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AL SB360

Bill

Status

Introduced

4/6/2011

Primary Sponsor

Bill Holtzclaw

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Origin

Senate

Regular Session 2011

AI Summary

SB360 Summary

  • Amends Alabama Code Sections 38-13-2, 38-13-3, 38-13-4, and 38-13-7 to clarify criminal background check requirements for individuals providing care to children, elderly persons, and individuals with disabilities.

  • Allows permissive (rather than mandatory) referrals for prosecution, employment termination, or denial of foster/adoptive parent approval when applicants inadvertently provide false information about their criminal history.

  • Clarifies that only Department of Human Resources employees with unsupervised access to vulnerable populations must undergo background checks, and eliminates requirements to request background information from the Department of Education for individuals already checked.

  • Requires criminal history reports from the Department of Public Safety to be transmitted to the Department of Human Resources through an FBI-certified channeler and sent to applicants with disqualifying crimes.

  • Limits reversal of unsuitability determinations to non-sex crimes and non-crimes against children, elderly, or disabled individuals, with felony convictions requiring 10 years and misdemeanors requiring 5 years crime-free before reinstatement consideration.

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

Indefinitely Postponed

6/1/2011

Committee Referrals

Children, Youth Affairs, and Human Resources4/6/2011

Full Bill Text

No bill text available