1 New Section; Public Libraries Criminal History Record Check. Amend RSA 202-A by inserting after section 25 the following new section:

202-A:26 Criminal History Record Check Required.

I. Every public library shall complete a criminal history record check on every person who is not an employee of the library, who is under consideration by the library to perform or present in a library-sponsored event or program, and who will have contact with minors.

II. Such person shall submit to the library trustees or other governing body a criminal history record release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history record check through its state record 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 to the library trustees or other governing body. The invitee shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency. 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 record check, the conditional offer to perform or present shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the library trustees or other governing body may, in lieu of the criminal history record check, accept police clearances from every city, town, or county where such person has lived during the past 5 years. The library may require the invitee to bear the cost of the criminal history record check.

III. The library trustees or other governing body shall maintain the confidentiality of all criminal history record information received pursuant to this section. If the criminal history record information indicates no criminal record, the library trustees or other governing body shall destroy the information received immediately following review of the information. If the criminal history record information indicates that the invitee has been convicted of any crime under or has been charged pending disposition for a crime under paragraph V, the division of state police shall notify the library trustees or other governing body of any such charges pending disposition or convictions. The library trustees or other governing body shall destroy any criminal history record information that indicates a criminal record within 60 days of receiving such information.

IV. 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 permitted to present or perform at the library.

V. Violations of this section shall be investigated by the state police. Information obtained through such investigations shall remain confidential and shall not be subject to RSA 91-A.

VI. A library trustee or other governing body member who violates this section shall be guilty of a violation and subject to a fine of $500 to be collected by the commissioner of the department of safety and remitted to the police standards and training council.

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

1 New Section; Public Libraries Criminal History Record Check. Amend RSA 202-A by inserting after section 25 the following new section:

202-A:26 Criminal History Record Check Required.

I. Every public library shall complete a criminal history record check on every person who is not an employee of the library, who is under consideration by the library to perform or present in a library-sponsored event or program, and who will have contact with minors.

II. Such person shall submit to the library trustees or other governing body a criminal history record release form, as provided by the division of state police, which authorizes the division of state police to conduct a criminal history record check through its state record 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 to the library trustees or other governing body. The invitee shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency. 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 record check, the conditional offer to perform or present shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the library trustees or other governing body may, in lieu of the criminal history record check, accept police clearances from every city, town, or county where such person has lived during the past 5 years. The library may require the invitee to bear the cost of the criminal history record check.

III. The library trustees or other governing body shall maintain the confidentiality of all criminal history record information received pursuant to this section. If the criminal history record information indicates no criminal record, the library trustees or other governing body shall destroy the information received immediately following review of the information. If the criminal history record information indicates that the invitee has been convicted of any crime under or has been charged pending disposition for a crime under paragraph V, the division of state police shall notify the library trustees or other governing body of any such charges pending disposition or convictions. The library trustees or other governing body shall destroy any criminal history record information that indicates a criminal record within 60 days of receiving such information.

IV. 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 permitted to present or perform at the library.

V. Violations of this section shall be investigated by the state police. Information obtained through such investigations shall remain confidential and shall not be subject to RSA 91-A.

VI. A library trustee or other governing body member who violates this section shall be guilty of a violation and subject to a fine of $500 to be collected by the commissioner of the department of safety and remitted to the police standards and training council.

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