ASSEMBLY, No. 1250

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman AZZOLINA and Assemblywoman J. SMITH

An Act concerning criminal history record background checks and supplementing Title 53 of the Revised Statutes.

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

    1. Notwithstanding any other provision of law to the contrary, any employer may request the State Bureau of Identification in the Division of State Police in the Department of Law and Public Safety to conduct a criminal history record background check of each prospective employee, including any prospective part-time or hourly employee hired during the holiday season or for a special event. The criminal history background check shall include a name and fingerprint identification check to ascertain whether the person has a record of criminal history. The prospective employee shall provide a prior written consent. The employer shall supply to the bureau the information necessary to conduct the check, including the name and fingerprints of the person.

    2. The department shall act as a clearinghouse for the collection and the dissemination of information obtained as a result of conducting the criminal history record background check conducted pursuant to section 1 of this act. The department shall advise the employer of the information received from the bureau concerning a prospective employee.

    3. a. The employer may initiate a criminal history record background check on a prospective employee before the person begins employment at the facility, whenever possible, and if it is not reasonably possible to do so, immediately after the person begins employment, to determine if the person is fit to be an employee at the facility.

    b. If the information from the criminal history record background check pursuant to section 1 of this act discloses that a prospective employee has a record of criminal history, the employer shall review the information with respect to the type and date of the criminal offense to determine if the person is fit to serve as an employee. Prior to making the determination, the employer shall advise the person that the criminal history records have been received and shall give the person the opportunity to review the records, to offer an explanation concerning the information contained therein and to submit additional pertinent information.

    4. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the department shall adopt rules and regulations necessary to implement the provisions of this act.

    5. The employer shall assume the cost of all criminal history record background checks conducted pursuant to this act.

    6. The Division of State Police in the Department of Law and Public Safety shall conduct a criminal history record background check which includes a name and fingerprint identification check of each prospective employee and ascertain whether or not the person has a criminal history. The division shall conduct the background check only upon receipt of the person's written consent to conduct the background check.

    The bureau shall, for the purposes of conducting the criminal history record background check, examine its own files and arrange for a similar examination by the Federal Bureau of Investigation.

    7. This act shall take effect on the 60th day after enactment.

STATEMENT

    The bill provides that an employer may require a prospective employee, including any prospective part-time or hourly employee hired during the holiday season or for a special event, to submit to a State and federal criminal history record background check to determine whether that person would be fit to serve as an employee. If the record discloses a criminal history, the employer would review the information with respect to the type and date of the criminal offense to determine if the person is fit to serve as an employee. The employee shall have the opportunity to review the records to offer an explanation and submit additional pertinent information.

    The bill would require the employer to assume the cost of the background checks.

Provides for criminal history background checks of certain employees.