Bill Text - SB386 (2018)

Relative to access to criminal records.


Revision: May 25, 2018, 11:30 a.m.

SB 386 - VERSION ADOPTED BY BOTH BODIES

 

05/23/2018   2088EBA

2018 SESSION

18-2717

08/03

 

SENATE BILL 386

 

AN ACT relative to access to criminal records.

 

SPONSORS: Sen. Kahn, Dist 10; Rep. M. MacKay, Hills. 30; Rep. J. Edwards, Rock. 4; Rep. Roberts, Hills. 4; Rep. Hansen, Hills. 22

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill allows a person to request and receive a copy of the criminal conviction of another person without requiring such persons authorization to be notarized.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/23/2018   2088EBA 18-2717

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to access to criminal records.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Department of Revenue Administration; Employee Candidate Background Checks.  Amend RSA 21-J:3-a, II to read as follows:

II.  A candidate for employment in a position in the department shall submit to the commissioner a [notarized] criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any.  The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the commissioner.  In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the commissioner may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

2  Department of Safety; Employee Candidate Background Checks.  Amend RSA 21-P:15-c, II to read as follows:

II.  A candidate for employment in a position which the commissioner determines requires a background investigation and a criminal history records check shall submit to the department a [notarized] criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any.  The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the commissioner.  In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

3  County Commissioners; Employee Candidate Background Checks.  Amend RSA 28:10-c, II to read as follows:

II.  A candidate for employment in a position that the county commissioners determine requires a background investigation and a criminal history records check shall submit to the county a [notarized] criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any.  The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the county commissioners.  In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the county may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

4  Powers and Duties of Towns; Background Checks for Certain Vendors.  Amend RSA 31:102-b, I to read as follows:

I.  Any municipality may require persons who go from door to door, place to place within a town, or town to town, who sell, offer to sell, or take orders for merchandise or offer to perform personal services for household repairs or improvements, to submit to a state records check only, or both a federal and state records check.  Municipalities that require a state criminal history records check shall have such person submit to the municipality a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any.  To obtain a federal records check, such person shall [also] submit to the municipality a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any, [with the release form,] and a complete set of fingerprints.

5  Choice and Duties of Town Officers; Employee Candidate Background Checks.  Amend RSA 41:9-b, II to read as follows:

II.  A candidate for employment in a position which the governing body or town manager determines requires a background investigation and a criminal history records check shall submit to the town a [notarized] criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any.  The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the governing body or town manager.  In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the town may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

6  Use of Cannabis for Therapeutic Purposes; Departmental Administration; Registry Identification Cards.  Amend RSA 126-X:4, II-a to read as follows:

II-a.  In addition to the information required pursuant to paragraph II, the department shall also receive notification of any felony convictions from the division of state police.  A person applying to be a designated caregiver shall submit directly to the department of safety a [notarized] criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of any felony convictions to the department.  The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety.  In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances showing no felony convictions from every city, town, or county where the person has lived during the past 5 years.  The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation.  Upon completion of the records check, the division of state police shall report to the department whether or not there are any felony convictions.  The department shall maintain the confidentiality of criminal history record information received pursuant to this section.  The applicant shall bear the cost of a criminal history records check.

7  Nursing Home Administrators; Criminal History Record Checks.  Amend RSA 151-A:6-a, I to read as follows:

I.  Every applicant for initial or reciprocity licensure or reinstatement shall submit to the board a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

8  Emergency Medical and Trauma Services; Criminal History Record Checks for Provider Licensure and Relicensure.  Amend RSA 153-A:10-a, I to read as follows:

I.  Every applicant for initial licensure, reinstatement after license action from the division, or license renewal after lapsing, shall submit to the division a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the division.

9  Child Day Care Licensing; State Registry and Criminal Records Check; Revocation of Registration and Withholding o State Funds.  Amend RSA 170-E:7, I-a to read as follows:

I-a.  The persons described in paragraph I shall submit directly to the department of safety a [notarized] criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any, to the department.  The person shall complete a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System through a qualified law enforcement agency or an authorized employee of the department of safety.  The department of safety shall complete the criminal history records check and forward such record, if any, to the department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

10  Child Day Care Licensing; State Registry and Criminal Records Check; Revocation of Registration and Withholding of State Funds.  Amend RSA 170-E:7, II(b) to read as follows:

(b)  The department of safety shall submit the [notarized] criminal history record information authorization form to the New Hampshire division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation.  Upon completion of the background investigation, the division of state police shall release copies of the criminal conviction records to the department.  The department shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph.

11  Residential Care and Child-Placing Agency Licensing; State Registry and Criminal Records Check for Child Care Institutions and Child Care Agencies.  Amend RSA 170-E:29-a, I-a to read as follows:

I-a.  The persons described in paragraph I shall submit directly to the department of safety a [notarized] criminal history record information authorization form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any, to the department.  The persons shall complete a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System through a qualified law enforcement agency or an authorized employee of the department of safety.  The department of safety shall complete the criminal history records check and forward such record, if any, to the department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

12  School Boards, Transportation and Instruction of Pupils; School Employee and Designated School Volunteer Criminal History Records Check.  Amend RSA 189:13-a, II to read as follows:

II.  The selected applicant for employment or designated volunteer with a school administrative unit, school district, chartered public school, or public academy shall submit to the employer a [notarized] criminal history records release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history records check through its state records and through the Federal Bureau of Investigation and to release a report of any misdemeanors and/or felony convictions and any charges pending disposition for any crimes listed in paragraph V to the superintendent of the school administrative unit or the chief executive officer of the chartered public school or public academy.  The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the school administrative unit, school district, chartered public school, or public academy. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the school administrative unit, school district, chartered public school, or public academy may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where an applicant has lived during the past 5 years.

13  Motor Vehicle Drivers' School; Driver Education Certificate Application.  Amend RSA 263:44-b, I to read as follows:

I.  Every applicant for an initial driver education certificate shall submit to the division of motor vehicles a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the division of motor vehicles.

14  Games of Chance; License Applications; General Requirements and Process.  Amend RSA 287-D:5, IV(c) to read as follows:

(c)  A [notarized] criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the lottery commission.

15  Games of Chance; Background and Criminal Records Check.  Amend RSA 287-D:12, I to read as follows:

I.  All applicants for a license pursuant to this chapter shall submit to the lottery commission a New Hampshire department of safety, division of state police, [notarized] criminal record release authorization form.

16  State Licensed or Certified Real Estate Appraisers; Criminal History Record Checks.  Amend RSA 310-B:6-a, I to read as follows:

I.  Every applicant for initial licensure shall submit to the board a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the board.

17  Nurse Practice Act; Criminal History Record Checks.  Amend RSA 326-B:15, I to read as follows:

I.  Every applicant for initial licensure shall submit to the board a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the board.

18  Physician Assistants; Conditions for Licensure.  Amend RSA 328-D:3, I(e) to read as follows:

(e)  Submit a complete set of fingerprints and a [notarized] criminal history record release form pursuant to RSA 328-D:3-a.

19  Physician Assistants; Criminal History Record Checks.  Amend RSA 328-D:3-a, I to read as follows:

I.  Every applicant for initial permanent licensure or reinstatement shall submit to the board a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

20  Board of Registration of Medical Technicians; Initial Registration; Application, Fees.  Amend RSA 328-I:6, II(c) to read as follows:

(c)  A complete set of fingerprints and a [notarized] criminal history record release form pursuant to RSA 328-I:7.

21  Board of Registration of Medical Technicians; Criminal History Record Checks.  Amend RSA 328-I:7, I to read as follows:

I.  Every applicant for initial registration or reinstatement shall submit to the board a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

22  Physicians and Surgeons; Criminal History Record Checks.  Amend RSA 329:11-a, I to read as follows:

I.  Every applicant for initial permanent licensure or reinstatement shall submit to the board of medicine a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

23  Physicians and Surgeons; Qualifications of Licensees.  Amend RSA 329:12, I(c) to read as follows:

(c)  Submit a complete set of fingerprints and a [notarized] criminal history record release form pursuant to RSA 329:11-a.

24  Psychologists; Criminal History Record Checks.  Amend RSA 329-B:14-a, I to read as follows:

I.  Every applicant for initial permanent licensure or reinstatement shall submit to the board a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

25  Psychologists; Psychologist License.  Amend RSA 329-B:15, I(f) to read as follows:

(f)  Has submitted a complete set of fingerprints and a [notarized] criminal history records release form in accordance with RSA 329-B:14-a.

26  Alcohol and Other Drug Use Professionals; Licensure and Certification; Applicants.  Amend RSA 330-C:15, I(d) to read as follows:

(d)  Submit a complete set of fingerprints and a [notarized] criminal history record release form pursuant to RSA 330-C:20;

27  Alcohol and Other Drug Use Professionals; Criminal Record Checks.  Amend RSA 330-C:20, I to read as follows:

I.  Every applicant for initial licensure or certification or reinstatement shall submit to the board a [notarized] criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

28  Retail Installment Sales of Motor Vehicles; Licensing of Sales Finance Companies and Retail Sellers Required.  Amend RSA 361-A:2, II(a)(2) to read as follows:

(2)  The persons described in subparagraph II(a) shall submit to the department a [notarized] criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any.  The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the banking department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints is necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

29  Bank Commissioner Compensation; Assistants.  Amend RSA 383:7, VI to read as follows:

VI.  The selected applicant for employment shall submit to the department a [notarized] criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any.  The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department.  In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where an applicant has lived during the past 5 years.

30  Bank and Credit Union Regulatory and Enforcement; Application.  Amend RSA 383-A:3-305(e)(3) to read as follows:

(3)  If required by the commissioner, the persons described in subsections (e)(1) and (e)(2) shall submit to the department a [notarized] criminal history records release form, as provided by the New Hampshire department of safety, division of state police, which authorizes the release of the person's criminal records, if any, and a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department.  If the first set of fingerprints is invalid due to insufficient pattern, then a second set of fingerprints may be necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, then, in lieu of the criminal history records check, the department may accept police clearances from every city, town, or county where the person has lived during the past 5 years.

31  Credit Union Act; Application.  Amend RSA 383-E:3-304(e)(2) to read as follows:

(2)  If required by the commissioner, the persons described in subsection (1) hereof shall submit to the department a [notarized] criminal history records release form, as provided by the New Hampshire department of safety, division of state police, which authorizes the release of the person's criminal records, if any, and a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints may be necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

32  Licensing of Nondepository Mortgage Bankers, Brokers, and Servicers.  Amend RSA 397-A:5, II(b) to read as follows:

(b)  The persons described in subparagraph (a) shall submit to the department a [notarized] criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any.  The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the banking department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints is necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

33  Regulation of Small Loans, Title Loans, and Payday Loans.  Amend RSA 399-A:4, III(b) to read as follows:

(b)  The persons described in subparagraph (a) shall submit to the department a [notarized] criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any.  The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the banking department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints is necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

34  Debt Adjustment Services; Application and Fees.  Amend RSA 399-D:4, III(b) to read as follows:

(b)  The persons described in subparagraph (a) shall submit to the department a [notarized] criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any.  The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints is necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

35  Licensing of Money Transmitters; Application and Fees.  Amend RSA 399-G:4, III(b) to read as follows:

(b)  The persons described in subparagraph (a) shall submit to the department a [notarized] criminal history records release form, as provided by the New Hampshire division of state police, which authorizes the release of the person's criminal records, if any.  The person shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints is necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

36  Department of Revenue Administration; Duties of Commissioner; Background Checks.  Amend RSA 21-J:3-a to read as follows:

21-J:3-a  [Employee Candidate] Background Checks.  

I.  The commissioner of the department of revenue administration may require a background investigation and a criminal history records check on any candidate for employment in a position in the department prior to a final offer of employment.  The commissioner may request only a state records check or both a federal and state records check, to be conducted through the division of state police.  The commissioner may extend a conditional offer of employment to a candidate, with a final offer of employment subject to a successfully completed criminal history records check.

I-a.  The commissioner of the department of revenue administration may require a background investigation and a criminal history records check on any current employee of the department for the purpose of determining that employee's suitability to access confidential tax information, including federal tax information.  The commissioner may request only a state records check or both a federal and state records check, to be conducted through the division of state police.

II.  A candidate for employment in a position in the department or a current employee required by the commissioner to submit to a background investigation and a criminal history records check shall submit to the commissioner a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any.  The candidate or employee shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the commissioner.  In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, [the] any conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the commissioner may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate or employee has lived during the past 5 years.

III.  To obtain a state records check only, the commissioner or his or her designee shall submit a state criminal history records release form to the division of state police.  To obtain both the federal and the state records check, the commissioner or his or her designee shall submit the criminal history records release form and applicant finger print card to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation.  Upon completion of the background investigation, the division of state police shall report any criminal conviction information to the commissioner or his or her designee.  The commissioner or his or her designee may submit fingerprint information electronically, in accordance with procedures established by the division of state police.  The department shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph.

IV.  The commissioner may require the candidate or employee to pay the actual costs of the background investigation and the criminal history records check.

V.  For purposes of this section, the terms "candidate" and "employee" shall include any contractor, subcontractor, vendor, or other person performing work, including unpaid work or as a volunteer, at the department of revenue administration.

37  Nullification.  The provisions of 2018, 52:2 (SB 406-FN of the regular legislative session) shall not take effect.   

38  Contingency; Emergency Medical and Trauma Services; Criminal History Record Checks. If HB 1684 of the 2018 regular legislative session becomes law, section 8 of this act shall not take effect.  If HB 1684 does not become law, section 8 of this act shall take effect 60 days after its passage.

39  Effective Date.

I.  Section 36 of this act shall take effect January 1, 2019.

II.  Section 8 of this act shall take effect as provided in section 38 of this act.

III.  The remainder of this act shall take effect 60 days after its passage.