A1075

An Act concerning criminal history record background checks and the disclosure of certain juvenile information, supplementing P.L.1982, c.79 (C.2A:4A-60 et seq.) and amending P.L.1985, c.69.

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

1. (New section) Notwithstanding any other law to the contrary, the information contained in the records of a law enforcement agency pertaining to a juvenile adjudicated delinquent for, or found guilty of, an offense which, if committed by an adult, would constitute any of the following crimes shall be disclosed by the State Bureau of Identification when conducting a criminal history record background check in a non-criminal matter requested by a person, agency or entity authorized to receive this information by federal or State statute, rule or regulation, executive order, administrative code provision, local ordinance or resolution pursuant to P.L.1985, c.69 (C.53:1-20.5 et seq.): aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.2C:24-4; luring or enticing pursuant to section 1 of P.L.1993, c.291 (C.2C:13-6); criminal sexual contact pursuant to subsection b. of N.J.S.2C:14-3 if the victim is a minor; kidnapping pursuant to N.J.S.2C:13-1, criminal restraint pursuant to N.J.S.2C:13-2, or false imprisonment pursuant to N.J.S.2C:13-3 if the victim is a minor and the offender is not the parent of the victim; or an attempt to commit any of these enumerated offenses.

2. Section 1 of P.L.1985, c.69 (C.53:1-20.5) is amended to read as follows:

1. As used in this act:

a. "Processing criminal history record background checks" means the process whereby the State Bureau of Identification compares a set of fingerprints or name search request with those in its files for a determination as to the criminal history of the person identified by the request.

b. "Noncriminal matter" means any matter, other than the arrest of a person for an indictable offense or other criminal justice purpose, which requires the submission of a person's fingerprints or name search request to the State Bureau of Identification for processing. These matters include background investigations for licensing or employment, or both.

c. For purposes of this section, the criminal history record of a person does not include records concerning charges or adjudications of juvenile delinquency, except as provided in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). Such records shall be disclosed only as provided in section 1 of P.L.1982, c.79 (C.2A:4A-60).

(cf: P.L.1994, c.56, s.5)

2. This act shall take effect immediately.

STATEMENT

This bill would require the State Bureau of Identification (SBI) in the Division of State Police to disclose sex offenses committed by persons as juveniles in criminal history record background checks conducted in non-criminal matters, such as licensing and employment. This requirement would only apply to State background checks made at the request of authorized persons. Only those sex offenses for which the person was adjudicated delinquent for, or found guilty of, as a juvenile would be disclosed. Under current law, the criminal history record of a person does not include records concerning charges or adjudications of juvenile delinquency.

Under the bill, the specific sex offenses which would be disclosed in a criminal history record background check in a non-criminal matter are: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping; endangering the welfare of a child by engaging in conduct which would impair or debauch the morals of the child; endangering the welfare of a child by photographing the child in a prohibited sex act; luring or enticing a child into a motor vehicle, structure or isolated area for the purpose of committing a criminal act against that child; criminal sexual contact with a minor under certain circumstances; criminal restraint; false imprisonment of a minor by someone other than a parent; and any attempt to commit any of these offenses.

The SBI conducts criminal history record background checks by comparing a person's fingerprints or name to information contained in the New Jersey State Police SBI Criminal Justice Information System, which contains all records of convictions in New Jersey courts and all records of pending arrests and charges. The SBI disseminates this information in non-criminal matters to persons and entities authorized to receive it by federal or State statute, rule or regulation, executive order, administrative code provision, local ordinance or resolution, including: federal, State and other state governmental entities for official governmental purposes, employers for the purpose of determining a person's professional qualifications, licensed attorneys for contested case matters and private detectives for their statutorily specified functions.

Governmental agencies, employers and private detectives must certify that they are authorized to receive this information, that the information will be used only for authorized purposes, that the information will not be disseminated to unauthorized persons and that they will provide applicants a reasonable opportunity to challenge the accuracy of the information and make corrections, if necessary.