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(8) D.C. Code section 22-406-mayhem or (29) D.C. Code section 22–3003—second demaliciously disfiguring;

gree sexual abuse; (9) D.C. Code section 22-801—burglary;

(30) D.C. Code section 22-3004—third degree (10) D.C. Code section 22–1101-cruelty to sexual abuse; children;

(31) D.C. Code section 22–3005-fourth de(11) D.C. Code section 22–1312(b)lewd, in- gree sexual abuse; decent, or obscene acts (knowingly in the (32) D.C. Code section 22-3006-mispresence of a child under the age of 16 years); demeanor sexual abuse; (12) D.C. Code section 22–1901—incest;

(33) D.C. Code section 22–3008—first degree (13) D.C. Code section 22–2001—kidnapping; child sexual abuse; (14) D.C. Code section 22-2101–murder in (34) D.C. Code section 22–3009second dethe first degree;

gree child sexual abuse; (15) D.C. Code section 22-2102—murder in (35) D.C. Code section 22-3010—enticing a the first degree-obstructing railroad;

child; (16) D.C. Code section 22–2103murder in

(36) D.C. Code section 22–3013—first degree the second degree;

sexual abuse of a ward; (17) D.C. Code section 22-2105—voluntary

(37) D.C. Code section 22–3014–second demanslaughter only;

gree sexual abuse of a ward; (18) D.C. Code section 22-2106—murder of a

(38) D.C. Code section 22-3015—first degree law enforcement officer;

sexual abuse of a patient or client; (19) D.C. Code section 22-2201-certain ob

(39) D.C. Code section 22-3016second descene activities involving minors;

gree sexual abuse of a patient or client; (20) D.C. Code section 22–2704_abducting,

(40) D.C. Code section 22-3018-attempts to enticing, or harboring a child for prostitu

commit sexual offenses; tion;

(41) D.C. Code section 22-3102—sexual per(21) D.C. Code section 22-2705—pandering;

formances using minors; inducing or compelling an individual to en

(42) D.C. Code section 22–3801(a) [repealed

May 23, 1995)-indecent acts with children; gage in prostitution; (22) D.C. Code section 22-2706_compelling

(43) D.C. Code section 22-3801(b) [repealed an individual to live life of prostitution

May 23, 1995]/enticing a child;

(44) D.C. Code section 22–3802(a) [repealed against his or her will; (23) D.C. Code section 22-2708—causing

May 23, 1995)-sodomy where the offense was

forcible or committed against a minor; spouse to live in prostitution;

(45) D.C. Code section 22-4801 [repealed May (24) D.C. Code section 22-2709_detaining an individual in disorderly house for debt there

23, 1995)—forcible rape, carnal knowledge or contracted;

statutory rape;

(46) D.C. Code section 22–1803 or section 22– (25) D.C. Code section 22–2801—robbery;

1805a-attempt or conspiracy to commit any (26) D.C. Code section 22–2802-attempted

of the offenses listed in items (1) through (45) robbery;

of this table. (27) D.C. Code section 22–2803—carjacking;

(28) D.C. Code section 22–3002—first degree [67 FR 54100, Aug. 21, 2002, as amended at 68 sexual abuse;

FR 19742, Apr. 22, 2003]

CHAPTER IX-NATIONAL CRIME PREVENTION

AND PRIVACY COMPACT COUNCIL

Part 901 902

Fingerprint submission requirements
Dispute Adjudication Procedures

Page 757 757

SUBMISSION REQUIREMENTS

state's Control Terminal Agency.

Sec. 901.1 Purpose and authority. 901.2 Interpretation of fingerprint submis

sion requirements. 901.3 Approval of delayed fingerprint sub

mission request. AUTHORITY: 42 U.S.C. 14616.

SOURCE: 66 FR 27863, May 21, 2001, unless otherwise noted.

$901.1 Purpose and authority.

The Compact Council is established pursuant to the National Crime Prevention and Privacy Compact (Compact), Title 42, U.S.C., Chapter 140, Subchapter II, Section 14616. The purpose of these provisions is to interpret the Compact, as it applies to the required submission of fingerprints, along with requests for Interstate Identification Index (III) records, by agencies authorized to access and receive criminal history records under Public Law 92–544, and to establish protocols and procedures applicable to the III and its use for noncriminal justice purposes.

8901.3 Approval of delayed fingerprint

submission request. (a) A State may, based upon exigent circumstances, apply for delayed submission of fingerprints supporting requests for III records by agencies authorized to access and receive criminal history records under Public Law 92544. Such applications must be sent to the Compact Council Chairman and include information sufficient to fully describe the emergency nature of the situation in which delayed submission authority is being sought, the risk to health and safety of the individuals involved, and the reasons why the submission of fingerprints contemporaneously with the search request is not feasible.

(b) In evaluating requests for delayed submissions, the Compact Council must utilize the following criteria:

(1) The risk to health and safety; and

(2) The emergency nature of the request. Upon approval of the application by the Compact Council, the authorized agency may conduct a III name check pending submission of the fingerprints. The fingerprints must be submitted within the time frame specified by the Compact Council.

(c) Once a specific proposal has been approved by the Compact Council, another state may apply for delayed fingerprint submission consistent with the approved proposal, provided that the state has a related Public Law 92544 approved state statute, by submitting the application to the FBI's Compact Officer.

$901.2 Interpretation of fingerprint

submission requirements. (a) Article V of the Compact requires the submission of fingerprints or other approved forms of positive identification with requests for criminal history record checks for noncriminal justice purposes. The Compact Council finds that the requirement for the submission of fingerprints may be satisfied in two ways:

(1) The fingerprints should be submitted contemporaneously with the request for criminal history information, or

(2) For purposes approved by the Compact Council, a delayed submission of fingerprints may be permissible under exigent circumstances.

(b) The Compact Council further finds that a preliminary III name based check may be made pending the receipt of the delayed submission of the fingerprints. The state repository may authorize terminal access to authorized agencies designated by the state, to enable them to conduct such checks. Such access must be made pursuant to

PART 902-DISPUTE ADJUDICATION

PROCEDURES

Sec. 902.1 Purpose and authority. 902.2 Raising disputes. 902.3 Referral to Dispute Resolution Com

mittee. 902.4 Action by Council Chairman. 902.5 Hearing procedures. 902.6 Appeal to the Attorney General. 902.7 Court action.

AUTHORITY: 42 U.S.C. 14616.

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