January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
January 10, 2006, reported favorably _ Do Pass.
January 11, 2006
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2005 Regular Session of the General Assembly.
SENATE BILL No. 47
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 10-13-3-36; (06)SB0047.1.1. -->
SECTION 1. IC 10-13-3-36, AS AMENDED BY P.L.177-2005,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: 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 division of family and children or
a county office of family and children if the request is made as part of
a background investigation of an applicant for a license under
IC 12-17.2 or IC 12-17.4.
(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
an employee or 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 (as defined in IC 20-12-0.5-1). 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
health
professions bureau 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 an employee or adult volunteer; and
(3) the employee or volunteer works in a nonprofit program
or ministry of the church or religious society.