Chapter 051
2017 -- S 0661 SUBSTITUTE A
Enacted 06/27/2017

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

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 (20) 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 that 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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LC001442/SUB A/2
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