2017 -- S 0661 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - IDENTIFICATION AND APPREHENSION OF

CRIMINALS

     Introduced By: Senators Coyne, Conley, Satchell, Crowley, and Seveney

     Date Introduced: March 29, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 12-1 of the General Laws entitled "Identification and Apprehension

of Criminals" is hereby amended by adding thereto the following section:

     12-1-17. Background checks for employees of religious organizations.

     (a) In order to assist Rhode Island’s religious organizations and houses of worship

(hereinafter religious organization) with the ability to ensure that their staff, teachers, and

employees are of good moral character, all persons eighteen (18) years of age or older seeking to

work or volunteer for any religious organization shall, at the specific request of the religious

organization, be required to undergo a national criminal background check for the purpose of

determining whether the prospective employee or volunteer has been convicted of any crime.

     (1) Participation of any religious organization with the system of background checks

created by this section is voluntary and any decision to request a national background check for

any person may be made at the sole discretion of the religious organization.

     (2) "Disqualifying information" for purposes of this section shall mean those offenses

included in §§23-17-37, 11-37-1 through 11-37-8.4, and §§11-9-1 through 11-9-5.3.

     (b) Any religious organization may require any applicant for employment or volunteer

activity, if that employment or activity involves routine contact with minors, to apply to the

bureau of criminal identification (BCI), the department of the attorney general, the state police or

the local police department for a nationwide criminal records check. The check shall conform to

the applicable federal standards, including the requirement that the applicant provide a set of

fingerprints to facilitate the background check.

     (1) It shall be the responsibility of the BCI to conduct the national criminal identification

check within fourteen (14) days of the applicant’s request.

     (c) If any disqualifying information is discovered with respect to the applicant, the BCI

shall inform the religious organization in writing, without disclosing the nature of the

disqualifying information, that an item of disqualifying nature has been discovered. In addition,

the BCI shall inform the applicant, in writing, of the nature of the disqualifying information.

     (1) Upon receipt of the disqualifying information from the BCI, the applicant may, within

twenty (20) days of receipt thereof, request that that the BCI provide a copy of the information to

the religious organization which will have the discretion to determine whether the applicant is

eligible for employment or volunteer status.

     (d) If no disqualifying information is found upon completion of the background check,

the BCI shall notify both the applicant and the religious organization, in writing of this fact.

     (e) Upon completion of the background check, and after the twenty (20) day period

referenced in subsection (c)(1) of this section, the BCI shall promptly destroy the fingerprints

provided by the applicant.

     (f) No religious organization who disqualifies an individual from employment or

volunteer activity as a result of its receipt of disqualifying information, shall be liable for civil

damages or subject to any claim, cause of action or proceeding of any nature, as a result of such

disqualification.

     (g) The applicant shall be responsible for the costs of conducting the nationwide criminal

records check.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - IDENTIFICATION AND APPREHENSION OF

CRIMINALS

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     This act would provide that any applicant for employment or volunteer activity of a

religious organization, shall undergo a national background check at the request of said religious

organization, as a condition of employment or participation in volunteer activity when such

employment or activity involves routine contact with minors.

     This act would take effect upon passage.

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