North Dakota Code 12-60-16.1 – Definitions
As used in this chapter and in section 12.1-32-15, unless the context otherwise requires:
Terms Used In North Dakota Code 12-60-16.1
- Arrest: Taking physical custody of a person by lawful authority.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. “Biometric data” includes fingerprints, palm prints, voice prints, retinal or iris images, facial recognition, and DNA profiles.
2. “Bureau” means the bureau of criminal investigation.
3. “Court” means the supreme court, district courts, and municipal courts of the North Dakota judicial system.
4. “Criminal history record” means the compilation of criminal history record information of a person reported to the bureau in accordance with this chapter.
5. “Criminal history record information” includes information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other criminal charges, any dispositions arising therefrom, sentencing, correctional supervision, and release.
6. “Criminal justice agency” means any government law enforcement agency or entity authorized by law to provide information regarding, or to exercise the powers of, arrest, detention, prosecution, correctional supervision, rehabilitation, or release of persons suspected in, charged with, or convicted of, a crime.
7. “Disseminate” means to transmit criminal history record information in any oral or written form. The term does not include:
a. The transmittal of the information within a criminal justice agency. b. The reporting of the information as required by section 12-60-16.2.
c. The transmittal of the information between criminal justice agencies in order to permit the initiation of subsequent criminal justice proceedings against a person relating to the same offense.
8. “Noncriminal justice agency” means an entity that is not a criminal justice agency.
9. “Record subject” means the person who is the primary subject of a criminal history record. The term includes any representative designated by that person by power of attorney or notarized authorization. If the subject of the record is under legal disability, the term includes that person’s parents or duly appointed legal representative.
10. “Reportable event” means an interaction with a criminal justice agency for which a report is required to be filed under section 12-60-16.2. The term includes only those events in which the subject of the event is an adult or a juvenile adjudicated as an adult.