REPORT TITLE:
Criminal History Checks


DESCRIPTION:
Allows private schools to develop procedures for obtaining
verifiable information regarding the criminal history of persons
who are employed or are seeking employment in positions which
place them in close proximity with children. (SB1270 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1270
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EDUCATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 846, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§846-    Employees of private schools; criminal history
 
 5 record checks.  (a)  Private schools may develop procedures for
 
 6 obtaining verifiable information regarding the criminal history
 
 7 of persons who are employed or are seeking employment in
 
 8 positions which place them in close proximity to children.  These
 
 9 procedures shall include criminal history record checks.  For the
 
10 purposes of this section, "criminal history record check" means
 
11 an examination or search for evidence of an individual's criminal
 
12 history by means of a criminal history record check conducted by
 
13 the Hawaii criminal justice data center; provided that the Hawaii
 
14 criminal justice data center may charge a reasonable fee for
 
15 criminal history record checks performed at the request of a
 
16 private school.
 
17      (b)  Except as otherwise specified, any person who is
 
18 employed or seeks employment with a private school in a position
 
19 which necessitates close proximity to children may be required to
 

 
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 1 provide to the private school a sworn statement indicating
 
 2 whether or not the person has ever been convicted of a crime,
 
 3 other than a traffic violation involving a fine of $50 or less,
 
 4 and the details of the crime.  Information obtained pursuant to
 
 5 subsection (a) and this subsection shall be used exclusively by
 
 6 the private school for the purpose of determining whether or not
 
 7 a person is suitable for working in close proximity to children.
 
 8 All decisions shall be subject to federal laws and regulations
 
 9 currently or hereafter in effect.
 
10      (c)  Private schools may refuse to employ or may terminate
 
11 the employment of an employee or applicant if the person has been
 
12 convicted of a crime, other than a minor traffic offense
 
13 involving a fine of $50 or less, and if the private school finds
 
14 by reason of the nature and circumstances of the crime that the
 
15 person poses a risk to the health, safety, or well-being of
 
16 children.  This refusal or termination may occur only after
 
17 appropriate investigation, notification of results and planned
 
18 action, and opportunity to meet and rebut the finding."
 
19      SECTION 2.   Section 846-43, Hawaii Revised Statutes, is
 
20 amended:
 
21      1.  By amending subsections (a) and (b) to read as follows:
 
22      "(a)  The department of education[,] and the counties[, and
 
23 respective private schools,] may develop procedures for obtaining
 

 
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 1 verifiable information regarding the criminal history of persons
 
 2 who are employed or are seeking employment in any public [or
 
 3 private schools] school or any county in positions which place
 
 4 them in close proximity to children.  These procedures shall
 
 5 include [but not be limited to] criminal history record checks.
 
 6 For the purposes of this section, "criminal history record check"
 
 7 means an examination or search for evidence of an individual's
 
 8 criminal history by means of:
 
 9      (1)  A search for the individual's fingerprints in the
 
10           Federal Bureau of Investigation criminal history record
 
11           files and, if found, an analysis and any other
 
12           information available pertaining thereto; and
 
13      (2)  A criminal history record check conducted by the Hawaii
 
14           criminal justice data center;
 
15 provided that the Hawaii criminal justice data center may charge
 
16 a reasonable fee [for criminal history record checks performed
 
17 for private schools and] for Federal Bureau of Investigation
 
18 criminal history record checks.
 
19      (b)  Except as otherwise specified, any person who is
 
20 employed or seeks employment with a public [or private] school,
 
21 or any county in a position which necessitates close proximity to
 
22 children may be required to provide to the employer or
 
23 prospective employer:
 

 
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 1      (1)  A sworn statement indicating whether or not the person
 
 2           has ever been convicted of a crime (other than a
 
 3           traffic violation involving a fine of $50 or less), and
 
 4           the details thereof;
 
 5      (2)  Written consent for the employer to conduct a criminal
 
 6           history record check as provided in subsection (a) and
 
 7           to obtain other information for verification; and
 
 8      (3)  Permission to be fingerprinted for the purpose of the
 
 9           Federal Bureau of Investigation criminal history record
 
10           check.
 
11 Information obtained pursuant to subsection (a) and this
 
12 subsection shall be used exclusively by the employer or
 
13 prospective employer for the purpose of determining whether or
 
14 not a person is suitable for working in close proximity to
 
15 children.  All such decisions shall be subject to federal laws
 
16 and regulations currently or hereafter in effect."
 
17      2.  By amending subsection (g) to read as follows:
 
18      "(g)  For the purpose of this section, notwithstanding any
 
19 other law to the contrary, the department of education[,] and the
 
20 counties[, and private schools] shall be exempt from section
 
21 831-3.1 and need not conduct its investigations, notifications,
 
22 or hearings in accordance with chapter 91."
 

 
 
 
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 1      SECTION 3.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 4.  This Act shall take effect upon its approval.