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AL HB69
Bill
Status
2/7/2012
Primary Sponsor
Allen Treadaway
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AI Summary
HB69 Summary
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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.
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Allows permissive (rather than mandatory) referral for prosecution, employment termination, or denial of foster/adoptive parent approval when applicants inadvertently provide false information about criminal history on applications.
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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 that disqualifying crime reports be sent to affected applicants.
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Clarifies that only certain Department of Human Resources employees requiring unsupervised access to vulnerable populations must undergo criminal background checks, and eliminates requirements to request criminal background information from the Department of Education for individuals already checked there.
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Specifies that reversal of unsuitability determinations may only be requested for non-sex crimes and crimes not committed against children or vulnerable individuals, requiring 10 years lapse for felonies and 5 years for misdemeanors with demonstrated rehabilitation.
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
Treadaway motion to Indefinitely Postpone adopted Voice Vote
2/23/2012