2021 -- H 5748

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LC001911

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- CRIMINAL BACKGROUND CHECKS OF VOLUNTEERS

AND INTERNS

     Introduced By: Representatives Giraldo, Alzate, and Williams

     Date Introduced: February 24, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 110

BACKGROUND CHECKS OF VOLUNTEERS AND INTERNS REQUIRED

     16-110-1. Criminal records check -- Volunteers and interns -- Required.

     (a) Any person seeking to volunteer or become an intern at any public or private elementary

or secondary school, if that employment involves supervisory or disciplinary power over a child or

children or involves routine contact with a child or children, shall apply to the bureau of criminal

identification of the state police or the local police department, or the office of the attorney general,

or the department of children, youth and families, for a state and nationwide criminal records check.

The check will conform to applicable federal standards including the taking of fingerprints to

identify the applicant. The criminal record checks as required by this section shall be conducted

every five (5) years from the date of the previous criminal background check.

      (b) Upon the discovery of any disqualifying information the bureau of criminal

identification of the state police or the local police department or the office of the attorney general

or the department of children, youth and families will inform the applicant, in writing, of the nature

of the disqualifying information. In addition, the bureau of criminal identification of the state police

or the office of the attorney general, or department of children, youth and families, or the local

police department will inform the relevant employer, in writing, without disclosing the nature of

the disqualifying information, that an item of disqualifying information has been discovered.

     (c) In those situations in which no disqualifying information has been found, the bureau of

criminal identification of the state police or the local police department or the office of the attorney

general, or the department of children, youth and families will inform both the applicant and the

employer, in writing, that no disqualifying information has been found.

     (d) It will be the responsibility of the bureau of criminal identification of the state police

or the office of the attorney general, or the local police department, or the department of children,

youth and families, to conduct the nationwide criminal records check pursuant to this section. The

nationwide criminal records check will be provided to the applicant for employment. Any expense

associated for providing the criminal records check for a volunteer or intern shall be waived.

     SECTION 2. Section 28-6.14-1 of the General Laws in Chapter 28-6.14 entitled

"Employment Applications Prohibited" is hereby amended to read as follows:

     28-6.14-1. Criminal history on application for employment.

     (a) The director of labor and training shall have the same powers and duties as set forth in

chapter 12 and chapter 14 of title 28 to investigate, inspect, subpoena, and enforce through

administrative hearings, complaints that allege that an employer has included on any application

for employment, except applications for law enforcement agency positions, or positions related to

law enforcement agencies, a question inquiring whether the applicant has ever been arrested,

charged with, or convicted of any crime; provided that:

     (1) If a federal or state law or regulation creates a mandatory or presumptive

disqualification from employment based on a person's conviction of one or more specified criminal

offenses, an employer may include a question whether the applicant has ever been convicted of any

of those offenses; or

     (2) If a standard fidelity bond or an equivalent bond is required for the position for which

the applicant is seeking employment, and the applicant's conviction of one or more specified

criminal offenses would disqualify the applicant from obtaining such a bond, an employer may

include a question whether the applicant has ever been convicted of any of those specified criminal

offenses.

     (b) The department of labor and training and the commission for human rights shall

cooperate in the investigation of complaints filed under this section when the allegations are within

the jurisdiction of both agencies.

     (c) The department of labor and training shall disseminate information to employers and

workers about the prohibitions prescribed in this section.

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     (d) Any fees for criminal background checks permitted under section (a)(1) or (a)(2) of this

section shall be waived if the applicant is seeking employment to a position with a salary of under

forty thousand dollars ($40,000).

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- CRIMINAL BACKGROUND CHECKS OF VOLUNTEERS

AND INTERNS

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     This act would require state and national criminal background checks for any person

volunteering or interning at any elementary or secondary educational institution and would waive

fees for the applicant. It would also waive fees for criminal background checks on any employment

with a salary of less than forty thousand dollars ($40,000).

     This act would take effect upon passage.

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