HB 2243 — fingerprinting; criminal history; records checks

2243 criminal justice purposes in connection with the prescribed duties of the agency and not in violation of this section.

Computer databases, other than the Arizona criminal justice information system, that are specifically designed for community notification of an offender's presence in the community pursuant to -section 1113-3825 -or H.B.for public informational purposes authorized by section 13-3827.

2243 section 13-3825 or for public informational purposes authorized by section 13-3827.

Nothing in This section prevents DOES NOT PREVENT a criminal justice agency from disclosing to the public criminal history record information that is reasonably contemporaneous to the event for which an individual is currently within the criminal justice system, including information- noted11 on- trafficH.B. accident reports concerning citations, blood alcohol tests or arrests made in connection with the traffic accident being investigated.

2243 information noted on traffic accident reports concerning citations, blood alcohol tests or arrests made in connection with the traffic accident being investigated.

-(e) 12Instructions -on H.B.reporting for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.

2243 (e) Instructions on reporting for ten-print fingerprinting, including available times and locations for reporting for ten-print fingerprinting.

Within ten days after a person is fingerprinted, the arresting authority or agency that took the fingerprints shall forward the fingerprints- to12 the- departmentH.B. in the manner or form required by the department.

2243 fingerprints to the department in the manner or form required by the department.

The state department of corrections or the -department 13of -juvenile H.B.corrections shall also report dispositions that occur thereafter to the central state repository within forty days of the date of the dispositions.

2243 department of juvenile corrections shall also report dispositions that occur thereafter to the central state repository within forty days of the date of the dispositions.

Inquiries shall be made before- any13 dissemination- exceptH.B. in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period.

2243 before any dissemination except in those cases in which time is of the essence and the repository is technically incapable of responding within the necessary time period.

-3. 14 - H.B.

2243 3.

"Arizona criminal justice information system" or "system" means the statewide information system managed by the director for the collection,- processing,14 preservation,- disseminationH.B. and exchange of criminal justice information and includes the electronic equipment, facilities, procedures and agreements necessary to exchange this information.

2243 collection, processing, preservation, dissemination and exchange of criminal justice information and includes the electronic equipment, facilities, procedures and agreements necessary to exchange this information.

"Criminal justice information" means information that is collected by criminal justice agencies and that is needed for the performance of their legally authorized and required functions, such as criminal history record information, citation information, stolen property information, traffic accident reports, wanted persons information and -system 15network -log H.B.searches.

2243 system network log searches.

11.- 15 - H.B.

2243 11.

-Sec. 16 - H.B.

2243 Sec.

"Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety,- the16 department- ofH.B. transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.

2243 safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.

-(n) 17Section -15-1881. H.B.

2243 (n) Section 15-1881.

(v)- Section17 32-1232.- H.B.

2243 (v) Section 32-1232.

-(ggg) 18Section -41-1968. H.B.

2243 (ggg) Section 41-1968.

6.- 18 - H.B.

2243 6.

-17. 19 - H.B.

2243 17.

23.- 19 - H.B.

2243 23.

-6. 20 - H.B.

2243 6.

15.- 20 - H.B.

2243 15.

-41. 21 - H.B.

2243 41.

45.- 21 - H.B.

2243 45.

The division shall place a notation on the fingerprint clearance card that indicates this driving -restriction. 22 - H.B.

2243 restriction.

E.- 22 - H.B.

2243 E.

-K. 23 - H.B.

2243 K.

L.- 23 - H.B.

2243 L.

-P. 24 - H.B.

2243 P.

Q.- 24 - H.B.

2243 Q.

-21. 25 - H.B.

2243 21.

22.- 25 - H.B.

2243 22.

Fingerprint clearance cards;

application processing;

employment;

definition A.

Notwithstanding any other law, for occupations and positions that are pending approval for a federal criminal records check pursuant to section 41-1750, Arizona Revised Statutes, as amended by this act, and Public Law 92-544, as identified by the department of public safety as of January 1, 2024, a person who is required to obtain and possess a valid fingerprint clearance card may be granted a temporary work authorization by the relevant agency while the person's fingerprint clearance card application is being processed if all other requirements for the work authorization, licensure, registration or certification are met.

B.

A person who is granted a temporary work authorization pursuant to subsection A of this section is authorized to work while the person's fingerprint clearance card application is being processed if the person does all of the following:

1.

Provides documentation to the relevant agency that shows the person's application for a fingerprint clearance card is pending within the department of public safety.

2.

Certifies on forms that are provided by the relevant agency and that are notarized that the person meets the following conditions:

(a) Is not awaiting trial on and has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any - 32 - H.B.

2243 of the criminal offenses listed in section 41-1758.03, subsection B or C, Arizona Revised Statutes, or section 41-1758.07, subsection B or C, Arizona Revised Statutes, as applicable, in this state or similar offenses in another state or jurisdiction.

(b) Is not subject to registration as a sex offender in this state or any other jurisdiction.

C.

The temporary work authorization pursuant to subsection A of this section expires if the department of public safety denies the issuance of a fingerprint clearance card, and the department shall notify the relevant agency of the denial.

D.

The relevant agency may do any of the following:

1.

Adopt any policies and procedures necessary to implement this section.

2.

Conduct a third-party background check of the person.

3.

Deny the temporary work authorization if the relevant agency has verifiable information that the person is awaiting trial on or has been convicted of or admitted in open court or pursuant to a plea agreement to any of the offenses described in subsection B, paragraph 2, subdivision (a) of this section or is subject to registration as a sex offender in this state or any other jurisdiction.

4.

Take appropriate disciplinary action against a person who misrepresents any of the information required pursuant to subsection B of this section.

E.

For the purposes of this section, "agency" includes a board or commission.

Sec.

7.

Conditional repeal;

notice A.

Section 6 of this act is repealed as of the date the federal bureau of investigation notifies the department of public safety that the department is approved to conduct a federal criminal records check pursuant to section 41-1750, Arizona Revised Statutes, as amended by this act, and Public Law 92-544.

B.

The department of public safety shall notify in writing the relevant agencies as prescribed in section 6 of this act and the director of the Arizona legislative council of this date.

Sec.

8.

-APPROVED 32BY -THE GOVERNOR MAY 17, 2024.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 17, 2024.

- 33 -