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AL HB387
Bill
Status
4/19/2011
Primary Sponsor
Dickie Drake
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AI Summary
HB 387 Summary
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Clarifies and amends Alabama's criminal background check laws for individuals employed in child care, adult care, and child-placing agencies to screen for relevant criminal records.
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Makes prosecution of false information on criminal history applications permissive rather than mandatory, and allows for termination of employment or denial of foster/adoptive parent approval based on inadvertently false disclosures.
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Clarifies that only Department of Human Resources employees requiring unsupervised access to vulnerable populations must undergo background checks, and eliminates requirements to request duplicate information from the Department of Education for individuals already checked there.
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Requires transmission of criminal history reports from the Department of Public Safety to the Department of Human Resources through an FBI-certified channeler and mandates reports be sent to applicants with disqualifying crimes.
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Specifies types of suitability determinations eligible for reversal, with 10-year waiting periods for felonies and 5-year periods for misdemeanors, requiring individuals to affirmatively demonstrate successful rehabilitation through clear and convincing evidence.
Legislative Description
Criminal history background checks, Human Resources Department and Public Safety Department, duties clarified, transmission of criminal history reports via FBI-certified channeler, suitability determinations, types considered for reversal, clarified, Secs. 38-13-2, 38-13-3, 38-13-4, 38-13-7 am'd.
Crimes and Offenses
Last Action
Pending third reading on day 20 Favorable from Judiciary
4/27/2011