HB 0513

HB 513 - AS INTRODUCED

AN ACT relative to background checks of law enforcement agency employees.

SPONSORS: Rep. Kennedy, Merr 34

This bill requires all employees of the division of state police, fish and game department, liquor commission bureau of licensing and enforcement, health and human services department, bureau of children, and local police to undergo a criminal background check before being offered permanent employment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to background checks of law enforcement agency employees.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Police Departments; Employment; Criminal Background Check Required for All Employees. Amend RSA 105:4 to read as follows:

I. The selectmen, or superintendent under their direction, may employ police officers in the detection and conviction of criminals and the prevention of crime in their town, and in the preservation of order on public or special occasions.

II.(a) The selectmen or superintendent under their direction shall complete a criminal history records check on every selected applicant for employment in any position in the police department prior to a final offer of employment. The selectmen or superintendent under their direction may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a conditional offer of employment unless the selectmen or superintendent under their direction has initiated a criminal history records check. The selectmen or superintendent under their direction shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant with a criminal history was in any way negligent or deficient, if the selectmen or superintendent under their direction fulfilled the requirements of this section.

(b) The selected applicant for employment with the police department shall submit to the employer a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of information regarding the presence or absence of any record of convictions of the applicant of felonies or misdemeanors which have not been annulled. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.

(c) The selectmen or superintendent under their direction shall submit the criminal history records release form to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the state police shall report the presence or absence of any crime to the selectmen or superintendent under their direction. Under no circumstances shall the criminal records be released to the selectmen or superintendent under their direction. The selectmen or superintendent under their direction shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. If the criminal history records information indicates no criminal record, the selectmen or superintendent under their direction shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or of a misdemeanor which has not been annulled, the selectmen or superintendent under their direction shall review the information for a hiring decision. The selectmen or superintendent under their direction shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.

(d) The selectmen or superintendent under their direction may require the selected applicant for employment to pay the actual costs of the background investigation and a criminal history records check.

2 New Paragraph; State Police; Civilian Employees; Criminal Background Check Required. Amend RSA 106-B:7 by inserting after paragraph III the following new paragraph:

IV.(a) The director shall complete a criminal history records check on every selected applicant for employment in any position in the division prior to a final offer of employment. The director may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a conditional offer of employment unless the director has initiated a criminal history records check. The director shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant with a criminal history was in any way negligent or deficient, if the director fulfilled the requirements of this section.

(b) The selected applicant for employment with the division shall submit a notarized criminal history records release form, as provided by the division, which authorizes the release of information regarding the presence or absence of any record of convictions of the applicant of felonies or misdemeanors which have not been annulled. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.

(c) The division shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. If the criminal history records information indicates no criminal record, the director shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or of a misdemeanor which has not been annulled, the director shall review the information for a hiring decision. The director shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.

(d) The director may require the selected applicant for employment to pay the actual costs of the background investigation and a criminal history records check.

3 New Paragraph; Department of Health and Human Services; Bureau of Children; Employees; Criminal Background Check Required. Amend RSA 170-G:8-c by inserting after paragraph VI the following new paragraph:

VI-a.(a) In addition to the requirements of paragraphs I-VI, the bureau of children shall complete a criminal history records check on every selected applicant for employment in any position in the bureau prior to a final offer of employment. The bureau may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a conditional offer of employment unless the bureau has initiated a criminal history records check. The bureau shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant with a criminal history was in any way negligent or deficient, if the bureau of children fulfilled the requirements of this section.

(b) The selected applicant for employment with the bureau of children shall submit to the bureau a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of information regarding the presence or absence of any record of convictions of the applicant of felonies or misdemeanors which have not been annulled. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of bureau of children. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.

(c) The bureau of children shall submit the criminal history records release form to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the state police shall report the presence or absence of any crime to the bureau. Under no circumstances shall the criminal records be released to the bureau. The bureau shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. If the criminal history records information indicates no criminal record, the bureau shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or of a misdemeanor which has not been annulled, the bureau shall review the information for a hiring decision. The bureau shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.

(d) The bureau of children may require the selected applicant for employment to pay the actual costs of the background investigation and a criminal history records check.

4 Liquor Commission; Assistants and Employees; Bureau of Enforcement and Licensing; Criminal Background Check Required. Amend RSA 176:7 to read as follows:

I. The state liquor commission may employ such assistants as are, in its opinion, necessary for the proper transaction of its business, and fix their compensation, subject to the rules of the director of personnel. It may secure any necessary technical or professional assistance.

II.(a) The commission shall complete a criminal history records check on every selected applicant for employment in any position in the bureau of enforcement and licensing prior to a final offer of employment. The commission may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a conditional offer of employment unless the commission has initiated a criminal history records check. The commission shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant with a criminal history was in any way negligent or deficient, if the commission fulfilled the requirements of this section.

(b) The selected applicant for employment with the bureau of licensing and enforcement shall submit to the employer a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of information regarding the presence or absence of any record of convictions of the applicant of felonies or misdemeanors which have not been annulled. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the commission. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.

(c) The commission shall submit the criminal history records release form to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the state police shall report the presence or absence of any crime to the commission. Under no circumstances shall the criminal records be released to the commission. The commission shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. If the criminal history records information indicates no criminal record, the commission shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or of a misdemeanor which has not been annulled, the commission shall review the information for a hiring decision. The commission shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.

(d) The commission may require the selected applicant for employment to pay the actual costs of the background investigation and a criminal history records check.

5 Fish and Game Department Employees; Criminal Background Check Required. Amend RSA 206:24 to read as follows:

I. Subject to regulations of the state personnel commission, the executive director shall determine the number of conservation officers and superintendents of hatcheries, shall appoint and remove all conservation officers and superintendents of hatcheries, and shall hire such experts and office assistants as in his judgment are necessary for the proper execution of his duties. A copy of the appointment of each conservation officer shall be filed in the office of the executive director.

II.(a) The executive director shall complete a criminal history records check on every selected applicant for employment in any position in the department prior to a final offer of employment. The executive director may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a conditional offer of employment unless the executive director has initiated a criminal history records check. The department shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant with a criminal history was in any way negligent or deficient, if the executive director fulfilled the requirements of this section.

(b) The selected applicant for employment with the department shall submit to the employer a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of information regarding the presence or absence of any record of convictions of the applicant of felonies or misdemeanors which have not been annulled. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.

(c) The executive director shall submit the criminal history records release form to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the state police shall report the presence or absence of any crime to the executive director. Under no circumstances shall the criminal records be released to the executive director. The executive director shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. If the criminal history records information indicates no criminal record, the executive director shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or of a misdemeanor which has not been annulled, the executive director shall review the information for a hiring decision. The executive director shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.

(d) The department may require the selected applicant for employment to pay the actual costs of the background investigation and a criminal history records check.