16 §611. Definitions
Title 16: COURT PROCEDURE -- EVIDENCE
Chapter 3: RECORDS AND OTHER DOCUMENTS
Subchapter 8: CRIMINAL HISTORY RECORD INFORMATION ACT
§611. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 433, §2 (NEW).]
1. Administration of criminal justice. "Administration of criminal justice" means detection, apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. It includes criminal identification activities and the collection, storage and dissemination of criminal history record information.
[ 1979, c. 433, §2 (NEW) .]
2. Conviction data. "Conviction data" means criminal history record information other than nonconviction data.
[ 1979, c. 433, §2 (NEW) .]
3. Criminal history record information. "Criminal history record information" means notations or other written evidence of an arrest, detention, complaint, indictment, information or other formal criminal charge relating to an identifiable person. It shall include the identification or description of the person charged and any disposition of the charge. The term does not include identification information such as fingerprints, palm prints or photographic records to the extent that the information does not indicate involvement of the individual in the criminal justice system. The term does not include records of civil violations.
[ 1979, c. 433, §2 (NEW) .]
4. Criminal justice agency. "Criminal justice agency" means a federal, state, district, county or local government agency or any subunit thereof that performs the administration of criminal justice under a statute or executive order, and that allocates a substantial part of its annual budget to the administration of criminal justice. Courts and the Department of the Attorney General are considered criminal justice agencies. "Criminal justice agency" also includes any equivalent agency at any level of Canadian government.
[ 1995, c. 216, §1 (AMD) .]
5. Disposition. "Disposition" means the conclusion of criminal proceedings, and includes acquittal, acquittal by reason of mental disease or defect, filing of case, dismissal of charge, dismissal of charge due to mental incompentency, continuance due to mental incompetence, guilty plea, nolo contendere plea, nolle prosequi, conviction, sentence, death of defendant, mistrial, new trial granted, release from correctional supervision, parole, pardon, amnesty or extradition. If the disposition is that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings, it shall include the nature of the termination or conclusion of the proceedings. If the disposition is that the proceedings have been indefinitely postponed, it shall include the reason for that postponement.
[ 1979, c. 433, §2 (NEW) .]
6. Dissemination. "Dissemination" means the transmission of information, whether orally, in writing or by electronic means by or to anyone outside the agency which maintains the information.
[ 1979, c. 433, §2 (NEW) .]
7. Executive order. "Executive order" means an order of the President of the United States or the chief executive of a state which has the force of law and which is published in a manner permitting regular public access thereto.
[ 1979, c. 433, §2 (NEW) .]
8. Intelligence and investigative information. "Intelligence and investigative information" means information collected by criminal justice agencies or at the direction of criminal justice agencies in an effort to anticipate, prevent or monitor possible criminal activity, including operation plans of the collecting agency or another agency, or information compiled in the course of investigation of known or suspected crimes, civil violations and prospective and pending civil actions. "Intelligence and investigative information" does not include information that is criminal history record information.
[ 1993, c. 719, §12 (AFF); 1993, c. 719, §6 (AMD) .]
9. Nonconviction data. "Nonconviction data" means criminal history record information of the following types:
A. Arrest information without disposition, if an interval of one year has elapsed from the date of the arrest and no active prosecution of the charge is pending. To be an active prosecution the case must be still actively in process, with arraignment completed and the case docketed for court trial; [1979, c. 433, §2 (NEW).]
B. Information disclosing that the police have elected not to refer a matter to a prosecutor; [1979, c. 433, §2 (NEW).]
C. Information disclosing that a prosecutor has elected not to commence criminal proceedings; [1979, c. 433, §2 (NEW).]
D. Information disclosing that criminal proceedings have been indefinitely postponed, e.g. a "filed" case, or a case which cannot be tried because the defendant is found to be mentally incompetent to stand trial; [1979, c. 433, §2 (NEW).]
E. A dismissal; [1979, c. 433, §2 (NEW).]
F. An acquittal, excepting an acquittal by reason of mental disease or defect; and [1979, c. 433, §2 (NEW).]
G. Information disclosing that a person has been granted a full and free pardon or amnesty. [1979, c. 433, §2 (NEW).]
[ 1979, c. 433, §2 (NEW) .]
10. Person. "Person" means an individual, government agency or a corporation, partnership or unincorporated association.
[ 1979, c. 433, §2 (NEW) .]
11. State. "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico and any territory or possession of the United States.
[ 1979, c. 433, §2 (NEW) .]
12. Statute. "Statute" means an Act of Congress or of a state legislature or a provision of the Constitution of the United States or of a state.
[ 1979, c. 433, §2 (NEW) .]
SECTION HISTORY
1979, c. 433, §2 (NEW). 1983, c. 787, §1 (AMD). 1993, c. 719, §§5,6 (AMD). 1993, c. 719, §12 (AFF). 1995, c. 216, §1 (AMD).