Bill Text: DE HB37 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Criminal History Reporting.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2015-01-29 - Introduced and Assigned to Judiciary Committee in House [HB37 Detail]
Download: Delaware-2015-HB37-Draft.html
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SPONSOR: |
Rep. J. Johnson & Sen. Townsend |
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Reps. Baumbach, Bolden, Heffernan, Keeley, Kowalko, Lynn, Osienski; Sen. Ennis |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 37 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL HISTORY REPORTING. |
Section 1.Amend §8513(c) of Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(c) Upon application the Bureau may, based upon the availability of resources and priorities set by the Superintendent of State Police, furnish information pertaining to the identification and conviction data of any person or persons of whom the Bureau has record, provided that the requesting agency or individual submits to a reasonable procedure established by standard set forth by the Superintendent of State Police to identify the person whose record is sought.These provisions shall apply to the dissemination of conviction data to:
(1)Individuals and agencies for the purpose of employment of the person whose record is sought, provided:
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The requesting individual or agency pays a reasonable fee as set by the
Superintendent, payable to the Delaware State Police; and
b. The use of the conviction data shall be limited to the purpose for which it was given; and
c. The data shall not contain information relating to convictions for offenses designated under §§4202 and 4203 of this title as unclassified misdemeanors or violations.
(2)Members of the news media, provided that the use of conviction data shall be limited to the purpose for which it was given, and the requesting media or news agency pays a reasonable fee as set by the Superintendent, payable to the Delaware State Police.
SYNOPSIS
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Many employers require criminal history background checks as a condition of employment.This bill would limit conviction data provided to prospective employers to Class B misdemeanor convictions or greater, meaning criminal acts classified as unclassified misdemeanors or violations shall not be disclosed for employment purposes.Law enforcement agencies, courts and individuals and entities in the criminal justice system would still have access to an individual's entire criminal history. |
