Every year numerous bills are introduced into the General Assembly that seek to expand the use of background checks in professions and or volunteering opportunities that rather than promote public safety, further push ex-offenders outside of a positive community atmosphere. This legislative year was no different.

H-6059 and S-661 requires anyone volunteering in a religious organization undergo a background check. This legislation passed the General Assembly in June and was signed by the Governor.  Similarly, H-5229 would require that any individual volunteering in a youth serving agency goes through a BCI before being able to volunteer. While this legislation passed the House, no action was taken in the senate prior to recess. H-5733 and S-614, which were passed in the House and Senate, codifies into law the already existing process that CASA volunteers undergo to be part of the program that include a background check and extensive training.

H-5677 mandates that individuals hired as personal assistants undergo a background check in which offenses that do not relate to the profession may disqualify them. In a similar fashion, H-5451 would disqualify potential contractors for a broad number of offenses and H-5644 would do the same. No action was taken on any of these bills prior to the June recess.

The ACLU voiced our concerns about the breadth of these bills and the lack of consideration for the nature and gravity of the offense, the time that has passed since the offense, conduct and/or completion of the sentence, and the nature of the job held or sought.

Session

2017

Position

Needs amendments