[§846C-1 Compact.] The National Crime Prevention and Privacy Compact as contained herein is hereby enacted into law and entered into on behalf of the State of Hawaii with the United States Federal government and other party states in the form as follows:
OVERVIEW
(a) In general. This Compact organizes an electronic information sharing system among the Federal Government and the states to exchange criminal history records for noncriminal justice purposes authorized by Federal or state law, such as background checks for governmental licensing and employment.
(b) Obligations of parties. Under this Compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the Federal Government and to party states for authorized purposes. The FBI shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.
ARTICLE I
DEFINITIONS
"Attorney General" means the Attorney General of the United States.
"Compact officer" means:
(a) For the Federal Government, an official so designated by the Director of the FBI; and
(b) For the party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.
"Council" means the Compact Council established under Article VI.
"Criminal history records" means:
(a) Information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and
(b) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.
"Criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state.
"Criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.
"Criminal justice agency" means:
(a) Courts; and
(b) A governmental agency or any subunit thereof that performs the administration of criminal justice pursuant to a statute or executive order and allocates a substantial part of its annual budget to the administration of criminal justice and includes federal and state inspectors general offices.
"Criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.
"Criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.
"Direct access" means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.
"Executive order" means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.
"FBI" means the Federal Bureau of Investigation.
"III System" has the same meaning as "Interstate Identification Index System" and means:
(a) The cooperative Federal-state system for the exchange of criminal history records; and includes
(b) The National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI.
"National Fingerprint File" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.
"National Identification Index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.
"National indices" means the National Identification Index and the National Fingerprint File.
"Nonparty state" means a state that has not ratified this Compact.
"Noncriminal justice purposes" means uses of criminal history records for purposes authorized by Federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.
"Party state" means a state that has ratified this Compact.
"Positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.
"Sealed record information" means:
(a) With respect to adults, that portion of the record that is:
(b) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.
"State" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
ARTICLE II
PURPOSE
The purpose of this Compact is to:
(a) Provide a legal framework for the establishment of a cooperative Federal-state system for the interstate and Federal-state exchange of criminal history records for noncriminal justice uses;
(b) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, Federal and state criminal history records to requesting states, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;
(c) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;
(d) Provide for the establishment of a Council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and
(e) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
ARTICLE III
RESPONSIBILITIES OF COMPACT PARTIES
(a) FBI responsibilities. The Director of the FBI shall:
(b) State responsibilities. Each party state shall:
(c) Compliance with III System standards. In carrying out their responsibilities under this Compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.
(d) Maintenance of record services.
ARTICLE IV
AUTHORIZED RECORD DISCLOSURES
(a) State criminal history record repositories. To the extent authorized by section 552a of Title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a state statute that has been approved by the Attorney General and that authorizes national indices checks.
(b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by section 552a of Title 5, United States Code (commonly known as the "Privacy Act of 1974"), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a state statute that has been approved by the Attorney General, that authorizes national indices checks.
(c) Procedures. Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall:
ARTICLE V
RECORD REQUEST PROCEDURES
(a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.
(b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository.
A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI.
(c) Submission of Federal requests. Each request for criminal history record checks utilizing the national indices made under Federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.
(d) Fees. A state criminal history record repository or the FBI:
(e) Additional search.
ARTICLE VI
ESTABLISHMENT OF COMPACT COUNCIL
(a) Establishment.
(b) Membership. The Council shall be composed of fifteen members, each of whom shall be appointed by the Attorney General, as follows:
(c) Chairman and Vice Chairman.
(d) Meetings.
(e) Rules, procedures, and standards. The Council shall make available for public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.
(f) Assistance from FBI. The Council may request from the FBI such reports, studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.
(g) Committees. The Chairman may establish committees as necessary to carry out this Compact and may prescribe their membership, responsibilities, and duration.
ARTICLE VII
RATIFICATION OF COMPACT
This Compact shall take effect upon being entered into by two or more states as between those states and the Federal Government.
Upon subsequent entering into this Compact by additional states, it shall become effective among those states and the Federal Government and each party state that has previously ratified it.
When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
(a) Relation of Compact to certain FBI activities. Administration of this Compact shall not interfere with the management and control of the Director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
(b) No authority for nonappropriated expenditures. Nothing in this Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.
(c) Relating to Public Law 92-544. Nothing in this Compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Article VI(a), regarding the use and dissemination of criminal history records and information.
ARTICLE IX
RENUNCIATION
(a) In general. This Compact shall bind each party state until renounced by the party state.
(b) Effect. Any renunciation of this Compact by a party state shall:
ARTICLE X
SEVERABILITY
The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any party state, all other portions of this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
ARTICLE XI
ADJUDICATION OF DISPUTES
(a) In general. The Council shall:
(b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.
(c) Right of appeal. The FBI or a party state may appeal any decision of the Council to the Attorney General, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of Title 28, United States Code, or other statutory authority. [L 2006, c 83, §2]