediately upon its
execution by two or more states as between those states and the
United States. Upon subsequent ratification of the compact by
additional states, it becomes effective among these states and
parties that have previously ratified it. When ratified, the
compact has the full force and effect of law within the ratifying
jurisdictions. The form of ratification must be in accordance
with the laws of the executing state. + }
{ +
ARTICLE VIII + }
{ +
MISCELLANEOUS PROVISIONS + }
{ + (1) Administration of the compact may not interfere with
the management and control of the Director of the Federal Bureau
of Investigation over the FBI's collection and dissemination of
criminal history records and the advisory function of the FBI's
advisory policy board chartered under the Federal Advisory
Committee Act for all purposes other than noncriminal justice
purposes.
(2) Nothing in this compact may require the FBI to obligate or
expend funds beyond its appropriations.
(3) Nothing in this compact may diminish or lessen the
obligations, responsibilities and authorities of any state,
whether a compact state or a noncompact state, or of any criminal
history record repository or other subdivision or component
thereof, under Public Law 92-544, or regulations and guidelines
promulgated thereunder including the III-System standards
referred to in subsection (4) of Article III of this compact,
regarding the use and dissemination of criminal history records
and information. + }
{ +
ARTICLE IX + }
{ +
RENUNCIATION + }
{ + This compact binds each party state until renounced by
it. Renunciation of this compact must be effected in the same
manner by which a state ratified the compact. Renunciation
becomes effective six months after written notice of renunciation
is provided to all other parties to this compact. + }
{ +
ARTICLE X + }
{ +
SEVERABILITY + }
{ + The provisions of this compact are severable, and if any
phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any participating state, or
of the United States, or the applicability thereof to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstance shall
not be affected thereby. If a portion of this compact is held
contrary to the constitution of any state participating therein,
the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state
affected as to all other provisions. + }
{ +
ARTICLE XI + }
{ +
ADJUDICATION OF DISPUTES + }
{ + The Compact Council has original jurisdiction concerning
this compact regarding interpretations of the compact, rules or
standards established by the Compact Council pursuant to Article
VI, and disputes or controversies between parties to this
compact. The council shall hold a hearing concerning the above
at any regularly scheduled meeting and will only render a
decision based upon a majority vote of its members. The Federal
Bureau of Investigation shall exercise immediate and necessary
action to preserve the integrity of the III System, to maintain
system policy and standards and to prevent abuses, until the
council holds a hearing on such matters. Parties may appeal the
decisions of the Compact Council to the Attorney General of the
United States, and finally to the appropriate United States
District Court, which shall have original jurisdiction of all
cases or controversies arising under this compact. Any appeal so
arising initiated in a state court shall be removed to the
appropriate United States District Court in the manner provided
by Section 1446 of Title 28, United States Code, or other
statutory authority. + }
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