HB410: relative to disclosure of information for purposes of background investigations by criminal justice agencies of applicants for police, corrections, and security employment.

HB 410 - AS AMENDED BY THE HOUSE

25mar03... 0451h

2003 SESSION

03-0439

09/10

HOUSE BILL 410

AN ACT relative to disclosure of information for purposes of background investigations by criminal justice agencies of applicants for police, corrections, and security employment.

SPONSORS: Rep. Winchell, Rock 78; Rep. Flanagan, Rock 78

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes requirements for disclosure of information by current or former employers for purposes of background investigations conducted by criminal justice agencies of applicants for police, corrections, and security employment. The bill grants limited immunity to employers, the director of the police standards and training council, and criminal justice agencies for disclosure of employment or criminal history information.

This bill was requested by the police standards and training council.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0451h

03-0439

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to disclosure of information for purposes of background investigations by criminal justice agencies of applicants for police, corrections, and security employment.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Purpose. The purpose of this act is to provide sufficient protection to employers to allow a free exchange of information to ensure the suitability of persons hired by criminal justices agencies for sensitive police or corrections employment.

2 New Section; Applicant Background Investigations; Criminal Justice Employees. Amend RSA 188-F by inserting after section 32-c the following new section:

188-F:32-d Applicant Background Investigations.

I. In this section:

(a) "Criminal justice agency" means a police department, sheriff's office, the police standards and training council, the department of safety, the fish and game department, the liquor commission, or any other state law enforcement agency, or the administrative office of the courts.

(b) "Full employment information" means information regarding the suitability of the employee for re-employment; the employee's skills, abilities, and traits as they may relate to suitability for criminal justice employment; and, in the case of a former employee, the reason for the employee's separation including the terms of any separation agreement.

II. When a criminal justice agency or a criminal justice agency's authorized representative is conducting a background investigation of an applicant for appointment as a police officer, state or county corrections officer, court security officer, police communications dispatcher, probation-parole officer, licensed private detective or security guard, the applicant's current or former employers or agent shall provide to the criminal justice agency or authorized representative conducting the background investigation full employment information concerning the applicant.

III. The criminal justice agency or its authorized representatives shall present to the employer from whom the information is sought an authorization form for release of information that shall be either the original or a copy or facsimile of the original executed by the applicant no more than 12 months prior to the request, shall contain a statement that the authorization has been specifically furnished to the prospective employer presenting the authorization, and shall bear the authorized signature of the applicant.

IV. Any employer, criminal justice agency, or criminal justice agency's authorized representative who discloses employment or criminal history information pursuant to this section shall be immune from civil liability for such disclosure or its consequences unless the claimant shows by clear and convincing evidence that the information disclosed was false or deliberately misleading or disclosed with malicious purpose, and the person or employer providing the information reasonably should have known that it was false or misleading or disclosed with malicious purpose.

V. The immunity provided in paragraph IV shall also apply to any criminal justice agency or its authorized agents who reject an applicant as not morally or temperamentally fit for police employment on the basis of a background investigation, criminal history or military discharge information, polygraph or psychological testing, and shares that information with another prospective criminal justice employer.

3 Effective Date. This act shall take effect January 1, 2004.