SENATE CONCURRENT RESOLUTION NO. 51

(By Senators Kessler and Unger)


Requesting the Joint Committee on Government and Finance study the feasibility of the State of West Virginia joining the National Crime Prevention and Privacy Compact to ensure cooperation with all jurisdictions for the exchange of criminal history records for noncriminal justice purposes.

Whereas, The National Crime Prevention and Privacy Compact creates a legal framework for the cooperative exchange of criminal history records for noncriminal justice purposes; and
Whereas, It is in the interest of the state to facilitate the dissemination of criminal history records from other states for use in West Virginia as is authorized by state law; and
Whereas, The Compact may provide the organization of an electronic information-sharing system among the federal government and states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment; and
Whereas, Under the Compact, the Federal Bureau of Investigation and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and make them available to the federal government and party states for authorized purposes; and
Whereas, Entering into the Compact may facilitate the interstate and federal-state exchange of criminal history information to streamline the processing of background checks for noncriminal justice purposes; and
Whereas, Entering into the Compact may provide a mechanism for establishing and enforcing uniform standards for record accuracy and for the confidentiality and privacy interests of record subjects; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of the State of West Virginia joining the National Crime Prevention and Privacy Compact to ensure cooperation with all jurisdictions for the exchange of criminal history records for noncriminal justice purposes; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2005, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.