Bill Text - SB553 (2020)

Relative to school employee and school volunteer criminal history record checks.


Revision: Dec. 24, 2019, 10:04 a.m.

SB 553  - AS INTRODUCED

 

 

2020 SESSION

20-2895

06/03

 

SENATE BILL 553

 

AN ACT relative to school employee and school volunteer criminal history record checks.

 

SPONSORS: Sen. Morgan, Dist 23; Sen. Bradley, Dist 3

 

COMMITTEE: Education and Workforce Development

 

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ANALYSIS

 

This bill makes changes to the list of offenses that bar an individual from being hired by a school administrative unit, school district, chartered public school, or public academy.

 

This bill is a request of the department of education.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2895

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to school employee and school volunteer criminal history record checks.

 

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

 

1  School Employee and Designated School Volunteer Criminal History Records Check.  Amend RSA 189:13-a, V to read as follows:

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 following offenses, or a reasonably equivalent offense in an out-of-state jurisdiction shall not be hired by a school administrative unit, school district, chartered public school, or public academy: RSA 318-B:2, possession with intent to sell within 5 years of application for employment; 265-A:3; 630:1; 630:1-a; 630:1-b; 630:2; 631:1; 631:2; 632-A:2; 632-A:3; 632-A:4; 633:1; 633:7; 634:1; 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.  The superintendent 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.

SB 553  - AS INTRODUCED

 

 

2020 SESSION

20-2895

06/03

 

SENATE BILL 553

 

AN ACT relative to school employee and school volunteer criminal history record checks.

 

SPONSORS: Sen. Morgan, Dist 23; Sen. Bradley, Dist 3

 

COMMITTEE: Education and Workforce Development

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill makes changes to the list of offenses that bar an individual from being hired by a school administrative unit, school district, chartered public school, or public academy.

 

This bill is a request of the department of education.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

20-2895

06/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to school employee and school volunteer criminal history record checks.

 

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

 

1  School Employee and Designated School Volunteer Criminal History Records Check.  Amend RSA 189:13-a, V to read as follows:

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 following offenses, or a reasonably equivalent offense in an out-of-state jurisdiction shall not be hired by a school administrative unit, school district, chartered public school, or public academy: RSA 318-B:2, possession with intent to sell within 5 years of application for employment; 265-A:3; 630:1; 630:1-a; 630:1-b; 630:2; 631:1; 631:2; 632-A:2; 632-A:3; 632-A:4; 633:1; 633:7; 634:1; 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.  The superintendent 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.