An Act to Provide Public Information on Convictions of Public Officials Exposed

An Act to Provide Public Information on Convictions of Public Officials was approved by ALEC's Public Safety and Elections Task Force on July 17, 2009, approved by the ALEC Board of Directors on August 27, 2009. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

SUMMARY

An Act concerning the dissemination of conviction of information of elected officials, candidates to serve as elected officials, or Agency Directors; and for other purposes.

SECTION 1. DEFINITIONS.

As used in this subchapter:

(1)

(A) "Administration of criminal justice" means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.

(B) "Administration of criminal justice"also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information;

(2)

(A) "Agency director" means any agency head, department director, or division director of state government.

(B) "Agency director" includes without limitation a person serving as an interim or acting agency head, department director, or division director of state government;

(3) "Conviction information" means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information;

(4)

(A) "Elected official" means a person elected by qualified electors to a municipal, county, or state office or as a member of a school district board of directors.

(B) "Elected official" includes without limitation a person elected to the office of constable;

(5) "Sealed or expunged" means that the record in question is sealed, sequestered, and treated as confidential as provided by law, including a pardon issued by the Governor.

SECTION 2. AVAILABILITY OF CONVICTION INFORMATION.

(1) Conviction information shall be made available to a person requesting the conviction information of:

(A) An elected official;

(B)

(i) A candidate to serve as an elected official.

(ii) For purposes of this subdivision, a person becomes a candidate to serve as an elected official when he or she files the documents required for candidacy as the elected official at issue; or

(C) An agency director.

(2) Conviction information under this section does not include a record of an offense that is sealed or expunged.

(3)

(A) Any fee for copies of information under this section shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the information.

(B) The fee under this section may include the actual cost of mailing or transmitting the information by facsimile or other electronic means.

(C) A person requesting criminal history information under this section shall receive an itemized breakdown of charges upon request.

(4)

(A) A person requesting criminal history information under this section shall submit at the time of his or her request documentation that verifies that the person whose criminal history information is requested is an elected official, a candidate to serve as an elected official, or an agency director.

(B) Documentation under this subdivision is limited to a:

(i) Statement of financial interest or any other document that is signed, dated, and notarized by the elected official, a candidate to serve as an elected official, or an agency director and filed with a state governmental agency; or

(ii) Document created by an agency, division, or department of state government reflecting that an individual is an elected official or an agency director.

(C) Documentation under this subdivision shall have been created:

(i) On or after January 1, 2012; and

(ii) Within one (1) year of the date of the request for the criminal history information.

(5)

(A) Requests for criminal history information under this section shall be made to the Identification Bureau of the Department of State Police.

(B) The Identification Bureau of the Department of [insert state] State Police shall maintain a record of all persons requesting information under this section.

(6) The consent of an elected official, a candidate to serve as an elected official, or an agency director is not required for the provision of conviction information under this section.

SECTION 3. REPEALS. The following are repealed: ________.

SECTION 4. EFFECTIVE DATE. This [act] takes effect _______.

Approved by the Public Safety and Elections Task Force on July 17, 2009.

Approved by the ALEC Board of Directors on August 27, 2009.