HB 1209 – AS AMENDED BY THE HOUSE
07Mar2006… 1229h
2006 SESSION
04/03
HOUSE BILL 1209
AN ACT relative to notification requirements for criminal offenders.
SPONSORS: Rep. Thomas, Belk 5; Rep. J. Allen, Belk 5
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Requires a school administrative unit, school district, or charter school to adopt a policy designating certain categories of volunteers as “designated volunteers” who may be required to undergo a background investigation and a criminal history records check.
II. Allows local law enforcement agencies to notify schools within its jurisdiction of the address of a registered criminal offender.
III. Provides limited liability to a school administrative unit, school district, or charter school for permitting certain volunteers to have direct contact with students.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 1229h
06-2444
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to notification requirements for criminal offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Boards; School Employee and Volunteer Background Investigations. Amend RSA 189:13-a, VI-VII to read as follows:
VI. This section applies to any employee, selected applicant for employment, [or] designated volunteer [with private businesses and agencies], or volunteer [organizations] organization which [contract] contracts with a [school administrative units, school districts, or charter schools] school administrative unit, school district, or charter school to provide services, including but not limited to cafeteria workers, school bus drivers, custodial personnel, or any other service where the contractor or employees of the contractor provide services directly to students of the district or charter school. The cost for background investigations, including criminal history records checks, for employees or selected applicants for employment with such contractors shall be borne by the contractor.
VII. The school administrative unit, school district, or charter school shall not be required to complete a background investigation or a criminal history records check on volunteers, provided[, however,] that the governing body of a school administrative unit, school district, or charter school [may] shall adopt a policy designating certain categories of volunteers as “designated volunteers” who may be required to undergo a background investigation and a criminal history records check.
2 New Paragraph; School Boards; School Employee and Volunteer Background Investigations. Amend RSA 189:13-a by inserting after paragraph VII the following new paragraph:
VIII. A school administrative unit, school district, or charter school which has adopted a policy establishing procedures for certain volunteers shall be immune from civil or criminal liability, provided the school administrative unit, school district, or charter school has acted in accordance with its policy.
3 Registration of Criminal Offenders; Release of Certain Sexual Offenders into the Community. Amend RSA 651-B:3 to read as follows:
651-B:3 Release of Certain Sexual Offenders Into the Community; Duties.
I. Upon release of any sexual offender or offender against children required to register, whether on probation, parole, conditional or unconditional release, completion of sentence, release from secure psychiatric care, or for any other reason, the official in charge of such release shall notify the offender of the offender’s duty to report under this chapter. The offender shall acknowledge in writing that he has received such notice. The official shall obtain the address at which the offender expects to reside upon release and shall report such address to the department. The department shall inform the local law enforcement agency in the city or town where the offender expects to reside. The local law enforcement agency in the city or town where the offender expects to reside may notify all schools within its jurisdiction of the address at which the offender expects to reside. If such notification occurs, the local law enforcement agency shall notify all schools within its jurisdiction of any changes to the offender’s information made pursuant to RSA 651-B:5. The division shall enter the information concerning the offender’s release and notification in the LENS system.
II. Upon receipt from any out-of-state law enforcement agency of information that a sex offender or offender against children has moved to New Hampshire, the department shall locate and shall serve notice upon such offender of the offender’s duty to report under this chapter. The offender shall acknowledge in writing that the offender has received such notice. The department shall obtain the address at which the offender expects to reside and shall inform the local law enforcement agency. The local law enforcement agency in the city or town where the offender expects to reside may notify all schools within its jurisdiction of the address at which the offender expects to reside. The division shall enter the information concerning the offender’s location in New Hampshire and notification in the LENS system.
4 New Paragraph; Registration of Criminal Offenders; Change of Name or Alias or Address. Amend RSA 651-B:5 by inserting after paragraph III the following new paragraph:
IV. The local law enforcement agency in the city or town of the offender’s new place of residence may notify all schools within its jurisdiction of a change in residence of a person required to be registered under this chapter. The local law enforcement agency in the city or town where the offender resides may notify all schools within its jurisdiction of any change in name or alias of a person required to be registered under this chapter.
5 Effective Date. This act shall take effect 60 days after its passage.