SB 152 - AS INTRODUCED
2015 SESSION
15-0835
04/01
SENATE BILL 152
AN ACT requiring the state police to disclose the results of a criminal records check to school officials.
SPONSORS: Sen. Boutin, Dist 16; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Cataldo, Dist 6; Sen. Reagan, Dist 17; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Rep.?Lachance, Hills 8
This bill amends the disclosure procedures for criminal history records checks performed on prospective school employees and volunteers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0835
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT requiring the state police to disclose the results of a criminal records check to school officials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 School Employee and Volunteer Criminal History Records Check. Amend RSA 189:13-a, III to read as follows:
III. The school administrative unit, school district, chartered public school, or public academy shall submit the criminal history records release form to the New Hampshire state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. [The state police shall examine the list of crimes constituting grounds for non-approval of employment, or non-acceptance of volunteer services in that school administrative unit, school district, chartered public school, or public academy, and shall report the presence or absence of any such crime to the school administrative unit, school district, chartered public school, or public academy. Under no circumstances shall the criminal records be released to the school administrative unit, school district, chartered public school, or public academy.] Upon completion of the criminal records check, the division of state police shall release a copy of the records check to the school administrative unit, school district, chartered public school, or public academy. The school administrative unit, school district, chartered public school, or public academy shall maintain the confidentiality of all criminal history records information received [pursuant to this paragraph], except as provided in RSA 485-A:24, II(f). If the criminal history records information indicates no criminal record, the school administrative unit, school district, chartered public school, or public academy shall destroy the information received immediately following its review of the information. If [the criminal history records information indicates that] the applicant has been convicted of a [felony or has been charged pending disposition for or convicted of a] crime listed in paragraph V, the school administrative unit, school district, chartered public school, or public academy shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such charges pending disposition or convictions. The school administrative unit, school district, chartered public school, or public academy shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information.
2 Effective Date. This act shall take effect 60 days after its passage.