2021 -- H 6154

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LC001559

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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 STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF HUMAN

SERVICES

     

     Introduced By: Representative Mary Ann Shallcross Smith

     Date Introduced: March 24, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-12 of the General Laws entitled "Department of Human Services"

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is hereby amended by adding thereto the following sections:

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     42-12-25.1. Background check of service providers for children and youth.

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     (a) Any facility or business which teaches, gives lessons, classes or training to children and

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youth shall be required to submit all its employees to a criminal background check before they may

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be employed by said facility or business.

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     (b) The state police or police department in the city or town where the facility or business

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is located shall perform the criminal background check.

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     (c) The owner and/or the operator of the facility of business shall pay all the costs incurred

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to perform the required criminal background checks.

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     42-12-25.2. Disqualifying information.

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     (a) Information produced by a criminal records review pertaining to conviction, for the

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following crimes, will result in a letter to the employee and employer disqualifying the applicant

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from the employment: murder, voluntary manslaughter, involuntary manslaughter, first degree

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sexual assault, second degree sexual assault, third degree sexual assault, assault with intent to

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commit specified felonies (murder, robbery, rape, burglary, or an abominable and detestable crime

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against nature), felony assault, first degree arson, robbery, felony drug offenses, larceny, or felony

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banking law violations.

 

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     (b) Information produced by a criminal records review, pertaining to convictions for

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crimes, other than those listed in subsection (a) of this section shall entitle, but not obligate the

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employer to decline to hire the applicant. An employee against whom conviction information

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related to this subsection has been found, may request that a copy of the criminal background report

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be sent to the employer who shall make a determination regarding the continued employment of

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the employee.

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     (c) For purposes of this section, "conviction" means, in addition to judgments of conviction

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entered by a court, subsequent to a finding of guilty or a plea of guilty, those instances where the

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defendant has entered a plea of nolo contendere and has received a sentence of probation and those

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instances where a defendant has entered into a deferred sentence agreement with the attorney

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general.

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     42-12-25.3. Immunity from liability.

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     No employer who disqualifies an individual from employment, or continued employment

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within thirty (30) days of receipt of a letter containing disqualifying information, as defined in ยง

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42-12-25.2 or of a criminal background report relating to that information shall be liable for civil

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

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disqualification.

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     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 STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF HUMAN

SERVICES

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     This act would require any facility or business which teaches, gives lessons, classes or

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training to children and youth to have their prospective employees submit to a criminal background

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check, through the state or local police department, prior to them being hired.

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     This act would take effect upon passage.

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