2012 -- H 7864

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LC01799

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- BACKGROUND CHECKS FOR

PROSPECTIVE EMPLOYEES

     Introduced By: Representatives Slater, Williams, and Chippendale

     Date Introduced: February 28, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

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RELATIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 6.13

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BACKGROUND CHECKS FOR PROSPECTIVE EMPLOYEES

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     28-6.13-1. Purpose. – This chapter is intended to ensure that businesses employ fair

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policies relating to the screening and identification of persons with criminal backgrounds through

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the BCI system.

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     28-6.13-2. Definitions. – As used in this chapter, the following terms, unless the context

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requires a different interpretation, have the following meanings:

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     (1) “Applicant” means any current or prospective employee, licensee, or volunteer.

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     (2) “BCI” means the department of attorney general, bureau of criminal identification.

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     (3) “Otherwise Qualified” means any applicant that meets all other criteria for a position

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or consideration for a position.

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     (4) “RILETS” means Rhode Island law enforcement transmission system.

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     (5) “State” means the State of Rhode Island or department, agency, or office thereof.

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     (6) “Employer” means any business, department, office, or agency which hires personnel.

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     28-6.13-3. BCI-related standards of the State of Rhode Island. – (a) Except as

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provided in subsection (c) of this section, and not withstanding any other provisions of law to the

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contrary, a person shall not be disqualified from employment, nor shall a person be disqualified to

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practice, pursue, or engage in any occupation, trade, vocation, profession or business for which a

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license, permit, certificate or registration is required to be issued by the state or any of its

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agencies solely because of a BCI report.

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     (b) Except for a position for which any provision of the general statutes specifically

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disqualifies a person from employment because of a prior conviction of a crime, no employer

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shall inquire about a prospective employee’s past convictions until such prospective employee

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has been otherwise qualified for the position.

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     (c) A person may be denied employment, or a person may be denied a license, permit, or

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certificate, or registration to pursue, practice, or engage in an occupation, trade, vocation,

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profession or business by reason of the prior conviction of a crime after considering:

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     (1) The nature of the crime and its relationship to the job for which the person has

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applied;

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     (2) Information pertaining to the degree of rehabilitation of the convicted person;

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     (3) The time elapsed since the conviction or release.

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     (d) If a conviction of a crime is used as a basis for a rejection of an applicant, such

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rejection shall:

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     (1) Be in writing and specifically state the evidence presented and reasons for rejection.

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A copy of such rejection shall be sent by registered mail to the applicant;

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     (2) Offer the applicant the opportunity to present rebuttal evidence regarding the accuracy

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and/or relevance of the report.

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     (e) In no case may records of arrest, which are not followed by a conviction, or records of

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convictions which have been erased, be used, distributed, or disseminated by RILETS, or BCI in

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connection with an application for employment or for a permit, license, certificate, or registration.

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     (f) The state shall not grant public access, directly or through private vendors, to records

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of arrest which are not followed by conviction or which have been expunged or sealed.

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     28-6.13-4. Applicability. – If any of these sections imposes greater restrictions or

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obligations than those imposed by any other general law, special law, regulation, rule, ordinance,

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order, or policy then the provision of these sections shall control.

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     28-6.13-5. Regulatory authority. – The department of attorney general bureau of

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criminal identification shall have the authority to promulgate rules and regulations necessary to

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implement and enforce these sections.

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     28-6.13-6. Severability. – If any provisions of these sections shall be held to be invalid

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by a court of competent jurisdiction, then such provision shall be considered separately and apart

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from the remaining provisions, which shall have full force and effect.

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     SECTION 2. This act shall take effect upon passage.

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LC01799

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- BACKGROUND CHECKS FOR

PROSPECTIVE EMPLOYEES

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     This act would ensure that businesses employ fair policies relating to the screening and

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identification of persons with criminal backgrounds through the BCI system.

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     This act would take effect upon passage.

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LC01799

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