Bill Details - HB380 (2019)

HB 380 - AS INTRODUCED

 

 

2019 SESSION

19-0308

06/03

 

HOUSE BILL 380

 

AN ACT relative to the duty of school superintendents regarding criminal history records checks.

 

SPONSORS: Rep. Prudhomme-O'Brien, Rock. 6; Rep. Eisner, Rock. 6; Rep. Love, Rock. 6; Rep. Potucek, Rock. 6

 

COMMITTEE: Education

 

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ANALYSIS

 

This bill permits a designee of the superintendent to perform the duties of the superintendent regarding criminal history records checks.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0308

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the duty of school superintendents regarding criminal history records checks.

 

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

 

1  School Employees; Criminal History Records Check; Duties of Superintendent.  Amend RSA 189:13-a, II-V 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 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, or designee, 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.

III.  The superintendent, or designee, of the school administrative unit or the chief executive officer of the chartered public school or public academy shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph.  If the criminal history records information indicates no criminal record, the superintendent, or designee, of the school administrative unit or the chief executive officer of the chartered public school or public academy shall destroy the information received immediately following review of the information.  If the criminal history records information indicates that the applicant has been convicted of any crime or has been charged pending disposition for or convicted of a crime listed in paragraph V, the superintendent, or designee, of the school administrative unit or the chief executive officer of the 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 superintendent, or designee, of the school administrative unit or the chief executive officer of the chartered public school or public academy shall destroy any criminal history record information that indicates a criminal record within 60 days of receiving such information.

IV.  The school administrative unit, school district, chartered public school, or public academy may require the selected applicant for employment or designated volunteer to pay the actual costs of the criminal history records check.

V.  Any person who has been charged pending disposition for or convicted of any violation or attempted violation of RSA 630:1; 630:1-a; 630:1-b; 630:2; 632-A:2; 632-A:3; 632-A:4; 633:1; 639:2; 639:3; 645:1, II or III; 645:2; 649-A:3; 649-A:3-a; 649-A:3-b; 649-B:3; or 649-B:4; or any violation or any attempted violation of RSA 650:2 where the act involves a child in material deemed obscene; in this state, or under any statute prohibiting the same conduct in another state, territory, or possession of the United States, shall not be hired by a school administrative unit, school district, chartered public school, or public academy.  The superintendent, or designee, of the school administrative unit or the chief executive officer of the chartered public school or public academy may deny a selected applicant a final offer of employment if such person has been convicted of any crime, misdemeanor or felony, in addition to those listed above.  The governing body of a school district, chartered public school, or public academy shall adopt a policy relative to hiring practices based on the results of the criminal history records check and report of misdemeanors and felonies received under paragraph II.  Such policy may include language stating that any person who has been convicted of any misdemeanor, or any of a list of misdemeanors, may not be hired.  Such policy may also include language stating that any person who has been convicted of any felony, or any of a list of felonies, shall not be hired.

2  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Education HJ 3 P. 12
Jan. 22, 2019 Public Hearing: 01/22/2019 02:00 pm LOB 207
March 12, 2019 ==CANCELLED== Executive Session: 03/12/2019 10:00 am LOB 207
March 13, 2019 ==RESCHEDULED== Executive Session: 03/13/2019 10:00 am LOB 207
March 19, 2019 Committee Report: Inexpedient to Legislate for 03/19/2019 (Vote 19-0; CC) HC 16 P. 7
Committee Report: Inexpedient to Legislate (Vote 19-0; CC)
March 19, 2019 Inexpedient to Legislate: MA VV 03/19/2019 HJ 10 P. 17

Action Dates

Date Body Type
Jan. 22, 2019 House Hearing
March 12, 2019 House Exec Session
March 13, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote

Bill Text Revisions

HB380 Revision: 4610 Date: Jan. 7, 2019, 3:04 p.m.