WEST virginia legislature

2020 regular session

Committee Substitute

for

Senate Bill 676

Senators Mann, Baldwin, Jeffries, Takubo, Weld, Roberts, and Maroney, original sponsors

[Originating in the Committee on Government Organization; reported on February 5, 2020]

A BILL to amend and reenact §15-2C-6 of the Code of West Virginia, 1931, as amended, relating to permitting fees from the central abuse registry to be used for costs relating to information technology support and infrastructure; and permitting the term “criminal recordkeeping” to include data creation.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2C. CENTRAL ABUSE REGISTRY.

§15-2C-6. Fees.

The criminal identification bureau may charge, and any requester shall pay, a user charge of $10 for each request for information made by a requester to the central abuse registry. In order to expedite requests by requesters, the criminal identification bureau may establish a procedure permitting service providers or qualified entities as defined in §15-2C-1 of this code to deposit funds with the bureau in anticipation of requests. Fees pursuant to this section shall be paid into a special account in the State Treasury to be expended for: registry (1) Registry purposes and criminal recordkeeping; (2) information technology  support and infrastructure; and (3) technology-related hardware and/or software that is associated with the routine operations of the West Virginia State Police Criminal Identification Bureau, including, but not limited to, the creation, transport, storage, and delivery of criminal justice information: Provided, That for and after the fiscal year ending June 30, 1998, all expenditures shall be made in accordance with appropriation by the Legislature. Amounts collected which are found from time-to-time to exceed the funds needed for central abuse registry and criminal recordkeeping purposes may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature. For purposes of this section, the term “criminal recordkeeping” means the compiling of fingerprints, photographs, criminal disposition reports, uniform crime report statistics, and other relevant data regarding the arrest, conviction, incarceration, and post-conviction status of criminal violators and sex offenders. "Criminal record keeping" does not include the creation of any data.

NOTE: The purpose of this bill is to permit fees from the central abuse registry to be used for costs relating to information technology support and infrastructure. The bill permits the term “criminal record keeping” to include data creation.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.