House Bill No. 432

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act authorizing the dissemination of criminal history record information relating to an applicant for employment or appointment to a volunteer position at a long-term care facility to the chief administrator of the facility if the administrator provides the applicant's fingerprints to the department of justice or other criminal justice agency; and amending section

44-5-302, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 44-5-302, MCA, is amended to read:

"44-5-302.   Dissemination of criminal history record information that is not public criminal justice information. (1) Criminal history record information may not be disseminated to agencies other than criminal justice agencies unless:

(a)  the information is disseminated with the consent or at the request of the individual about whom it relates according to procedures specified in 44-5-214 and 44-5-215;

(b)  a district court considers dissemination necessary;

(c)  the information is disseminated in compliance with 44-5-304; or

(d)  the agency receiving the information is authorized by law to receive it.

(2)  The department of justice and other criminal justice agencies may accept fingerprints of applicants for:

(a) admission to the state bar of Montana and shall, with respect to a bar admission applicant whose fingerprints are given to the department or agency by the state bar, exchange available local, state, multistate, local, federal (to the extent allowed by federal law), and other criminal history record information with the state bar for licensing purposes; or

(b) employment or for appointment as a volunteer at a long-term care facility, as defined in 50-5-101, and shall, with respect to the applicant or appointee whose fingerprints are given to the department or agency by the chief administrative officer, exchange available local, state, multistate, federal (to the extent allowed by federal law), and other criminal history record information with the chief administrative officer of a long-term care facility for employment or appointment purposes."

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