§ 2056a. Dissemination of criminal history records to criminal justice agencies

(a) As used in this section:

(1) "Criminal history record" means all information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody and supervision.

(2) "Criminal justice agencies" means all Vermont courts and other governmental agencies or subunits thereof that allocate at least 50 percent of the agency's annual appropriation to criminal justice purposes.

(3) "Criminal justice purposes" means the investigation, apprehension, detention, adjudication or correction of persons suspected, charged or convicted of criminal offenses. Criminal justice purposes shall also include criminal identification activities, the collection, storage and dissemination of criminal history records and screening for criminal justice employment.

(4) "The center" means the Vermont crime information center.

(b) A criminal justice agency may request a person's criminal history record from the center for criminal justice purposes or other purposes authorized by state or federal law. Upon the request of a criminal justice agency, the center shall prepare and release a person's Vermont criminal history record, provided that the criminal justice agency has filed a user's agreement with the center. The user's agreement shall require the criminal justice agency to comply with all federal and state laws, rules, regulations and policies regulating the release of criminal history records and the protection of individual privacy. The user's agreement shall be signed and kept current by the agency.

(c) A criminal justice agency may obtain criminal history records from other states and the Federal Bureau of Investigation through the center, provided that the criminal justice agency has filed a user's agreement with the center. Release of interstate and Federal Bureau of Investigation criminal history records to criminal justice agencies is subject to the rules and regulations of the Federal Bureau of Investigation's National Crime Information Center.

(d) A criminal history record obtained from the center shall be admissible evidence in the courts of this state.

(e) No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this subchapter.

(f) A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. (Added 1999, No. 151 (Adj. Sess.), § 5.)