§ 31-9-2-22.5 — "Conduct a criminal history check"

Indiana § 31-9-2-22.5

• Jurisdiction: Indiana
• Art. 9: DEFINITIONS

Text

5. "Conduct a criminal history check", for
purposes of IC 31-19, IC 31-26, IC 31-27, IC 31-28, IC 31-33, IC 31-34, IC 31-37, and IC 31-39-2-13.5, means to:
(1) request:
(A) the state police department to conduct a:
(i) fingerprint based criminal history background check of
both national and state records data bases concerning a
person who is at least eighteen (18) years of age in
accordance with IC 10-13-3-27 and IC 10-13-3-39; or
(ii) national name based criminal history record check (as
defined in IC 10-13-3-12.5) of a person who is at least
eighteen (18) years of age as provided by IC 10-13-3-27.5; or
(B) if an individual has:
(i) a physical disability that prevents fingerprinting and a
person approved by the department who is trained to take
fingerprints or a qualified medical practitioner (as defined in
IC 31-9-2-100.5) verifies that the individual has a disabling
condition that prevents fingerprinting; or
(ii) low quality fingerprints, as a result of age, occupation, or
otherwise, that prevent fingerprint results from being
obtained and the individual's fingerprints have been rejected
the required number of times by automated fingerprint
classification equipment or rejected by a person designated
by the Indiana state police department to examine and
classify fingerprints;
the state police department to conduct a national name based
criminal history record check (as defined in IC 10-13-3-12.5)
or request the state police department to release or allow
inspection of a limited criminal history (as defined in IC 10-13-3-11) and the state police in every state the individual
has resided in the past five (5) years to release or allow
inspection of the state's criminal history;
(2) collect each substantiated report of child abuse or neglect
reported in a jurisdiction where a probation officer, a caseworker,
or the department of child services has reason to believe that a
person who is fourteen (14) years of age or older, or a person for
whom a fingerprint based criminal history background check is
required under IC 31, resided within the previous five (5) years;
(3) conduct a check of the national sex offender registry
maintained by the United States Department of Justice for all
persons who are at least fourteen (14) years of age; and
(4) conduct a check of local criminal records in every jurisdiction
where a person who is at least eighteen (18) years of age has
resided within the previous five (5) years unless the department
of child services or a court grants an exception to conducting this
check.

Legislative History

As added by P.L.234-2005, SEC.81. Amended by P.L.145-2006, SEC.183; P.L.138-2007, SEC.13; P.L.162-2011, SEC.5; P.L.104-2015, SEC.7; P.L.25-2017, SEC.2; P.L.243-2019, SEC.3.