Bill Text: AZ SB1391 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Criminal clearance cards; authorized company
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-23 - Referred to Senate GOV Committee [SB1391 Detail]
Download: Arizona-2010-SB1391-Introduced.html
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REFERENCE TITLE: criminal clearance cards; authorized company |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010 |
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SB 1391 |
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Introduced by Senator Pearce R
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AN ACT
amending sections 41‑1758, 41‑1758.02, 41‑1758.03 and 41‑1758.07, Arizona Revised Statutes; amending title 41, chapter 12, article 3.1, Arizona Revised Statutes, by adding section 41‑1758.08; relating to criminal clearance cards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the board of fingerprinting or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "authorized company" means a CRIMINAL background INVESTIGATION company that has been authorized by the department of administration pursuant to section 41-1758.08 to conduct criminal hisotry records checks.
2. 3. "Division" means the fingerprinting division in the department of public safety.
3. 4. "Good cause exception" means the issuance of a fingerprint criminal clearance card to an employee pursuant to section 41‑619.55.
4. 5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 8‑105.
(b) Section 8‑322.
(c) Section 8‑509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15-503.
(g) Section 15‑512.
(h) Section 15‑534.
(i) Section 15‑1330.
(j) Section 15-1881.
(k) Section 26-103.
(l) Section 36-411.
(m) Section 36‑425.03.
(n) Section 36-446.04.
(o) Section 36‑594.01.
(p) Section 36‑594.02.
(q) Section 36‑882.
(r) Section 36‑883.02.
(s) Section 36‑897.01.
(t) Section 36‑897.03.
(u) Section 36‑3008.
(v) Section 41-619.52.
(w) Section 41-619.53.
(x) Section 41‑1964.
(y) Section 41‑1967.01.
(z) Section 41‑1968.
(aa) Section 41-1969.
(bb) Section 41‑2814.
(cc) Section 46‑141, subsection A.
(dd) Section 46‑321.
5. 6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 2. Section 41-1758.02, Arizona Revised Statutes, is amended to read:
41-1758.02. Fingerprint checks; registration
A. The person, provider or agency shall submit a full set of fingerprints to the division OR an AUTHORIZED COMPANY for the purpose of obtaining a state and federal criminal history records check pursuant to section 41‑1750 and Public Law 92‑544. If the person can present a valid fingerprint criminal clearance card or credible documentation that the person's application for a fingerprint criminal clearance card is pending, the person, provider or agency is not required to submit another application for a fingerprint CRIMINAL clearance card. The division may, AND AN AUTHORIZED COMPANY SHALL, exchange this fingerprint data with the federal bureau of investigation.
B. The person shall submit a new set of fingerprints to the division OR AUTHORIZED COMPANY for a fingerprint background check every six two years. The division OR AUTHORIZED COMPANY shall conduct a new state and federal criminal history records check on application for a new card. All class one or class two fingerprint clearance cards that were issued before October 1, 2003 JANUARY 1, 2012 pursuant to this article shall remain valid until their normal expiration dates at which time the cardholder shall apply for a new fingerprint criminal clearance card.
C. In order to obtain a fingerprint criminal clearance card, a person shall submit a completed application for a fingerprint criminal clearance card provided by to the division or authorized company.
D. The person, provider or agency shall submit the application required by subsection C of this section along with the fingerprints to the division OR AUTHORIZED COMPANY for a criminal history records check.
Sec. 3. Section 41-1758.03, Arizona Revised Statutes, is amended to read:
41-1758.03. Criminal clearance cards; issuance; immunity
A. On receiving the state and federal criminal history record of a person, the division or an authorized company shall compare the record with the list of criminal offenses that preclude the person from receiving a fingerprint CRIMINAL clearance card. If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the division or authorized company shall issue the person a fingerprint CRIMINAL clearance card.
B. A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint CRIMINAL clearance card:
1. Sexual abuse of a vulnerable adult.
2. Incest.
3. First or second degree murder.
4. Sexual assault.
5. Sexual exploitation of a minor.
6. Sexual exploitation of a vulnerable adult.
7. Commercial sexual exploitation of a minor.
8. Commercial sexual exploitation of a vulnerable adult.
9. Child prostitution as prescribed in section 13‑3212.
10. Child abuse.
11. Abuse of a vulnerable adult.
12. Sexual conduct with a minor.
13. Molestation of a child.
14. Molestation of a vulnerable adult.
15. A dangerous crime against children as defined in section 13-705.
16. Exploitation of minors involving drug offenses.
17. Taking a child for the purpose of prostitution as prescribed in section 13‑3206.
18. Neglect or abuse of a vulnerable adult.
19. Sex trafficking.
20. Sexual abuse.
21. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13‑3502.
22. Furnishing harmful items to minors as prescribed in section 13‑3506.
23. Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01.
24. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13‑3512.
25. Luring a minor for sexual exploitation.
26. Enticement of persons for purposes of prostitution.
27. Procurement by false pretenses of person for purposes of prostitution.
28. Procuring or placing persons in a house of prostitution.
29. Receiving earnings of a prostitute.
30. Causing one's spouse to become a prostitute.
31. Detention of persons in a house of prostitution for debt.
32. Keeping or residing in a house of prostitution or employment in prostitution.
33. Pandering.
34. Transporting persons for the purpose of prostitution, polygamy and concubinage.
35. Portraying adult as a minor as prescribed in section 13‑3555.
36. Admitting minors to public displays of sexual conduct as prescribed in section 13‑3558.
37. Unlawful sale or purchase of children.
38. Child bigamy.
C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint criminal clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section 41‑619.55:
1. Manslaughter.
2. Endangerment.
3. Threatening or intimidating.
4. Assault.
5. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.
6. Assault by vicious animals.
7. Drive by shooting.
8. Assaults on officers or fire fighters.
9. Discharging a firearm at a structure.
10. Indecent exposure.
11. Public sexual indecency.
12. Aggravated criminal damage.
13. Theft.
14. Theft by extortion.
15. Shoplifting.
16. Forgery.
17. Criminal possession of a forgery device.
18. Obtaining a signature by deception.
19. Criminal impersonation.
20. Theft of a credit card or obtaining a credit card by fraudulent means.
21. Receipt of anything of value obtained by fraudulent use of a credit card.
22. Forgery of a credit card.
23. Fraudulent use of a credit card.
24. Possession of any machinery, plate or other contrivance or incomplete credit card.
25. False statement as to financial condition or identity to obtain a credit card.
26. Fraud by persons authorized to provide goods or services.
27. Credit card transaction record theft.
28. Misconduct involving weapons.
29. Misconduct involving explosives.
30. Depositing explosives.
31. Misconduct involving simulated explosive devices.
32. Concealed weapon violation.
33. Possession and sale of peyote.
34. Possession and sale of a vapor‑releasing substance containing a toxic substance.
35. Sale of precursor chemicals.
36. Possession, use or sale of marijuana, dangerous drugs or narcotic drugs.
37. Manufacture or distribution of an imitation controlled substance.
38. Manufacture or distribution of an imitation prescription‑only drug.
39. Manufacture or distribution of an imitation over‑the‑counter drug.
40. Possession or possession with intent to use an imitation controlled substance.
41. Possession or possession with intent to use an imitation prescription‑only drug.
42. Possession or possession with intent to use an imitation over‑the‑counter drug.
43. Manufacture of certain substances and drugs by certain means.
44. Adding poison or other harmful substance to food, drink or medicine.
45. A criminal offense involving criminal trespass and burglary under title 13, chapter 15.
46. A criminal offense under title 13, chapter 23.
47. Child neglect.
48. Misdemeanor offenses involving contributing to the delinquency of a minor.
49. Offenses involving domestic violence.
50. Arson.
51. Kidnapping.
52. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.
53. Robbery.
54. Aggravated assault.
55. Felony offenses involving contributing to the delinquency of a minor.
56. Negligent homicide.
57. Criminal damage.
58. Misappropriation of charter school monies as prescribed in section 13-1818.
59. Taking identity of another person or entity.
60. Aggravated taking identity of another person or entity.
61. Trafficking in the identity of another person or entity.
62. Cruelty to animals.
63. Prostitution.
64. Sale or distribution of material harmful to minors through vending machines as prescribed in section 13‑3513.
65. Welfare fraud.
D. A person who is awaiting trial on or who has been convicted of committing or attempting to commit a violation of section 28‑1381, 28‑1382 or 28‑1383 in this state or the same or similar offense in another state or jurisdiction within five years from the date of applying for a fingerprint criminal clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment. The division or authorized company shall place a notation on the fingerprint criminal clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person's employment.
E. Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41‑619.55, the division or authorized company shall issue a fingerprint criminal clearance card to the person.
F. If the division or authorized company denies a person's application for a fingerprint criminal clearance card pursuant to subsection C of this section and a good cause exception is requested pursuant to section 41‑619.55, the division or authorized company shall release, on request by the board of fingerprinting, the person's criminal history record to the board of fingerprinting.
G. A person shall be granted a fingerprint criminal clearance card if either of the following applies:
1. An agency granted a good cause exception before August 16, 1999 and no new precluding offense is identified. The fingerprint criminal clearance card shall specify only the program that granted the good cause exception. On the request of the applicant, the agency that granted the prior good cause exception shall notify the division or authorized company in writing of the date on which the prior good cause exception was granted and the date of the conviction and the name of the offense for which the good cause exception was granted.
2. The board granted a good cause exception and no new precluding offense is identified.
H. The licensee or contract provider shall assume the costs of fingerprint checks and may charge these costs to persons required to be fingerprinted.
I. A person who is under eighteen years of age or who is at least ninety‑nine years of age is exempt from the fingerprint criminal clearance card requirements of this section. At all times the person shall be under the direct visual supervision of personnel who have valid fingerprint criminal clearance cards.
J. The division or authorized company may conduct periodic state criminal history records checks for the purpose of updating the clearance status of current fingerprint criminal clearance card holders and may notify the board of fingerprinting and the agency employing the person of the results of the records check.
K. The division or authorized company shall revoke a person's fingerprint criminal clearance card on receipt of a written request for revocation from the board of fingerprinting pursuant to section 41‑619.55.
L. The division or authorized company shall not issue a fingerprint criminal clearance card to a person if the division or authorized company cannot determine, within thirty business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing any of the offenses listed in subsection B or C of this section. If the division or authorized company is unable to make the determination required by this section and does not issue a fingerprint criminal clearance card to a person, the person may request a good cause exception pursuant to section 41‑619.55.
M. Except as provided in subsection N of this section, if after conducting a state and federal criminal history records check the division or authorized company determines that it is not authorized to issue a fingerprint criminal clearance card to a person, the division or authorized company shall notify the agency that licenses or employs the person that the division or authorized company is not authorized to issue a fingerprint criminal clearance card. This notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
N. If, after conducting a state and federal criminal history records check on a person who requests a fingerprint criminal clearance card pursuant to section 15‑1881, the division or authorized company determines that it is not authorized to issue a fingerprint criminal clearance card to the person, the division or authorized company shall not notify the agency. The division or authorized company shall notify the person who requested the card that the division or authorized company is not authorized to issue a fingerprint criminal clearance card.
O. The division or authorized company is not liable for damages resulting from:
1. The issuance of a fingerprint criminal clearance card to a person who is later found to have been ineligible to receive a fingerprint criminal clearance card at the time the card was issued.
2. The denial of a fingerprint criminal clearance card to a person who is later found to have been eligible to receive a fingerprint criminal clearance card at the time issuance of the card was denied.
P. The issuance of a fingerprint criminal clearance card does not entitle a person to employment.
Q. Notwithstanding any law to the contrary, a person may apply for and receive a level I fingerprint criminal clearance card pursuant to section 41‑1758.07 to satisfy a requirement that the person have a valid fingerprint criminal clearance card issued pursuant to this section.
Sec. 4. Section 41-1758.07, Arizona Revised Statutes, is amended to read:
41-1758.07. Level I criminal clearance cards; definitions
A. On receiving the state and federal criminal history record of a person who is required to be fingerprinted pursuant to this section, the fingerprinting division in the department of public safety or an authorized company shall compare the record with the list of criminal offenses that preclude the person from receiving a level I fingerprint criminal clearance card. If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the fingerprinting division or an authorized company shall issue the person a level I fingerprint criminal clearance card.
B. A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint criminal clearance card:
1. Sexual abuse of a vulnerable adult.
2. Incest.
3. Homicide, including first or second degree murder, manslaughter and negligent homicide.
4. Sexual assault.
5. Sexual exploitation of a minor.
6. Sexual exploitation of a vulnerable adult.
7. Commercial sexual exploitation of a minor.
8. Commercial sexual exploitation of a vulnerable adult.
9. Child prostitution as prescribed in section 13‑3212.
10. Child abuse.
11. Felony child neglect.
12. Abuse of a vulnerable adult.
13. Sexual conduct with a minor.
14. Molestation of a child.
15. Molestation of a vulnerable adult.
16. Dangerous crimes against children as defined in section 13‑705.
17. Exploitation of minors involving drug offenses.
18. Taking a child for the purpose of prostitution as prescribed in section 13‑3206.
19. Neglect or abuse of a vulnerable adult.
20. Sex trafficking.
21. Sexual abuse.
22. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13‑3502.
23. Furnishing harmful items to minors as prescribed in section 13‑3506.
24. Furnishing harmful items to minors by internet activity as prescribed in section 13‑3506.01.
25. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13‑3512.
26. Luring a minor for sexual exploitation.
27. Enticement of persons for purposes of prostitution.
28. Procurement by false pretenses of person for purposes of prostitution.
29. Procuring or placing persons in a house of prostitution.
30. Receiving earnings of a prostitute.
31. Causing one's spouse to become a prostitute.
32. Detention of persons in a house of prostitution for debt.
33. Keeping or residing in a house of prostitution or employment in prostitution.
34. Pandering.
35. Transporting persons for the purpose of prostitution, polygamy and concubinage.
36. Portraying adult as a minor as prescribed in section 13‑3555.
37. Admitting minors to public displays of sexual conduct as prescribed in section 13‑3558.
38. Any felony offense involving contributing to the delinquency of a minor.
39. Unlawful sale or purchase of children.
40. Child bigamy.
41. Any felony offense involving domestic violence as defined in section 13-3601 except for a felony offense only involving criminal damage in an amount of more than two hundred fifty dollars but less than one thousand dollars if the offense was committed before the effective date of this section June 29, 2009.
42. Any felony offense in violation of title 13, chapter 12 if committed within five years before the date of applying for a level I fingerprint criminal clearance card.
43. Felony drug or alcohol related offenses if committed within five years before the date of applying for a level I fingerprint criminal clearance card.
44. Felony indecent exposure.
45. Felony public sexual indecency.
46. Terrorism.
47. Any offense involving a violent crime as defined in section 13‑901.03.
C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint criminal clearance card, except that the person may petition the board of fingerprinting for a good cause exception pursuant to section 41‑619.55:
1. Any misdemeanor offense in violation of title 13, chapter 12.
2. Misdemeanor indecent exposure.
3. Misdemeanor public sexual indecency.
4. Aggravated criminal damage.
5. Theft.
6. Theft by extortion.
7. Shoplifting.
8. Forgery.
9. Criminal possession of a forgery device.
10. Obtaining a signature by deception.
11. Criminal impersonation.
12. Theft of a credit card or obtaining a credit card by fraudulent means.
13. Receipt of anything of value obtained by fraudulent use of a credit card.
14. Forgery of a credit card.
15. Fraudulent use of a credit card.
16. Possession of any machinery, plate or other contrivance or incomplete credit card.
17. False statement as to financial condition or identity to obtain a credit card.
18. Fraud by persons authorized to provide goods or services.
19. Credit card transaction record theft.
20. Misconduct involving weapons.
21. Misconduct involving explosives.
22. Depositing explosives.
23. Misconduct involving simulated explosive devices.
24. Concealed weapon violation.
25. Misdemeanor possession and misdemeanor sale of peyote.
26. Felony possession and felony sale of peyote if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
27. Misdemeanor possession and misdemeanor sale of a vapor‑releasing substance containing a toxic substance.
28. Felony possession and felony sale of a vapor-releasing substance containing a toxic substance if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
29. Misdemeanor sale of precursor chemicals.
30. Felony sale of precursor chemicals if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
31. Misdemeanor possession, misdemeanor use or misdemeanor sale of marijuana, dangerous drugs or narcotic drugs.
32. Felony possession, felony use or felony sale of marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
33. Misdemeanor manufacture or misdemeanor distribution of an imitation controlled substance.
34. Felony manufacture or felony distribution of an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
35. Misdemeanor manufacture or misdemeanor distribution of an imitation prescription‑only drug.
36. Felony manufacture or felony distribution of an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
37. Misdemeanor manufacture or misdemeanor distribution of an imitation over‑the‑counter drug.
38. Felony manufacture or felony distribution of an imitation over‑the‑counter drug if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
39. Misdemeanor possession or misdemeanor possession with intent to use an imitation controlled substance.
40. Felony possession or felony possession with intent to use an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
41. Misdemeanor possession or misdemeanor possession with intent to use an imitation prescription‑only drug.
42. Felony possession or felony possession with intent to use an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
43. Misdemeanor possession or misdemeanor possession with intent to use an imitation over‑the‑counter drug.
44. Felony possession or felony possession with intent to use an imitation over-the-counter drug if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
45. Misdemeanor manufacture of certain substances and drugs by certain means.
46. Felony manufacture of certain substances and drugs by certain means if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
47. Adding poison or other harmful substance to food, drink or medicine.
48. A criminal offense involving criminal trespass and burglary under title 13, chapter 15.
49. A criminal offense under title 13, chapter 23, except terrorism.
50. Misdemeanor offenses involving child neglect.
51. Misdemeanor offenses involving contributing to the delinquency of a minor.
52. Misdemeanor offenses involving domestic violence as defined in section 13-3601.
53. Felony offenses involving domestic violence if the offense only involved criminal damage in an amount of more than two hundred fifty dollars but less than one thousand dollars and the offense was committed before the effective date of this section June 29, 2009.
54. Arson.
55. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
56. Criminal damage.
57. Misappropriation of charter school monies as prescribed in section 13-1818.
58. Taking identity of another person or entity.
59. Aggravated taking identity of another person or entity.
60. Trafficking in the identity of another person or entity.
61. Cruelty to animals.
62. Prostitution, as prescribed in section 13-3214.
63. Sale or distribution of material harmful to minors through vending machines as prescribed in section 13‑3513.
64. Welfare fraud.
65. Any felony offense in violation of title 13, chapter 12 if committed more than five years before the date of applying for a level I fingerprint criminal clearance card.
66. Kidnapping.
67. Robbery, aggravated robbery or armed robbery.
D. A person who is awaiting trial on or who has been convicted of committing or attempting to commit a misdemeanor violation of section 28‑1381, 28‑1382 or 28‑1383 in this state or the same or a similar offense in another state or jurisdiction within five years from the date of applying for a level I fingerprint criminal clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment. The division or authorized company shall place a notation on the level I fingerprint criminal clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person's employment.
E. Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41‑619.55, the fingerprinting division or authorized company shall issue a level I fingerprint criminal clearance card to the applicant.
F. If the fingerprinting division or authorized company denies a person's application for a level I fingerprint criminal clearance card pursuant to subsection C of this section and a good cause exception is requested pursuant to section 41‑619.55, the fingerprinting division or authorized company shall release, on request by the board of fingerprinting, the person's criminal history record to the board of fingerprinting.
G. A person shall be granted a level I fingerprint criminal clearance card pursuant to this section if either of the following applies:
1. An agency granted a good cause exception before August 16, 1999 and no new precluding offense is identified. The fingerprint criminal clearance card shall specify only the program that granted the good cause exception. On the request of the applicant, the agency that granted the prior good cause exception shall notify the fingerprinting division or authorized company in writing of the date on which the prior good cause exception was granted, and the date of the conviction and the name of the offense for which the good cause exception was granted.
2. The board granted a good cause exception and no new precluding offense is identified.
H. The licensee or contract provider shall assume the costs of fingerprint checks conducted pursuant to this section and may charge these costs to persons required to be fingerprinted.
I. A person who is under eighteen years of age or who is at least ninety-nine years of age is exempt from the level I fingerprint criminal clearance card requirements of this section. At all times the person shall be under the direct visual supervision of personnel who have valid level I fingerprint criminal clearance cards.
J. The fingerprinting division or authorized company may conduct periodic state criminal history records checks for the purpose of updating the clearance status of current level I fingerprint criminal clearance cardholders pursuant to this section and may notify the board of fingerprinting and the agency of the results of the records check.
K. The fingerprinting division or authorized company shall revoke a person's level I fingerprint criminal clearance card on receipt of a written request for revocation from the board of fingerprinting pursuant to section 41‑619.55.
L. The fingerprinting division or authorized company shall not issue a level I fingerprint criminal clearance card to an applicant if the division or authorized company cannot determine, within thirty business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing any of the offenses listed in subsection B or C of this section. If the division or authorized company is unable to make the determination required by this section and does not issue a level I fingerprint criminal clearance card to a person, the person may request a good cause exception pursuant to section 41‑619.55.
M. If after conducting a state and federal criminal history records check the fingerprinting division or authorized company determines that it is not authorized to issue a level I fingerprint criminal clearance card to an applicant, the division or authorized company shall notify the agency that the fingerprinting division or authorized company is not authorized to issue a level I fingerprint criminal clearance card. This notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
N. The fingerprinting division or authorized company is not liable for damages resulting from:
1. The issuance of a level I fingerprint criminal clearance card to an applicant who is later found to have been ineligible to receive a level I fingerprint criminal clearance card at the time the card was issued.
2. The denial of a level I fingerprint criminal clearance card to an applicant who is later found to have been eligible to receive a level I fingerprint criminal clearance card at the time issuance of the card was denied.
O. Notwithstanding any law to the contrary, an individual may apply for and receive a level I fingerprint criminal clearance card pursuant to this section to satisfy a requirement that the person have a valid fingerprint criminal clearance card issued pursuant to section 41-1758.03.
P. Notwithstanding any law to the contrary, except as prescribed pursuant to subsection Q of this section, an individual who receives a level I fingerprint criminal clearance card pursuant to this section also satisfies a requirement that the individual have a valid fingerprint criminal clearance card issued pursuant to section 41-1758.03.
Q. Unless a cardholder commits an offense listed in subsection B or C of this section after the effective date of this section june 29, 2009, a fingerprint criminal clearance card issued pursuant to section 41-1758.03 before the effective date of this section June 29, 2009 and its renewals are valid for all requirements for a level I fingerprint criminal clearance card except those relating to the requirements of section 8-105 or 8-509. A fingerprint criminal clearance card issued before the effective date of this section June 29, 2009 to meet the requirements of section 8-105 or 8-509 and its renewals are valid after the effective date of this section June 29, 2009 to meet all requirements for a level I fingerprint criminal clearance card, including the requirements of section 8-105 or 8-509 if the cardholder has been certified by the court to adopt or has been issued a foster home license before the effective date of this section June 29, 2009.
R. The issuance of a level I fingerprint criminal clearance card does not entitle a person to employment.
S. For the purposes of this section:
1. "Person" means a person who is fingerprinted pursuant to:
(a) Section 8-105, 8-509, 8-802, 36-594.01, 36-594.02, 36-882, 36‑883.02, 36-897.01, 36-897.03, 41-619.52, 41‑619.53, 41-1964, 41‑1967.01, 41-1968, 41-1969 or 46-141.
(b) Subsection O of this section.
2. "Renewal" means the issuance of a fingerprint criminal clearance card to an existing fingerprint criminal clearance cardholder who applies before the person's existing fingerprint criminal clearance card expires.
Sec. 5. Title 41, chapter 12, article 3.1, Arizona Revised Statutes, is amended by adding section 41-1758.08, to read:
41-1758.08. Criminal background investigation company; designation as an authorized company; requirements; duties
A. the department of administration may designate a criminal background investigation company as an authorized company for the purpose of conducting a STATE and federal criminal HISTORY records checks of persons as required by this article. on receiving such a designation, the AUTHORIZED company may receive an originating agency's case number from the federal bureau of investigation.
b. To be designated as an authorized company, the criminal background investigation company shall show to the SATISFACTION of the DEPARTMENT of administration that:
1. the company is a corporation or limited liability company that is incorporated in this state and that has its principle office located in this state.
2. the majority shareholders are residents of this state and are private investigators licensed pursuant to title 32, chapter 24.
3. all employees who conduct criminal background investigations are private investigators licensed pursuant to title 32, chapter 24.
4. the company has the ability to conduct investigations by searching current disposition data directly from the federal or state courts. the company must show that the company can access court disposition records directly from the courts.
5. the company has the ability to verify a criminal clearance card through the company's website and include information determined necessary by the department including name, address and telephone number of the company, the issue and expiration date of the criminal clearance card and the cardholder's photograph, sex, height, weight, hair color and eye color.
c. if the authorized company REQUESTS a hard copy of a DISPOSITION record from a court of this state, the court shall release the DISPOSITION record to the authorized company at no charge and in a reasonable time. a disposition record shall include any plea agreement, judgment or order of the court regarding the case and the case history of the proceedings.
d. all information obtained by the authorized company is not a public record and may not be shared with any person or agency, except as provided by this article. the information shall not be stored PHYSICALLY or electronically in any foreign country.
E. if at any time the authorized company determines that a person has been indicted, charged with, convicted of, pled guilty to or plead no contest to any crime prescribed in section 41‑1758.03 or 41‑1758.07, the company shall terminate the person's criminal clearance card and provide notice of the termination on the authorized company's website. the criminal clearance card shall be reinstated if the person's charge has been dismissed before conviction or plea.
Sec. 6. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fiftieth legislature, first regular session.
Sec. 7. Effective date
This act is effective from and after December 31, 2011.
