16 §613. Limitations on dissemination of nonconviction data

Title 16: COURT PROCEDURE -- EVIDENCE

Chapter 3: RECORDS AND OTHER DOCUMENTS

Subchapter 8: CRIMINAL HISTORY RECORD INFORMATION ACT

§613. Limitations on dissemination of nonconviction data

Except as provided in section 612, subsections 2 and 3, dissemination of nonconviction data by a criminal justice agency, whether directly or through any intermediary, shall be limited to: [1979, c. 433, §2 (NEW).]

1. Criminal justice agencies. Other criminal justice agencies for the purpose of the administration of criminal justice and criminal justice agency employment;

[ 1979, c. 433, §2 (NEW) .]

2. Under express authorization. Any person for any purpose when expressly authorized by statute, executive order, court rule, court decision or court order. Express authorization shall mean language in the statute, executive order, or court rule, decision or order which specifically speaks of nonconviction data or specifically refers to one or more of the types of nonconviction data;

[ 1979, c. 433, §2 (NEW) .]

3. Under specific agreements. Any person with a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice or to conduct investigations determining the employment suitability of prospective law enforcement officers. The agreement shall specifically authorize access to data, limit the use of the data to purposes for which given, insure security and confidentiality of the data consistent with this subchapter and provide sanctions for any violations; and

[ 1979, c. 433, §2 (NEW) .]

4. Research activities. Any person for the express purpose of research, evaluation or statistical purposes or under an agreement with the criminal justice agency. The agreement shall specifically authorize access to data, limit the use of data to research, evaluation or statistical purposes, insure the confidentiality and security of the data consistent with this subchapter and provide sanctions for any violations.

[ 1979, c. 433, §2 (NEW) .]

SECTION HISTORY

1979, c. 433, §2 (NEW).