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2013 -- S 0458 | |
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LC01289 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2013 | |
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____________ | |
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A N A C T | |
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RELATING TO CRIMINAL PROCEDURE - NATIONAL CRIMINAL RECORDS CHECK | |
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SYSTEM | |
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Introduced By: Senators McCaffrey, Felag, and Walaska | |
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Date Introduced: February 28, 2013 | |
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Referred To: Senate Judiciary | |
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It is enacted by the General Assembly as follows: | |
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1-1 |
SECTION 1. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is |
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hereby amended by adding thereto the following chapter: |
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CHAPTER 1.6 |
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NATIONAL CRIMINAL RECORDS CHECK SYSTEM |
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12-1.6-1. Automated fingerprint identification system database. -- The department of |
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attorney general may establish and maintain an automated fingerprint identification system |
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database that would allow the department to store and maintain all fingerprints submitted in |
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accordance with the national criminal records check system. The automated fingerprint |
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identification system database would provide for an automatic notification if, and when, a |
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1-10 |
subsequent criminal arrest fingerprint card is submitted to the system and matches a set of |
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1-11 |
fingerprints previously submitted in accordance with a national criminal records check. If the |
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1-12 |
aforementioned arrest results in a conviction, the department shall immediately notify those |
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1-13 |
individuals and entities with which that individual is associated and who are required to be |
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notified of disqualifying information concerning national criminal records checks as provided in |
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1-15 |
the general laws. The information in the database established under this section is confidential |
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and not subject to disclosure under the access to public records act, chapter 2 of title 38 of the |
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general laws. |
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12-1.6-2. Long-term health care workers. -- The department of the attorney general |
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shall maintain an electronic web-based system to assist facilities, licensed under chapters 23-17, |
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23-17.4, 23-17.7.1 or section 23-1-52, required to check relevant registries and conduct national |
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criminal records checks of routine contact patient employees. The department of the attorney |
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general shall provide for an automated notice, as authorized in section 12-1.6-1, to those facilities |
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if a routine contact patient employee is subsequently convicted of a disqualifying offense, as |
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described in the relevant licensing statute. The department of the attorney general may charge a |
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facility a one-time set up fee of up to one hundred dollars ($100) for access to the electronic web- |
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based system under this section. |
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12-1.6-3. Immunity from liability. -- The department of attorney general, the |
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department of health, or an employer who disqualifies an applicant from employment or |
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continued employment on the basis of a disqualification notice as described in section 12-1.6-2 or |
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2-11 |
of a national criminal records check relating to disqualifying information shall not be liable for |
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civil damages or subject to any claim, demand, cause of action, or proceeding of any nature as a |
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result of the disqualification. |
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12-1.6-4. Rules and regulations. – The department of attorney general may promulgate |
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rules and regulations to carry out the intent of this chapter. |
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SECTION 2. Section 23-1-52 of the General Laws in Chapter 23-1 entitled "Department |
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of Health" is hereby amended to read as follows: |
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23-1-52. Adult day care program licensure. – (a) The director is authorized and |
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directed to establish a program for the licensure of adult day care programs. "Adult day care |
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program" shall mean a comprehensive, nonresidential program designed to address the biological, |
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psychological, and social needs of adults through individual plans of care that incorporate, as |
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needed, a variety of health, social and related support services in a protective setting. The director |
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is further authorized to promulgate regulations as he or she deems necessary to implement these |
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provisions. |
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(b) Any person seeking employment in any adult day care facility licensed herein and |
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having routine contact with an adult day care client or having access to such a client’s belongings |
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2-27 |
or funds shall undergo a national criminal records check, which shall include fingerprints |
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2-28 |
submitted to the federal bureau of investigation (FBI) by the bureau of criminal identification of |
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2-29 |
the department of the attorney general or a designated vendor approved by the department of the |
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2-30 |
attorney general. The national criminal records check shall be processed prior to or within one |
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week of employment. All persons who, as of July 1, 2013, are already employed by an adult day |
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care facility and all persons who, as of such date, already provide services under this section shall |
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be exempted from the requirements of this section for purposes of their current employment only. |
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All persons required to undergo a national criminal records check under this section shall not be |
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required to comply with the provisions of this section if they provide their potential employer |
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3-2 |
with evidence that they have undergone a national criminal records check in the preceding three |
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(3) years, but not before July 1, 2013, and they may request from the bureau of criminal |
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3-4 |
identification a letter indicating if any disqualifying information was discovered. |
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(1) The director may by rule, identify those positions requiring national criminal records |
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checks. The employee, through the employer, shall apply to the bureau of criminal identification |
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of the department of the attorney general for a national criminal records check. Upon the |
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discovery of any disqualifying information as defined in subsection 23-1-52(c) and in accordance |
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with rules promulgated by the director, the bureau of criminal identification of the department of |
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the attorney general shall inform the applicant in writing of the nature of the disqualifying |
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information; and, without disclosing the nature of the disqualifying information, shall notify the |
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3-12 |
employer in writing that disqualifying information has been discovered. |
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(2) An employee against whom disqualifying information has been found may provide a |
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copy of the national criminal records check to the employer. The employer shall make a judgment |
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3-15 |
regarding the continued employment of the employee. |
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(3) In those situations in which no disqualifying information has been found, the bureau |
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3-17 |
of criminal identification of the department of the attorney general shall inform the applicant and |
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3-18 |
the employer in writing of this fact. |
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3-19 |
(4) The employer shall maintain on file, subject to inspection by the department of health, |
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3-20 |
evidence that statewide criminal records checks have been initiated on all employees seeking |
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3-21 |
employment between January 1, 2008 and June 30, 2013, and the results of the checks. The |
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employer shall maintain on file, subject to inspection by the department, evidence that national |
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3-23 |
criminal records checks have been initiated on all employees seeking employment on or after July |
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3-24 |
1, 2013, and the results of those checks. Failure to maintain that evidence may be grounds to |
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3-25 |
revoke the license or registration of the employer. |
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(5) The employee shall be responsible for the cost of conducting the national criminal |
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3-27 |
records check through the bureau of criminal identification of the department of the attorney |
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3-28 |
general or a vendor designated by the department of the attorney general. |
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3-29 |
(c) Information produced by a national criminal records check pertaining to conviction, |
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3-30 |
for the following crimes will result in a letter to the employee and employer disqualifying the |
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3-31 |
applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first |
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3-32 |
degree sexual assault, second degree sexual assault, third degree sexual assault, assault on persons |
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3-33 |
sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, |
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3-34 |
rape, burglary, or the abominable and detestable crimes against nature), felony assault, patient |
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4-1 |
abuse, neglect or mistreatment of patients, burglary, first degree arson, robbery, felony drug |
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4-2 |
offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect |
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and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny, or |
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felony banking law violations, or a crime under section 1128(a) of the Social Security Act (42 |
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U.S.C. section 1320a-7(a)). An employee against whom disqualifying information has been found |
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may provide a copy of the national criminal records check to the employer who shall make a |
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4-7 |
judgment regarding the continued employment of the employee. For purposes of this subsection, |
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“conviction” means, in addition to judgments of conviction entered by a court subsequent to a |
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4-9 |
finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of |
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nolo contendere and has received a sentence of probation and those instances where a defendant |
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4-11 |
has entered into a deferred sentence agreement with the attorney general. |
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SECTION 3. Sections 23-17-34 and 23-17-37 of the General Laws in Chapter 23-17 |
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entitled "Licensing of Health Care Facilities" are hereby amended to read as follows: |
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23-17-34. Criminal records review -- Nursing facilities -- Home nursing care |
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providers and home care providers. -- (a) Any person seeking employment in a nursing facility, |
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4-16 |
a home nursing care provider, hospice provider or a home care provider which is or is required to |
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4-17 |
be licensed, registered or certified with the department of health if that employment involves |
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routine contact with a patient or resident without the presence of other employees, shall undergo a |
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national criminal |
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federal bureau of investigation (FBI) by the bureau of criminal identification of the department of |
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the attorney general or a designated vendor approved by the department of the attorney general. |
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The national criminal records check shall |
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employment. |
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covered facility or provider and all persons who, as of such date, already provide services under |
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this chapter shall be exempted from the requirements of this section for purposes of their current |
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4-27 |
employment only. All persons required to undergo a national criminal records check under this |
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4-28 |
section shall not be required to comply with the provisions of this section if they provide their |
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4-29 |
potential employer with evidence that they have undergone a national criminal records check in |
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4-30 |
the preceding three (3) years, but not before July 1, 2013, and they may request from the bureau |
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4-31 |
of criminal identification a letter indicating if any disqualifying information was discovered. |
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4-32 |
(b) The director of the department of health may by rule identify those positions requiring |
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4-33 |
criminal |
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4-34 |
to the bureau of criminal identification of the |
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attorney general for a |
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in accordance with the rule promulgated by the director of health, the bureau of criminal |
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identification of the |
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the applicant, in writing, of the nature of the disqualifying information; and, without disclosing |
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the nature of the disqualifying information, will notify the employer, in writing, that disqualifying |
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information has been discovered. |
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(c) An employee against whom disqualifying information has been found may provide |
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employer who shall make a judgment regarding the continued employment of the employee. |
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(d) In those situations in which no disqualifying information has been found, the bureau |
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of criminal identification of the |
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shall inform the applicant and the employer, in writing, of this fact. |
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5-14 |
(e) The employer shall maintain on file, subject to inspection by the department of |
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5-15 |
health, evidence that statewide criminal records checks have been initiated on all employees |
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5-16 |
seeking employment |
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5-17 |
checks. The employer shall maintain on file, subject to inspection by the department of health, |
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5-18 |
evidence that national criminal records checks have been initiated on all employees seeking |
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5-19 |
employment on or after July 1, 2013, and the results of those checks. Failure to maintain that |
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5-20 |
evidence would be grounds to revoke the license or registration of the employer. |
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(f) |
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responsible for the cost of conducting the national criminal records check through the bureau of |
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criminal identification of the department of the attorney general or a vendor designated by the |
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5-26 |
department of the attorney general. |
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5-27 |
23-17-37. Disqualifying information. -- (a) Information produced by a criminal records |
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5-28 |
review pertaining to conviction, for the following crimes will result in a letter to the employee |
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5-29 |
and employer disqualifying the applicant from employment: murder, voluntary manslaughter, |
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5-30 |
involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree |
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5-31 |
sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit |
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5-32 |
specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime |
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5-33 |
against nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, first |
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5-34 |
degree arson, robbery, felony drug offenses, |
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6-1 |
obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation |
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6-2 |
of adults with severe impairments, exploitation of elders, or a crime under section 1128(a) of the |
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social security act (42 U.S.C. section 1320a-7(a)). An employee against whom disqualifying |
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information has been found may |
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employment of the employee. |
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(b) For purposes of this section, "conviction" means, in addition to judgments of |
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6-8 |
conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
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6-9 |
where the defendant has entered a plea of nolo contendere and has received a sentence of |
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6-10 |
probation and those instances where a defendant has entered into a deferred sentence agreement |
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6-11 |
with the attorney general. |
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6-12 |
SECTION 4. Chapter 23-17 of the General Laws entitled "Licensing of Health Care |
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6-13 |
Facilities" is hereby amended by adding thereto the following section: |
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6-14 |
23-17-60. Criminal records review - long-term care hospital. – (a) For the purposes of |
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6-15 |
this section, a “long-term care hospital” shall mean a facility as described in 42 U.S.C. section |
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6-16 |
1395ww(d)(1)(iv), which receives payment for inpatient services it provides to Medicare |
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6-17 |
beneficiaries pursuant to 42 U.S.C. section 1395ww(m). |
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6-18 |
(b) Any person seeking employment in any long-term care hospital having routine |
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6-19 |
contact with a long-term care hospital patient or having access to such a patient’s belongings or |
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6-20 |
funds shall undergo a national criminal records check, which shall include fingerprints submitted |
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6-21 |
to the federal bureau of investigation (FBI) by the bureau of criminal identification of the |
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6-22 |
department of the attorney general or a designated vendor approved by the department of the |
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6-23 |
attorney general. The national criminal records check shall be processed prior to or within one |
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6-24 |
week of employment. All persons who, as of July 1, 2013, are already employed by a long-term |
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6-25 |
care hospital and all persons who, as of such date, already provide services under this section |
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6-26 |
shall be exempted from the requirements of this section for purposes of their current employment |
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6-27 |
only. All persons required to undergo a national criminal records check under this section shall |
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6-28 |
not be required to comply with the provisions of this section if they provide their potential |
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6-29 |
employer with evidence that they have undergone a national criminal records check in the |
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6-30 |
preceding three (3) years, but not before July 1, 2013, and they may request from the bureau of |
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6-31 |
criminal identification a letter indicating if any disqualifying information was discovered. |
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6-32 |
(1) The director may by rule identify those positions requiring national criminal records |
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6-33 |
checks. The employee, through the employer, shall apply to the bureau of criminal identification |
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6-34 |
of the department of the attorney general for a national criminal records check. Upon the |
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7-1 |
discovery of any disqualifying information as defined in subsection 23-17-60(c) and in |
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7-2 |
accordance with the rule promulgated by the director, the bureau of criminal identification of the |
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7-3 |
department of the attorney general shall inform the applicant in writing of the nature of the |
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7-4 |
disqualifying information; and, without disclosing the nature of the disqualifying information, |
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7-5 |
shall notify the employer in writing that disqualifying information has been discovered. |
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7-6 |
(2) An employee against whom disqualifying information has been found may provide a |
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7-7 |
copy of the national criminal records report to the employer. The employer shall make a judgment |
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7-8 |
regarding the continued employment of the employee. |
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7-9 |
(3) In those situations in which no disqualifying information has been found, the bureau |
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7-10 |
of criminal identification of the department of the attorney general shall inform the applicant and |
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7-11 |
the employer in writing of this fact. |
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7-12 |
(4) The employer shall maintain on file, subject to inspection by the department, evidence |
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7-13 |
that statewide criminal records checks have been initiated on all employees seeking employment |
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7-14 |
between October 1, 1991 and June 30, 2013, and the results of the checks. The employer shall |
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7-15 |
maintain on file, subject to inspection by the department, evidence that national criminal records |
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7-16 |
checks have been initiated on all employees seeking employment on or after July 1, 2013, and the |
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7-17 |
results of those checks. Failure to maintain that evidence would be grounds to revoke the license |
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7-18 |
or registration of the employer. |
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7-19 |
(5) The employee shall be responsible for the cost of conducting the national criminal |
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7-20 |
records check through the bureau of criminal identification of the department of the attorney |
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7-21 |
general or a vendor designated by the department of the attorney general. |
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7-22 |
(c) Information produced by a national criminal records check pertaining to conviction, |
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7-23 |
for the following crimes will result in a letter to the employee and employer disqualifying the |
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7-24 |
applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first |
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7-25 |
degree sexual assault, second degree sexual assault, third degree sexual assault, assault on persons |
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7-26 |
sixty (60) years of age or older, assault with intent to commit specified felonies (murder, robbery, |
|
7-27 |
rape, burglary, or the abominable and detestable crimes against nature), felony assault, patient |
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7-28 |
abuse, neglect or mistreatment of patients, burglary, first degree arson, robbery, felony drug |
|
7-29 |
offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, neglect |
|
7-30 |
and/or exploitation of adults with severe impairments, exploitation of elders, felony larceny, or |
|
7-31 |
felony banking law violations, or a crime under section 1128(a) of the Social Security Act (42 |
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7-32 |
U.S.C. section 1320a-7(a)). An employee against whom disqualifying information has been found |
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7-33 |
may provide a copy of the national criminal records check to the employer who shall make a |
|
7-34 |
judgment regarding the continued employment of the employee. For purposes of this subsection, |
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8-1 |
“conviction” means, in addition to judgments of conviction entered by a court subsequent to a |
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8-2 |
finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of |
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8-3 |
nolo contendere and has received a sentence of probation and those instances where a defendant |
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8-4 |
has entered into a deferred sentence agreement with the attorney general. |
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8-5 |
SECTION 5. Sections 23-17.4-27 and 23-17.4-30 of the General Laws in Chapter 23- |
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8-6 |
17.4 entitled "Assisted Living Residence Licensing Act" are hereby amended to read as follows: |
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8-7 |
23-17.4-27. Criminal records review. -- (a) Any person seeking employment in any |
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8-8 |
assisted living residence licensed under this act and having routine contact with a resident or |
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8-9 |
having access to a resident's belongings or funds shall undergo a national criminal |
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8-10 |
records check |
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8-11 |
(FBI) by the bureau of criminal identification of the department of the attorney general or a |
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8-12 |
designated vendor approved by the department of the attorney general. The national criminal |
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8-13 |
records check shall be processed prior to or within one week of employment. |
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8-14 |
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8-15 |
persons who, as of July 1, 2013, are already employed by an assisted living residence and all |
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8-16 |
persons who, as of such date, already provide services under this chapter, shall be exempted from |
|
8-17 |
the requirements of this section for purposes of their current employment only. All persons |
|
8-18 |
required to undergo a national criminal records check under this section shall not be required to |
|
8-19 |
comply with the provisions of this section if they provide their potential employer with evidence |
|
8-20 |
that they have undergone a national criminal records check in the preceding three (3) years, but |
|
8-21 |
not before July 1, 2013, and they may request from the bureau of criminal identification a letter |
|
8-22 |
indicating if any disqualifying information was discovered. |
|
8-23 |
(b) The director of the department of health may by rule identify those positions requiring |
|
8-24 |
national criminal |
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8-25 |
the bureau of criminal identification of the |
|
8-26 |
general for a |
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8-27 |
Upon the discovery of any disqualifying information as defined in section 23-17.4-30 and in |
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8-28 |
accordance with the rule promulgated by the director of health, the bureau of criminal |
|
8-29 |
identification of the |
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8-30 |
the applicant in writing of the nature of the disqualifying information; and, without disclosing the |
|
8-31 |
nature of the disqualifying information, will notify the employer in writing that disqualifying |
|
8-32 |
information has been discovered. |
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8-33 |
(c) An employee against whom disqualifying information has been found may |
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8-34 |
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9-1 |
employer. The administrator shall make a judgment regarding the continued employment of the |
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9-2 |
employee. |
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9-3 |
(d) In those situations in which no disqualifying information has been found, the bureau |
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9-4 |
of criminal identification (BCI) of the |
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9-5 |
general shall inform the applicant and the employer in writing of this fact. |
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9-6 |
(e) The employer shall maintain on file, subject to inspection by the department of |
|
9-7 |
health, evidence that statewide national criminal records checks have been initiated on all |
|
9-8 |
employees seeking employment between |
|
9-9 |
of the checks. The employer shall maintain on file, subject to inspection by the department of |
|
9-10 |
health, evidence that national criminal records checks have been initiated on all employees |
|
9-11 |
seeking employment on or after July 1, 2013, and the results of those checks. Failure to maintain |
|
9-12 |
that evidence would be grounds to revoke the license or registration of the employer. |
|
9-13 |
|
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9-14 |
|
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9-15 |
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9-16 |
conducting the national criminal records check through the bureau of criminal identification of |
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9-17 |
the department of the attorney general or a vendor designated by the department of the attorney |
|
9-18 |
general. |
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9-19 |
23-17.4-30. Disqualifying information. -- (a) Information produced by a criminal |
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9-20 |
records review pertaining to conviction, for the following crimes will result in a letter to the |
|
9-21 |
employee and employer disqualifying the applicant from employment: murder, voluntary |
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9-22 |
manslaughter, involuntary manslaughter, first degree sexual assault, second degree sexual assault, |
|
9-23 |
third degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent |
|
9-24 |
to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable |
|
9-25 |
crime against nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, |
|
9-26 |
first degree arson, robbery, felony drug offenses, felony obtaining money under false pretenses, |
|
9-27 |
felony embezzlement, abuse, neglect and/or exploitation of adults with severe impairments, |
|
9-28 |
exploitation of elders, felony |
|
9-29 |
1128(a) of the social security act (42 U.S.C. section 1320a-7(a)). An employee against whom |
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9-30 |
disqualifying information has been found |
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9-31 |
|
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9-32 |
employment of the employee. |
|
9-33 |
(b) For purposes of this section, "conviction" means, in addition to judgments of |
|
9-34 |
conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
|
10-1 |
where the defendant has entered a plea of nolo contendere and has received a sentence of |
|
10-2 |
probation and those instances where a defendant has entered into a deferred sentence agreement |
|
10-3 |
with the attorney general. |
|
10-4 |
SECTION 6. Sections 23-17.7.1-17 and 23-17.7.1-20 of the General Laws in Chapter 23- |
|
10-5 |
17.7.1 entitled "Licensing of Nursing Service Agencies" are hereby amended to read as follows: |
|
10-6 |
23-17.7.1-17. Criminal records review. -- (a) Any person seeking employment in a |
|
10-7 |
facility which is or is required to be licensed or registered with the department of health if that |
|
10-8 |
employment involves routine contact with a patient or resident without the presence of other |
|
10-9 |
employees, shall undergo a national criminal |
|
10-10 |
fingerprints submitted to the federal bureau of investigation (FBI) by the bureau of criminal |
|
10-11 |
identification of the department of the attorney general or a designated vendor approved by the |
|
10-12 |
department of the attorney general. The national criminal records check shall be initiated prior to, |
|
10-13 |
or within one week of, employment. |
|
10-14 |
|
|
10-15 |
already employed by a covered facility and all persons who, as of such date, already provide |
|
10-16 |
services under this chapter shall be exempt from the requirements of this section for purposes of |
|
10-17 |
their current employment only. All persons required to undergo a national criminal records check |
|
10-18 |
under this section shall not be required to comply with the provisions of this section if they |
|
10-19 |
provide their potential employer with evidence that they have undergone a national criminal |
|
10-20 |
records check in the preceding three (3) years, but not before July 1, 2013, and they may request |
|
10-21 |
from the bureau of criminal identification a letter indicating if any disqualifying information was |
|
10-22 |
discovered. |
|
10-23 |
(b) The director of the department of health may, by rule, identify those positions |
|
10-24 |
requiring national criminal |
|
10-25 |
shall apply to the bureau of criminal identification of the |
|
10-26 |
the attorney general for a national |
|
10-27 |
|
|
10-28 |
and in accordance with the rule promulgated by the director of the department of health, the |
|
10-29 |
bureau of criminal identification of the |
|
10-30 |
general will inform the applicant, in writing, of the nature of the disqualifying information; and, |
|
10-31 |
without disclosing the nature of the disqualifying information, will notify the employer, in |
|
10-32 |
writing, that disqualifying information has been discovered. |
|
10-33 |
(c) An employee against whom disqualifying information under section 23-17.7.1-20(b) |
|
10-34 |
has been found may |
|
11-1 |
|
|
11-2 |
employment of the employee. |
|
11-3 |
(d) In those situations in which no disqualifying information has been found, the bureau |
|
11-4 |
of criminal identification of the |
|
11-5 |
shall inform the applicant and the employer, in writing, of this fact. |
|
11-6 |
(e) The employer shall maintain on file, subject to inspection by the department of |
|
11-7 |
health, evidence that criminal records checks have been initiated on all employees seeking |
|
11-8 |
employment between October 1, 1991 and June 30, 2013, and the results of the checks. The |
|
11-9 |
employer shall maintain on file, subject to inspection by the department of health, evidence that |
|
11-10 |
national criminal records checks have been initiated on all employees seeking employment on or |
|
11-11 |
after July 1, 2013, and the results of those checks. Failure to maintain that evidence would be |
|
11-12 |
grounds to revoke the license or registration of the employer. |
|
11-13 |
(f) |
|
11-14 |
|
|
11-15 |
|
|
11-16 |
responsible for the cost of conducting the national criminal records check through the bureau of |
|
11-17 |
criminal identification of the department of the attorney general or a vendor designated by the |
|
11-18 |
department of the attorney general. |
|
11-19 |
23-17.7.1-20. Disqualifying information. -- (a) Information produced by a criminal |
|
11-20 |
records review pertaining to conviction, for the following crimes will result in a letter to the |
|
11-21 |
employee and employer disqualifying the applicant from the employment: murder, voluntary |
|
11-22 |
manslaughter, involuntary manslaughter, first degree sexual assault, second degree sexual assault, |
|
11-23 |
third degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent |
|
11-24 |
to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable |
|
11-25 |
crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, first |
|
11-26 |
degree arson, robbery, felony drug offenses, |
|
11-27 |
obtaining money under false pretenses, felony embezzlement, abuse, neglect, and/or exploitation |
|
11-28 |
of adults with severe impairments, exploitation of elders, felony larceny, or felony banking law |
|
11-29 |
violations or a crime under section 1128(a) of the social security act (42 U.S.C. section 1320a- |
|
11-30 |
7(a)). |
|
11-31 |
(b) Information produced by a national criminal records |
|
11-32 |
convictions for crimes other than those listed in subsection (a) of this section shall entitle, but not |
|
11-33 |
obligate the employer to decline to hire the applicant. An employee against whom conviction |
|
11-34 |
information related to this subsection has been found may |
|
12-1 |
national criminal |
|
12-2 |
determination regarding the continued employment of the employee. |
|
12-3 |
(c) For purposes of this section "conviction" means, in addition to judgments of |
|
12-4 |
conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
|
12-5 |
where the defendant has entered a plea of nolo contendere and has received a sentence of |
|
12-6 |
probation and those instances where a defendant has entered into a deferred sentence agreement |
|
12-7 |
with the attorney general. |
|
12-8 |
SECTION 7. This act shall take effect on July 1, 2013. |
|
| |
|
======= | |
|
LC01289 | |
|
======== | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO CRIMINAL PROCEDURE - NATIONAL CRIMINAL RECORDS CHECK | |
|
SYSTEM | |
|
*** | |
|
13-1 |
This act would expand the type of criminal records check required for persons applying |
|
13-2 |
to be routine contact patient employees in a long-term facility or provider. |
|
13-3 |
This act would take effect on July 1, 2013. |
|
| |
|
======= | |
|
LC01289 | |
|
======= |