1     
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Utah Crime Prevention and Privacy Compact.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows Utah to join the National Crime Prevention and Privacy Compact;
13          ▸     provides definitions;
14          ▸     permits Utah to share information with other states and the federal government
15     relating to background checks and criminal histories;
16          ▸     creates a process for Utah to request records from the FBI and other states that are
17     parties to the compact;
18          ▸     designates a compact council to administer the compact;
19          ▸     provides for adjudication of disputes between member parties; and
20          ▸     sets requirements for withdrawal from the compact.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          53-18-101, Utah Code Annotated 1953

28          53-18-102, Utah Code Annotated 1953
29          53-18-103, Utah Code Annotated 1953
30          53-18-104, Utah Code Annotated 1953
31          53-18-105, Utah Code Annotated 1953
32          53-18-106, Utah Code Annotated 1953
33          53-18-107, Utah Code Annotated 1953
34          53-18-108, Utah Code Annotated 1953
35          53-18-109, Utah Code Annotated 1953
36          53-18-110, Utah Code Annotated 1953
37          53-18-111, Utah Code Annotated 1953
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 53-18-101 is enacted to read:
41     
CHAPTER 18. UTAH CRIME PREVENTION AND PRIVACY COMPACT

42          53-18-101. Title -- Purpose.
43          (1) This chapter is known as the "Utah Crime Prevention and Privacy Compact."
44          (2) (a) This compact organizes an electronic information sharing system among the
45     federal government and the states to exchange criminal history records for noncriminal justice
46     purposes authorized by federal or state law, such as background checks for governmental
47     licensing and employment.
48          (b) Under this compact, the FBI and the party states agree to maintain detailed
49     databases of their respective criminal history records, including arrests and dispositions, and to
50     make them available to the federal government and to party states for authorized purposes. The
51     FBI shall also manage the federal data facilities that provide a significant part of the
52     infrastructure for the system.
53          (3) The purpose of this compact is to:
54          (a) provide a legal framework for the establishment of a cooperative federal-state
55     system for the interstate and federal-state exchange of criminal history records for noncriminal
56     justice uses;
57          (b) require the FBI to permit use of the National Identification Index and the National
58     Fingerprint File by each party state, and to provide, in a timely fashion, federal and state

59     criminal history records to requesting states, in accordance with the terms of this compact and
60     with rules, procedures, and standards established by the council under Section 53-18-106;
61          (c) require party states to provide information and records for the National
62     Identification Index and the National Fingerprint File and to provide criminal history records,
63     in a timely fashion, to criminal history record repositories of other states and the federal
64     government for noncriminal justice purposes, in accordance with the terms of this compact and
65     with rules, procedures, and standards established by the council under Section 53-18-106;
66          (d) provide for the establishment of a council to monitor III System operations and to
67     prescribe system rules and procedures for the effective and proper operation of the III System
68     for noncriminal justice purposes; and
69          (e) require the FBI and each party state to adhere to III System standards concerning
70     record dissemination and use, response times, system security, data quality, and other duly
71     established standards, including those that enhance the accuracy and privacy of the records.
72          Section 2. Section 53-18-102 is enacted to read:
73          53-18-102. Definitions.
74          As used in this compact:
75          (1) "Attorney general" means the attorney general of the United States.
76          (2) "Compact officer" means:
77          (a) with respect to the federal government, an official designated by the director of the
78     FBI; and
79          (b) with respect to a party state, the chief administrator of the state's criminal history
80     record repository or a designee of the chief administrator who is a regular full-time employee
81     of the repository.
82          (3) "Council" means the compact council established under Section 53-18-106.
83          (4) "Criminal history record repository" means the state agency designated by the
84     governor, appropriate executive official, or the Legislature of a state to perform centralized
85     recordkeeping functions for criminal history records and services in the state.
86          (5) (a) "Criminal history records" means information collected by criminal justice
87     agencies on individuals consisting of identifiable descriptions and notations of arrests,
88     detentions, indictments, or other formal criminal charges, and any dispositions, including
89     acquittal, sentencing, correctional supervision, or release.

90          (b) "Criminal history records" does not include identification information such as
91     fingerprint records if the information does not indicate involvement of the individual with the
92     criminal justice system.
93          (6) "Criminal justice" includes activities relating to the detection, apprehension,
94     detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision,
95     or rehabilitation of accused persons or criminal offenders. The administration of criminal
96     justice includes criminal identification activities and the collection, storage, and dissemination
97     of criminal history records.
98          (7) "Criminal justice agency" means:
99          (a) the courts; and
100          (b) any governmental agency or subunit of a governmental agency that:
101          (i) performs the administration of criminal justice pursuant to a statute or executive
102     order; and
103          (ii) allocates a substantial part of its annual budget to the administration of criminal
104     justice; and
105          (c) includes federal and state inspectors general offices.
106          (8) "Criminal justice services" means services provided by the FBI to criminal justice
107     agencies in response to a request for information about a particular individual or as an update
108     to information previously provided for criminal justice purposes.
109          (9) "Criterion offense" means any felony or misdemeanor offense not included on the
110     list of nonserious offenses published periodically by the FBI.
111          (10) "Direct access" means access to the National Identification Index by computer
112     terminal or other automated means not requiring the assistance of or intervention by any other
113     party or agency.
114          (11) "Executive order" means an order of the president of the United States or the chief
115     executive officer of a state that has the force of law and is promulgated in accordance with
116     applicable law.
117          (12) "FBI" means the Federal Bureau of Investigation.
118          (13) "Interstate Identification Index System" or "III System" means:
119          (a) the cooperative federal-state system for the exchange of criminal history records;
120     and

121          (b) includes the National Identification Index, the National Fingerprint File and, to the
122     extent of their participation in the system, the criminal history record repositories of the states
123     and the FBI.
124          (14) "National Fingerprint File" means a database of fingerprints, or other uniquely
125     personal identifying information, relating to an arrested or charged individual maintained by
126     the FBI to provide positive identification of record subjects indexed in the III System.
127          (15) "National Identification Index" means an index maintained by the FBI consisting
128     of names, identifying numbers, and other descriptive information relating to record subjects
129     about whom there are criminal history records in the III System.
130          (16) "National indices" means the National Identification Index and the National
131     Fingerprint File.
132          (17) "Nonparty state" means a state that has not ratified this compact.
133          (18) "Noncriminal justice purposes" means uses of criminal history records for
134     purposes authorized by federal or state law other than purposes relating to criminal justice
135     activities, including employment suitability, licensing determinations, immigration and
136     naturalization matters, and national security clearances.
137          (19) "Party state" means a state that has ratified this compact.
138          (20) "Positive identification" means a determination, based upon a comparison of
139     fingerprints or other equally reliable biometric identification techniques, that the subject of a
140     record search is the same person as the subject of a criminal history record or records indexed
141     in the III System. Identifications based solely upon a comparison of subjects' names or other
142     nonunique identification characteristics or numbers, or combinations of names, numbers, and
143     nonunique identification characteristics shall not constitute positive identification.
144          (21) "Sealed record information" means:
145          (a) with respect to adults, that portion of a record that is:
146          (i) not available for criminal justice uses;
147          (ii) not supported by fingerprints or other accepted means of positive identification; or
148          (iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant
149     to a court order related to a particular subject or pursuant to a federal or state statute that
150     requires action on a sealing petition filed by a particular record subject; and
151          (b) with respect to juveniles, whatever each state determines is a sealed record under

152     each state's own law and procedure.
153          (22) "State" means any state, territory, or possession of the United States, the District
154     of Columbia, and the Commonwealth of Puerto Rico.
155          Section 3. Section 53-18-103 is enacted to read:
156          53-18-103. Responsibilities of compact parties -- FBI responsibilities -- State
157     responsibilities -- Compliance -- Maintenance.
158          (1) The director of the FBI shall:
159          (a) appoint an FBI compact officer who shall:
160          (i) administer this compact within the Department of Justice and among federal
161     agencies and other agencies and organizations that submit search requests to the FBI pursuant
162     to Section 53-18-105;
163          (ii) ensure that compact provisions and rules, procedures, and standards prescribed by
164     the council under Section 53-18-106 are complied with by the Department of Justice and the
165     federal agencies and other agencies and organizations referred to in Section 53-18-103; and
166          (iii) regulate the use of records received by means of the III System from party states
167     when the records are supplied by the FBI directly to other federal agencies;
168          (b) provide to federal agencies and to state criminal history record repositories,
169     criminal history records maintained in the FBI's database for the noncriminal justice purposes
170     described in Section 53-18-104, including:
171          (i) information from nonparty states; and
172          (ii) information from party states that is available from the FBI through the III System,
173     but is not available from the party state through the III System;
174          (c) provide a telecommunications network and maintain centralized facilities for the
175     exchange of criminal history records for both criminal justice purposes and the noncriminal
176     justice purposes described in Section 53-18-104, and ensure that the exchange of those records
177     for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
178          (d) modify or enter into user agreements with nonparty state criminal history record
179     repositories to require them to establish record request procedures conforming to those
180     prescribed in Section 53-18-105.
181          (2) Each party state shall:
182          (a) appoint a compact officer who shall:

183          (i) administer this compact within that state;
184          (ii) ensure that compact provisions and rules, procedures, and standards established by
185     the council under Section 53-18-106 are complied with in the state; and
186          (iii) regulate the in-state use of records received by means of the III System from the
187     FBI or from other party states;
188          (b) establish and maintain a criminal history record repository, which shall provide:
189          (i) information and records for the National Identification Index and the National
190     Fingerprint File; and
191          (ii) the state's III System-indexed criminal history records for noncriminal justice
192     purposes described in Section 53-18-104;
193          (c) participate in the National Fingerprint File; and
194          (d) provide and maintain telecommunications links and related equipment necessary to
195     support the services set forth in this compact.
196          (3) In carrying out their responsibilities under this compact, the FBI and each party
197     state shall comply with III System rules, procedures, and standards duly established by the
198     council concerning record dissemination and use, response times, data quality, system security,
199     accuracy, privacy protection, and other aspects of III System operation.
200          (4) (a) Use of the III System for noncriminal justice purposes authorized in this
201     compact shall be managed so as not to diminish the level of services provided in support of
202     criminal justice purposes.
203          (b) Administration of compact provisions shall not reduce the level of service available
204     to authorized noncriminal justice users on the effective date of this compact.
205          Section 4. Section 53-18-104 is enacted to read:
206          53-18-104. Authorized record disclosures -- Criminal history record repositories
207     -- Procedures.
208          (1) To the extent authorized by 5 U.S.C. Sec. 552(a), the FBI shall provide on request
209     criminal history records, excluding sealed records, to state criminal history record repositories
210     for noncriminal justice purposes allowed by federal statute, federal executive order, or a state
211     statute that has been approved by the attorney general and that authorizes national indices
212     checks.
213          (2) The FBI, to the extent authorized by 5 U.S.C. Sec. 552(a) and state criminal history

214     record repositories shall provide criminal history records, excluding sealed records, to criminal
215     justice agencies and other governmental or nongovernmental agencies for noncriminal justice
216     purposes allowed by federal statute, federal executive order, or a state statute that has been
217     approved by the attorney general, that authorizes national indices checks.
218          (3) Any record obtained under this compact may be used only for the official purposes
219     for which the record was requested. Each compact officer shall establish procedures, consistent
220     with this compact, and with rules, procedures, and standards established by the council under
221     Section 53-18-106, which procedures shall protect the accuracy and privacy of the records, and
222     shall:
223          (a) ensure that records obtained under this compact are used only by authorized
224     officials for authorized purposes;
225          (b) require that subsequent record checks are requested to obtain current information
226     whenever a new need arises; and
227          (c) ensure that record entries that may not legally be used for a particular noncriminal
228     justice purpose are deleted from the response and, if no information authorized for release
229     remains, an appropriate "no record" response is communicated to the requesting official.
230          Section 5. Section 53-18-105 is enacted to read:
231          53-18-105. Record request procedures -- Positive identification -- Submission of
232     requests -- Fees -- Additional search.
233          (1) Subject fingerprints or other approved forms of positive identification shall be
234     submitted with all requests for criminal history record checks for noncriminal justice purposes.
235          (2) Each request for a criminal history record check utilizing the national indices made
236     under any approved state statute shall be submitted through that state's criminal history record
237     repository. A state criminal history record repository shall process an interstate request for
238     noncriminal justice purposes through the national indices only if the request is transmitted
239     through another state criminal history record repository or the FBI.
240          (3) Each request for criminal history record checks utilizing the national indices made
241     under federal authority shall be submitted through the FBI or, if the state criminal history
242     record repository consents to process fingerprint submissions, through the criminal history
243     record repository in the state in which the request originated. Direct access to the National
244     Identification Index by entities other than the FBI and state criminal history record repositories

245     shall not be permitted for noncriminal justice purposes.
246          (4) A state criminal history record repository or the FBI:
247          (a) may charge a fee, in accordance with applicable law, for handling a request
248     involving fingerprint processing for noncriminal justice purposes; and
249          (b) may not charge a fee for providing criminal history records in response to an
250     electronic request for a record that does not involve a request to process fingerprints.
251          (5) (a) If a state criminal history record repository cannot positively identify the subject
252     of a record request made for noncriminal justice purposes, the request, together with
253     fingerprints or other approved identifying information, shall be forwarded to the FBI for a
254     search of the national indices.
255          (b) If, with respect to a request forwarded by a state criminal history record repository
256     under Subsection (5)(a), the FBI positively identifies the subject as having a III System-indexed
257     record or records:
258          (i) the FBI shall advise the state criminal history record repository; and
259          (ii) the state criminal history record repository shall be entitled to obtain the additional
260     criminal history record information from the FBI or other state criminal history record
261     repositories.
262          Section 6. Section 53-18-106 is enacted to read:
263          53-18-106. Compact council -- Establishment -- Organization -- Membership --
264     Meetings -- Quorum -- Rules, procedure, and standards -- Assistance from FBI --
265     Committees.
266          (1) (a) There is established a compact council, which shall have the authority to
267     promulgated rules and procedures governing the use of the III System for noncriminal justice
268     purposes, not to conflict with FBI administration of the III System for criminal justice
269     purposes.
270          (b) The council shall:
271          (i) continue in existence as long as this compact remains in effect;
272          (ii) be located, for administrative purposes, within the FBI; and
273          (iii) be organized and hold its first meeting as soon as practicable after the effective
274     date of this compact.
275          (2) The council shall be composed of 15 members, each of whom shall be appointed by

276     the attorney general, as follows:
277          (a) nine members, each of whom shall serve a two-year term, and who shall be selected
278     from among the compact officers of party states based on the recommendation of the compact
279     officers of all party states, except that, in the absence of the requisite number of compact
280     officers available to serve, the chief administrators of the criminal history record repositories of
281     nonparty states shall be eligible to serve on an interim basis;
282          (b) two at-large members, nominated by the director of the FBI, each of whom shall
283     serve a three-year term, of whom:
284          (i) one shall be a representative of the criminal justice agencies of the federal
285     government, but may not be an employee of the FBI; and
286          (ii) one shall be a representative of the noncriminal justice agencies of the federal
287     government;
288          (c) two at-large members, nominated by the chair of the council, once the chairman is
289     elected pursuant to Section 53-18-106, each of whom shall serve a three-year term, of whom:
290          (i) one shall be a representative of state or local criminal justice agencies; and
291          (ii) one shall be a representative of state or local noncriminal justice agencies;
292          (d) one member, who shall serve a three-year term, and who shall simultaneously be a
293     member of the FBI's advisory policy board on criminal justice information services, nominated
294     by the membership of that policy board; and
295          (e) one member, nominated by the director of the FBI, who shall serve a three-year
296     term, and who shall be an employee of the FBI.
297          (3) (a) From its membership, the council shall elect a chair and a vice chair of the
298     council, respectively. Both the chair and vice chair of the council:
299          (i) shall be a compact officer, unless there is no compact officer on the council who is
300     willing to serve, in which case the chair may be an at-large member; and
301          (ii) shall serve a two-year term and may be reelected to only one additional two-year
302     term.
303          (b) The vice chair of the council shall serve as the chair of the council in the absence of
304     the chair.
305          (4) (a) The council shall meet at least once each year at the call of the chair. Each
306     meeting of the council shall be open to the public. The council shall provide prior public notice

307     in the Federal Register of each meeting of the council, including the matters to be addressed at
308     the meeting.
309          (b) A majority of the council or any committee of the council shall constitute a quorum
310     of the council or of the committee, respectively, for the conduct of business. A lesser number
311     may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
312          (5) The council shall make available for public inspection and copying at the council
313     office within the FBI, and shall publish in the Federal Register, any rules, procedures, or
314     standards established by the council.
315          (6) The council may request from the FBI any reports, studies, statistics, or other
316     information or materials the council determines to be necessary to enable the council to
317     perform the council's duties under this compact. The FBI, to the extent authorized by law, may
318     provide any assistance or information upon a request.
319          (7) The Chair may establish committees necessary to carry out this compact and may
320     prescribe their membership, responsibilities, and duration.
321          Section 7. Section 53-18-107 is enacted to read:
322          53-18-107. Ratification of compact.
323          This compact shall take effect upon being entered into by two or more states as between
324     those states and the federal government. Upon subsequent entering into this compact by
325     additional states, it shall become effective among those states and the federal government and
326     each party state that has previously ratified it. When ratified, this compact shall have the full
327     force and effect of law within the ratifying jurisdictions. The form of ratification shall be in
328     accordance with the laws of the executing state.
329          Section 8. Section 53-18-108 is enacted to read:
330          53-18-108. Miscellaneous provisions -- Relation of compact to FBI activities -- No
331     authority for nonappropriated expenditures.
332          (1) Administration of this compact shall not interfere with the management and control
333     of the director of the FBI over the FBI's collection and dissemination of criminal history
334     records and the advisory function of the FBI's advisory policy board chartered under 5 U.S.C.
335     App. 2, Federal Advisory Committee Act, for all purposes other than noncriminal justice.
336          (2) Nothing in this compact shall require the FBI to obligate or expend funds beyond
337     those appropriated to the FBI.

338          (3) Nothing in this compact shall diminish or lessen the obligations, responsibilities,
339     and authorities of any state, whether a party state or a nonparty state, or of any criminal history
340     record repository or other subdivision or component of a criminal history record repository,
341     under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies
342     Appropriation Act, 1973, Pub. L. No. 92-544, or regulations and guidelines promulgated under
343     the act, including the rules and procedures promulgated by the council under Section
344     53-18-106, regarding the use and dissemination of criminal history records and information.
345          Section 9. Section 53-18-109 is enacted to read:
346          53-18-109. Renunciation -- Effect.
347          (1) This compact shall bind each party state until renounced by the party state.
348          (2) Any renunciation of this compact by a party state shall:
349          (a) be effected in the same manner by which the party state ratified this compact; and
350          (b) become effective 180 days after written notice of renunciation is provided by the
351     party state to each other party state and to the federal government.
352          Section 10. Section 53-18-110 is enacted to read:
353          53-18-110. Severability.
354          The provisions of this compact shall be severable, and if any phrase, clause, sentence,
355     or provision of this compact is declared to be contrary to the constitution of any participating
356     state, or to the Constitution of the United States, or the applicability to any government,
357     agency, person, or circumstance is held invalid, the validity of the remainder of this compact
358     and the applicability to any government, agency, person, or circumstance shall not be affected.
359     If a portion of this compact is held contrary to the constitution of any party state, all other
360     portions of this compact shall remain in full force and effect as to the remaining party states
361     and in full force and effect as to the party state affected, as to all other provisions.
362          Section 11. Section 53-18-111 is enacted to read:
363          53-18-111. Adjudication of disputes -- Duties of FBI -- Right of appeal.
364          (1) The council shall:
365          (a) have initial authority to make determinations with respect to any dispute regarding:
366          (i) interpretation of this compact;
367          (ii) any rule or standard established by the council pursuant to Section 53-18-105; and
368          (iii) any dispute or controversy between any parties to this compact; and

369          (b) hold a hearing concerning any dispute described in Subsection (1) at a regularly
370     scheduled meeting of the council and only render a decision based upon a majority vote of the
371     members of the council. The decision shall be published pursuant to the requirements of
372     Section 53-18-106.
373          (2) The FBI shall exercise immediate and necessary action to preserve the integrity of
374     the III System, maintain system policy and standards, protect the accuracy and privacy of
375     records, and to prevent abuses, until the council holds a hearing on the matters.
376          (3) The FBI or a party state may appeal any decision of the council to the attorney
377     general, and thereafter may file suit in the appropriate district court of the United States, which
378     shall have original jurisdiction of all cases or controversies arising under this compact. Any suit
379     arising under this compact and initiated in a state court shall be removed to the appropriate
380     district court of the United States in the manner provided by 28 U.S.C. Sec. 1446, or other
381     statutory authority.






Legislative Review Note
Office of Legislative Research and General Counsel