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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
521
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
CRIMINAL
HISTORY
RECORDS
AND
CRIME
INFORMATION;
AMENDING
SEC
-
2
TION
67
-
3008,
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
THE
RELEASE
3
OF
CRIMINAL
HISTORY
RECORD
INFORMATION
AND
TO
MAKE
TECHNICAL
CORREC
-
4
TIONS;
AMENDING
CHAPTER
30,
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
5
NEW
SECTION
67
-
3008A,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
6
SUBMISSION
BY
A
COVERED
ENTITY
FOR
FINGERPRINT
SCREENING;
AND
DECLARING
7
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Section
67
-
3008,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
67
-
3008.
RELEASE
OF
CRIMINAL
HISTORY
RECORD
INFORMATION.
(1)
All
12
units
of
state,
city,
and
local
governments
;
and
any
agency
of
the
state
cre
-
13
ated
by
the
legislature
that
requires
,
by
statute,
rule,
or
local
or
county
14
ordinance
,
fingerprinting
of
applicants
or
licensees
;
and
any
persons
as
-
15
sociated
with
private,
noncriminal
justice
entities
that
qualify
under
the
16
national
child
protection
act
of
1993
and
volunteers
for
children
act
that
17
serve
vulnerable
populations
such
as
children,
the
elderly,
and
individuals
18
with
disabilities
are
authorized
to
submit
fingerprints
to
the
bureau
for
19
examination
and
for
further
submission,
if
necessary,
to
the
federal
bureau
20
of
investigation.
The
bureau
shall
be
the
state's
sole
source
of
fingerprint
21
submissions
to
the
federal
bureau
of
investigation
for
criminal
justice
and
22
applicant
or
licensing
purposes
to
the
federal
bureau
of
investigation
.
23
(2)
The
department
shall
provide
copies
of
or
communicate
information
24
from
criminal
history
records
to
the
following:
25
(a)
Criminal
justice
agencies
and
the
court;
26
(b)
A
person
or
public
agency
or
private
entity,
upon
written
applica
-
27
tion
on
a
form
approved
by
the
director
and
provided
by
the
department,
28
subject
to
the
following
restrictions:
29
(i)
A
request
for
criminal
history
records
must
be
submitted
in
30
writing
or
as
provided
by
rule.
However,
the
department
shall
ac
-
31
cept
a
request
presented
in
person
by
the
subject
of
the
record;
32
(ii)
The
request
must
identify
a
specific
person
by
name
and
date
33
of
birth.
Fingerprints
of
the
person
named
may
be
required
to
es
-
34
tablish
positive
identification;
35
(iii)
Responding
to
the
request
does
not
interfere
with
the
secure
36
and
orderly
conduct
of
the
department
and
would
not
substantially
37
prejudice
or
prevent
the
carrying
out
of
the
functions
of
the
de
-
38
partment;
39
(iv)
A
record
of
an
arrest
that
does
not
contain
a
disposition
af
-
40
ter
twelve
(12)
months
from
the
date
of
arrest
may
only
be
dissem
-
41
inated
by
the
department
to
criminal
justice
agencies,
to
the
sub
-
42
2
ject
of
the
record,
or
to
a
person
requesting
the
criminal
history
1
information
with
a
signed
release
from
the
subject
of
the
record;
2
and
3
(v)
Any
release
of
criminal
history
data
by
the
department
shall
4
prominently
display
the
statement:
"AN
ARREST
WITHOUT
DISPOSI
-
5
TION
IS
NOT
AN
INDICATION
OF
GUILT."
6
(3)
Judicial
review
of
the
department's
denial
of
a
request
for
records
7
shall
be
in
accordance
with
the
provisions
of
section
74
-
115,
Idaho
Code.
8
(4)
A
request
for
a
criminal
history
record
by
a
criminal
justice
agency
9
or
a
court
shall
take
precedence
over
all
other
requests.
The
department
10
shall
adopt
rules
to
set
forth
the
manner
by
which
criminal
justice
agencies
1
1
and
courts
without
direct
access
to
the
public
safety
and
security
informa
-
12
tion
system
established
by
section
19
-
5202,
Idaho
Code,
may
request
Idaho
13
criminal
history
record
information.
14
(5)
Unless
otherwise
provided
by
law,
access
authorized
under
this
15
section
to
criminal
history
records
does
not
create
a
duty
upon
a
person,
16
employer,
private
entity,
or
public
agency
to
examine
the
criminal
history
17
record
of
an
applicant,
employee
or
volunteer.
18
(6)
A
person
or
private
entity,
or
public
agency,
other
than
the
depart
-
19
ment,
shall
not
disseminate
criminal
history
record
information
obtained
20
from
the
department
to
a
person
or
agency
that
is
not
a
criminal
justice
21
agency
or
a
court
without
a
signed
release
of
the
subject
of
record
or
unless
22
otherwise
provided
by
law.
23
(7)
Direct
access
to
criminal
history
record
information
is
regulated
24
by
chapter
52,
title
19,
Idaho
Code,
and
the
rules
adopted
pursuant
to
that
25
chapter.
26
SECTION
2.
That
Chapter
30,
Title
67,
Idaho
Code,
be,
and
the
same
is
27
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
28
ignated
as
Section
67
-
3008A,
Idaho
Code,
and
to
read
as
follows:
29
67
-
3008A.
SUBMISSION
BY
A
COVERED
ENTITY
FOR
FINGERPRINT
SCREEN
-
30
ING.
(1)
Any
private,
noncriminal
justice
entities
qualifying
to
partic
-
31
ipate
under
the
national
child
protection
act
of
1993
and
volunteers
for
32
children
act,
as
amended,
that
serve
vulnerable
populations
such
as
chil
-
33
dren,
the
elderly,
and
individuals
with
disabilities
are
authorized
to
34
submit
fingerprints
to
the
bureau
for
examination
and
for
further
submis
-
35
sion,
if
necessary,
to
the
federal
bureau
of
investigation
for
a
criminal
36
history
records
check.
The
bureau
shall
be
the
state's
sole
source
of
fin
-
37
gerprint
submissions
to
the
federal
bureau
of
investigation
for
applicant
or
38
licensing
purposes.
39
(2)
A
qualified
entity
shall
submit
a
request
for
fingerprint
screen
-
40
ing
to
the
bureau
for
a
covered
individual,
independent
contractor,
vendor
41
employee,
or
volunteer
of
the
qualified
entity
who
has
supervised
or
unsu
-
42
pervised
access
to
children,
the
elderly,
or
individuals
with
disabilities
43
for
eligibility
screening
of
any
state
criminal
history
records
and
for
for
-
44
warding
to
the
federal
bureau
of
investigation
for
its
report
on
the
criminal
45
history
of
that
person.
46
(3)
The
bureau
shall
provide
written
notification
to
any
person
being
47
screened
regarding
the
right
of
the
person
to
obtain
a
copy
of
his
background
48
screening
report,
including
without
limitation
any
records
of
criminal
his
-
49
3
tory
contained
in
the
report,
to
appeal
the
results
of
the
background
screen
-
1
ing
report,
to
challenge
the
accuracy
and
completeness
of
any
information
2
contained
therein,
and
to
obtain
a
determination
as
to
the
validity
of
such
a
3
challenge
before
the
qualified
entity
makes
a
final
determination
as
to
the
4
fitness
of
the
person
to
have
responsibility
for
the
safety
and
well
-
being
of
5
vulnerable
populations.
6
(4)
A
request
submitted
pursuant
to
subsection
(2)
of
this
section
7
shall
be
accompanied
by
the
payment
of
a
fee
to
the
bureau
as
authorized
by
8
section
67
-
3010,
Idaho
Code,
plus
the
amount
prescribed
by
the
federal
bu
-
9
reau
of
investigation
for
its
report
on
the
criminal
history
of
the
person
in
10
accordance
with
the
provisions
of
34
U.S.C.
40102(e).
1
1
(5)
After
a
request
is
submitted
pursuant
to
subsection
(2)
of
this
sec
-
12
tion,
the
bureau
shall
provide
directly
to
the
qualified
entity:
13
(a)
Any
records
of
criminal
history
of
the
person
being
screened
that
14
are
not
otherwise
confidential
pursuant
to
applicable
statute
or
law;
15
and
16
(b)
Any
records
of
criminal
history
of
the
person
being
screened
that
17
were
received
from
the
federal
bureau
of
investigation.
Any
records
of
18
criminal
history
obtained
shall
be
available
for
qualified
entities
to
19
use
only
for
the
purpose
of
screening
covered
individuals,
independent
20
contractors,
vendor
employees,
or
volunteers
of
the
qualified
entity
21
who
have
supervised
or
unsupervised
access
to
vulnerable
populations.
22
(6)
Determination
as
to
the
fitness
of
a
person
to
have
responsibility
23
for
the
safety
and
well
-
being
of
vulnerable
populations
shall
be
the
sole
re
-
24
sponsibility
of
the
qualified
entity
that
submitted
the
request
for
screen
-
25
ing.
26
(7)
The
bureau
may
audit
any
qualified
entity
that
submits
a
request
27
for
screening
pursuant
to
subsection
(2)
of
this
section
to
ensure
compli
-
28
ance
with
all
applicable
state
and
federal
laws.
Each
qualified
entity
shall
29
maintain
all
signed
waivers
allowing
such
requests
for
the
purpose
of
an
au
-
30
dit
for
at
least
one
(1)
audit
cycle
or
for
as
long
as
the
screened
individual
31
is
employed
by
or
volunteers
for
the
qualified
entity,
whichever
is
greater.
32
(8)
As
used
in
this
section:
33
(a)
"Covered
individual"
means
an
individual
who
has,
seeks
to
have,
or
34
may
have
access
to
children,
the
elderly,
or
individuals
with
disabili
-
35
ties
served
by
a
qualified
entity
and:
36
(i)
Is
employed
by,
volunteers
with,
or
seeks
to
be
employed
by
or
37
volunteer
with
a
qualified
entity;
38
(ii)
Owns
or
operates,
or
seeks
to
own
or
operate,
a
qualified
en
-
39
tity;
or
40
(iii)
Is
an
independent
contractor
or
vendor
working
or
volunteer
-
41
ing
in
the
same
capacity
as
an
employee
or
volunteer
of
a
qualified
42
entity.
43
(b)
"Qualified
entity"
means
a
business
or
organization,
whether
pub
-
44
lic,
private,
for
-
profit,
not
-
for
-
profit,
or
volunteer,
that
meets
the
45
qualifications
to
participate
in
criminal
history
records
screening
46
pursuant
to
P.L.
103
-
209,
the
national
child
protection
act
of
1993,
as
47
amended,
and
28
CFR
105,
subpart
D,
the
child
protection
improvements
48
act.
49
4
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3