Okla. Stat. tit. 74 § 150.9a

Current through Laws 2024, c. 453.

Section 150.9a - Oklahoma Crime Prevention and Privacy Compact Act - Legislative findings - Definitions - Effect on other statutes

A. This section shall be known and may be cited as the "Oklahoma Crime Prevention and Privacy Compact Act".

B. The State of Oklahoma finds that:

1. Both the Federal Bureau of Investigation and state criminal history record repositories maintain fingerprint-based criminal history records;

2. These criminal history records are shared and exchanged for criminal justice purposes through a federal-state program known as the Interstate Identification Index System;

3. Although these records are also exchanged for legally authorized, noncriminal justice uses, such as governmental licensing and employment background checks, the purposes for and procedures by which they are exchanged vary widely from state to state;

4. An interstate and federal-state compact is necessary to facilitate authorized interstate criminal history record exchanges for noncriminal justice purposes on a uniform basis, while permitting each state to effectuate its own dissemination policy within its own borders; and

5. The Compact will allow federal and state records to be provided expeditiously to governmental and nongovernmental agencies that use these records in accordance with pertinent federal and state law, while simultaneously enhancing the accuracy of the records and safeguarding the information contained therein from unauthorized disclosure or use.

C. As used in this section:

1. "Attorney General" means the Attorney General of the United States;

2. "Compact" means the National Crime Prevention and Privacy Compact set forth in sections of this act;

3. "Council" means the Compact Council established under Article VI of the Compact;

4. "FBI" means the Federal Bureau of Investigation;

5. "Party state" means a state that has ratified the Compact; and

6. "State" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

D. This section shall have the following effect on other statutes:

1. Privacy Act of 1974. Nothing in this section or the Compact shall affect the obligations and responsibilities of the FBI under Section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974);

2. Access to certain records not affected. Nothing in this section or the Compact shall interfere in any manner with:

a. access, direct or otherwise, to records pursuant to:

(1) Section 9109 of Title 5, United States Code,

(2) the National Child Protection Act,

(3) the Brady Handgun Violence Prevention Act (Public Law 103-159; 107 Stat. 1536),

(4) the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 2074) or any amendment made by that act,

(5) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), or

(6) the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), or

b. any direct access to federal criminal history records authorized by law;

3. Authority of FBI Under Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973. Nothing in this section or the Compact shall be construed to affect the authority of the FBI under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544; 86 Stat. 1115);

4. Federal Advisory Committee Act. The Council shall not be considered to be a federal advisory committee for purposes of the Federal Advisory Committee Act (5 U.S.C. App.); and

5. Members of Council Not Federal Officers or Employees. Members of the Council (other than a member from the FBI or any at-large member who may be a federal official or employee) shall not, by virtue of such membership, be deemed:

a. to be, for any purpose other than to effect the Compact, officers or employees of the United States (as defined in Sections 2104 and 2105 of Title 5, United States Code), or

b. to become entitled by reason of Council membership to any compensation or benefit payable or made available by the federal government to its officers or employees.

Okla. Stat. tit. 74, § 150.9a

Added by Laws 2001 , HB 1374, c. 261, §3, emerg. eff. 7/1/2001.