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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
central state repository; offenses
Purpose
Effective January 1, 2023, allows the Department of Public Safety (DPS) to procure criminal justice information other than felony offenses, offenses involving domestic violence, sexual assault or driving under the influence (DUI).
Background
DPS is responsible for the effective operation of the Central State Repository in order to collect, store and disseminate complete and accurate Arizona criminal history records and related criminal justice information. DPS must: 1) procure from all criminal justice agencies in Arizona accurate and complete personal identification data, fingerprints, charges, process control numbers and dispositions and such other information as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as a criminal defendant for a felony offense, offenses involving domestic violence, sexual offenses or a DUI; and 2) collect information concerning the number and nature of offenses known to have been committed in Arizona and of the legal steps taken in connection with these offenses, such other information that is useful in the study of crime and in the administration of criminal justice and all other information deemed necessary to operate the statewide uniform crime reporting program and to cooperate with the federal government uniform crime reporting program (A.R.S. § 41-1750).
According to the Office of the Auditor General's performance audit of the DPS Central Repository of Criminal History Records, DPS could unknowingly issue or not suspend some fingerprint clearance cards because statutes do not require at least 28 misdemeanor offenses that would preclude an individual from obtaining a fingerprint clearance card to be reported to and included in the central repository (OAG).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires DPS to procure, and requires criminal justice agencies to provide to DPS, specified criminal history information for all offenses that are considered precluding offenses for:
a) licensure or certification as a private investigator;
b) licensure or certification as a private security guard;
c) a standard fingerprint clearance card; and
d) a Level 1 fingerprint clearance card.
2. Allows DPS to procure criminal history records and related criminal justice information for violations that are not listed in current statute.
3. Allows criminal justice agencies to provide DPS with criminal history records and related criminal justice information for violations not listed in current statute.
4. Makes technical changes.
5. Becomes effective on January 1, 2023.
Amendments Adopted by the House of Representatives
· Adds a delayed effective date of January 1, 2023.
Senate Action House Action
JUD 2/17/22 DP 7-0-1 MAPS 3/21/22 DP 14-0-0-1
3rd Read 2/23/22 28-0-2 3rd Read 4/7/22 52-0-8
Prepared by Senate Research
April 12, 2022
ZD/HK/sr