S3016

An Act concerning background checks and amending P.L.1999, c.432.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1999, c.432 (C.15A:3A-1) is amended to read as follows:

1. As used in this act:

“Criminal history record background check” means a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.

“Department” means the Department of Law and Public Safety.

[“Nonprofit youth] “Youth serving organization” or “organization” means a sports team, league, athletic association, any person or organization that provides private athletic lessons, or any other corporation, private or non-profit association or other organization [established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or other law of this State, but , excluding] that provides recreational, cultural, charitable, social or other activities or services for persons under 18 years of age.

The term shall not include public and nonpublic schools [, and which provides recreational, cultural, charitable, social or other activities or services] for persons younger than under 18 years of age [, and is exempt from federal income taxes].

(cf: P.L.1999, c.432, s.1)

2. Section 2 of P.L.1999, c.432 (C.15A:3A-2) is amended to read as follows:

2. a. [A nonprofit youth serving organization may] A youth serving organization shall request, through the department, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current employee [or] , volunteer, or organizer of [the] a youth serving organization.

b. For the purpose of conducting the criminal history record background check, the division shall examine its own files and arrange for a similar examination by federal authorities. The division shall inform the department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in section 3 of this act.

c. The division shall conduct a criminal history record background check only upon receipt of the written consent to the check of the prospective or current employee, or volunteer, or organizer.

d. The [organization or the] prospective or current employee or volunteer or organizer shall bear the costs associated with conducting criminal history background checks. Notwithstanding any law or regulation to the contrary, the department shall not charge a fee for a criminal history record background check that exceeds the actual cost of conducting that check, as determined by the Attorney General. The Attorney General shall annually certify to the State Treasurer the cost per criminal history background check in the immediately preceding year.

e. Each employee, volunteer, or organizer of a youth serving organization shall have a criminal history record background check conducted at least once a year.

f. An employee or volunteer of a public or nonpublic school who has received a criminal history record background check pursuant to section 1 of P.L.1986, c.116 (C.18A:6-7.1), or its equivalent, which shall include, but not be limited to, background checks utilized by national and international athletic associations dedicated to youth sports shall not be required to obtain an additional background check during the same calendar year in which the background check was required pursuant to this section. The employee or volunteer shall submit proof of completion of the criminal history record background check to the youth serving organization.

g. A youth serving organization that fails to request a criminal history record background check shall be subject to a civil penalty for each offense of up to $500 for a first offense, up to $750 for a second offense, and up to $1,000 for a third or subsequent offense. The penalty shall be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

h. It shall be a crime of the fourth degree for an employee or volunteer to participate in a youth serving organization with the knowledge that the employee or volunteer is disqualified based on that person’s criminal history.

i. It shall be a crime of the fourth degree for an organizer, coach, or any other person working in association with a youth serving organization to disregard the results of a criminal history background check or fail to obtain a criminal history background with knowledge that an employee or volunteer of the organization is disqualified from participating in the organization based on the criminal history of the employee or volunteer.

(cf: P.L.1999, c.432, s.2)

3. Section 3 of P.L.1999, c.432 (C.15A:3A-3) is amended to read as follows:

3. [Except as provided in] In addition to the provisions of P.L.2009, c.139 (C.2C:7-22 et al.), a person [may] shall be disqualified from serving as an employee [or] , volunteer , or organizer of a [nonprofit] youth serving organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:

a. In New Jersey, any crime or disorderly persons offense:

(1) involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.;

(2) against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.;

(3) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or

(4) involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10.

b. In any other state or jurisdiction, conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in subsection a. of this section.

c. Nothing herein shall be construed to authorize an excluded sex offender, as defined in section 1 of P.L.2009, c.139 (C.2C:7-22), to serve as an employee or volunteer in a youth serving organization or any other entity from which the excluded sex offender is otherwise statutorily disqualified.

(cf: P.L.2009, c.139, s.3)

4. Section 4 of P.L.1999, c.432 (C.15A:3A-4) is amended to read as follows:

4. a. Prospective or current employees [and] , volunteers, and organizers of [nonprofit] youth serving organizations shall submit their name, address, fingerprints, and written consent to the organization or the criminal history record background check to be performed. The organization shall supply this documentation to the Attorney General, who shall coordinate the background check.

b. The Attorney General is authorized to exchange fingerprint data with, and receive criminal history record information for use by [nonprofit] youth serving organizations from the Federal Bureau of Investigation, Identification Section and the Division of State Police, Bureau of Identification and [such] any other law enforcement agencies and jurisdictions as may be necessary for the purposes of [this act] P.L.1999, c.432 (C.15A:3A-1 et seq.).

c. The department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this act.

(cf: P.L.1999, c.432, s.4)

5. Section 5 of P.L.1999, c.432 (C.15A:3A-5) is amended to read as follows:

5. The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of [this act] P.L.1999, c.432 (C.15A:3A-1 et seq.), including regulations concerning access to and dissemination of information obtained as a result of conducting a criminal history record background check.

(cf: P.L.1999, c.432, s.5)

6. This act shall take effect on the first day of the second month next following the date of enactment.

STATEMENT

This bill expands the criminal history record background check requirement for current or prospective employees, volunteers, and organizers of youth serving organizations. The bill defines “youth serving organization” as a sports team, league, athletic association, any person or organization that provides private athletic lessons, or any other corporation, private or non-profit association or other organization that provides recreational, cultural, charitable, social or other activities or services for persons under 18 years of age.

Under current law, a nonprofit youth serving organization may request, through the Department of Law and Public Safety, that the State Bureau of Identification (SBI) in the Division of State Police conduct a criminal history record background check on a prospective or current employee or volunteer of an organization.

This bill expands current law to require these nonprofit youth serving organizations to conduct criminal history record background checks and also require for-profit youth servicing entities to conduct these checks. Under the bill, each employee, volunteer, or organizer of a youth serving organization would be required to have a criminal history record background check conducted at least once a year. An employee or volunteer of a public or nonpublic school who has received a criminal history record background or its equivalent, including, but not limited to, background checks utilized by national and international athletic associations dedicated to youth sports would not be required to obtain an additional background check during the same calendar year that the person is employed or volunteers with a youth serving organization. However, the employee or volunteer would be required to submit a copy of the criminal history record background check to the youth serving organization.

The bill also establishes civil penalties for youth serving organizations that fail to request a criminal history background check. Under the bill, a youth serving organization that fails to request a criminal history record background check would be subject to a civil penalty for each offense of up to $500 for a first offense, up to $750 for a second offense, and up to $1,000 for a third or subsequent offense.

Under the bill, an employee or volunteer who participates in youth serving organization with the knowledge that the employee or volunteer is disqualified from based on criminal history would be guilty of a fourth degree crime. In addition, it would be a crime of the fourth degree for an organizer, coach, or any other person working in association with a youth serving organization to disregard results of a criminal history background check or fail to obtain a criminal history background check knowing that an employee or volunteer of the organization is disqualified from participating in the organization. A crime of the fourth degree is punishable by a term of imprisonment for not more than 18 months, a fine of up to $10,000, or both.