As Amended
SEC. 45-31-5. Dissemination of information to authorized employers; limitations; use of information; conflicts of law; information exempt from disclosure requirements.
(1) Sex offense criminal history record information authorized for dissemination under the terms of this chapter shall be disseminated to authorized employers subject to the limitations contained herein.
(2) This chapter permits an employer to consider an employee's sex offense criminal history record when making a decision to hire, retain, suspend or discharge the employee.
(3) This chapter shall not be construed to restrict the release of criminal history record information authorized by other statutes. Conflicts which arise between this chapter and other statutes shall be resolved in favor of the statute which authorizes maximum disclosure of information.
(4) Except as provided in subsection (5)(e) of this section, this chapter exempts sex offenses from laws of this state or court orders authorizing the destroying, expunging, purging or sealing of criminal history records to the extent such information is authorized for dissemination under this chapter.
(5) This chapter applies to criminal history record information required by law to be kept by law enforcement agencies. The following are excluded from the provisions of this chapter:
(a) Information pertaining to law enforcement agencies' intelligence gathering activities and to other on-going criminal investigations, if requested by a law enforcement agency to be excluded;
(b) Information obtained from a criminal justice agency report or other investigation report;
(c) False or fictitious criminal history information intentionally fabricated and included in criminal history record files where such information is for use in an on-going undercover criminal investigation;
(d) Information for statistical or research purposes in which individuals are not identified and from which individual identities cannot be ascertained; and
(e) Juvenile criminal history record information which has been sealed by order of the court.
SOURCES: Laws, 1987, ch. 465, Sec. 4, eff from and after July 1, 1987.