REPORT TITLE:
Criminal History Checks


DESCRIPTION:
Requires the conduct of criminal history checks for teacher
trainee employees of the DOE employees of the counties who are in
close proximity to children.  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. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1273
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CRIMINAL HISTORY CHECKS FOR TEACHER TRAINEES.



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 but not be limited to criminal history
 
10 record checks.  For the purposes of this section, "criminal
 
11 history record check" means an examination or search for evidence
 
12 of an individual's criminal history by means of a criminal
 
13 history record check conducted by the Hawaii criminal justice
 
14 data center; provided that the Hawaii criminal justice data
 
15 center may charge a reasonable fee for criminal history record
 
16 checks performed at the request of a 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 thereof.  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 to read as follows:
 
21      "§846-43  Employees of the department of education, [and]
 
22 the counties[;], and teacher trainees in any public school;
 
23 criminal history checks.(a)  The department of education[,] and
 

 
Page 3                                                     1273
                                     S.B. NO.           S.D. 1
                                                        
                                                        

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

 
Page 4                                                     1273
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 or as a teacher trainee in any public school, or who is employed
 
 2 or seeks employment with any county in a position [which] that
 
 3 necessitates close proximity to children [may] shall be required
 
 4 to provide to the employer or prospective employer:
 
 5      (1)  A sworn statement indicating whether or not the person
 
 6           has ever been convicted of a crime (other than a
 
 7           traffic violation involving a fine of $50 or less), and
 
 8           the details thereof:
 
 9      (2)  Written consent for the employer to conduct a criminal
 
10           history record check as provided in subsection (a) and
 
11           to obtain other information for verification; and
 
12      (3)  Permission to be fingerprinted for the purpose of the
 
13           Federal Bureau of Investigation criminal history record
 
14           check.
 
15 Information obtained pursuant to subsection (a) and this
 
16 subsection shall be used exclusively by the employer or
 
17 prospective employer for the purpose of determining whether or
 
18 not a person is suitable for working in close proximity to
 
19 children.  All such decisions shall be subject to federal laws
 
20 and regulations currently or hereafter in effect.
 
21      (c)  The employer or prospective employer may refuse to
 
22 employ, may refuse to issue a teaching or other educational
 
23 certificate to, may revoke the teaching or other educational
 

 
Page 5                                                     1273
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 certificate of, may refuse to allow or continue to allow
 
 2 permission to serve under training, or may terminate the
 
 3 employment of any employee or applicant if the person has been
 
 4 convicted of a crime, other than a minor traffic offense
 
 5 involving a fine of $50 or less, and if the employer or
 
 6 prospective employer finds by reason of the nature and
 
 7 circumstances of the crime that the person poses a risk to the
 
 8 health, safety, or well-being of children.  Such refusal,
 
 9 revocation, or termination may occur only after appropriate
 
10 investigation, notification of results and planned action, and
 
11 opportunity to meet and rebut the finding, all of which need not
 
12 be conducted in accordance with chapter 91.
 
13      (d)  This section shall not be used by the department of
 
14 education to secure criminal history record checks on persons who
 
15 have been employed continuously by the department on a salaried
 
16 basis prior to July 1, 1990.
 
17      (e)  This section shall not be used by a county to secure
 
18 criminal history record checks on persons who have been employed
 
19 continuously on a salaried basis prior to June 1, 1998.
 
20      (f)  For the [purposes] purpose of this section, "close
 
21 proximity to children" as applied to the counties, applies to
 
22 programs and services for recreation or child care, or both.
 
23      (g)  For the purpose of this section, notwithstanding any
 

 
Page 6                                                     1273
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 1 other law to the contrary, the department of education[,] and the
 
 2 counties[, and private schools] shall be exempt from section
 
 3 831-3.1 and need not conduct its investigations, notifications,
 
 4 or hearings in accordance with chapter 91."
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect on July 1, 1999.