Delaware General Assembly

Passed 5/12/22

The General Assembly has ended, the current status is the final status.

HB 204

3/17/22

K. Williams

Sen. Poore

Reps. Baumbach, Briggs King, Dorsey Walker, Griffith, K. Johnson, Ramone, Yearick
Sen. Ennis, Gay, Lockman, Mantzavinos, Pettyjohn, Richardson, Sokola, Walsh, Wilson

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS AND SUBSEQUENT CRIMINAL HISTORIES FOR POTENTIAL OR CURRENT EMPLOYEES OF CHILD SERVING ENTITIES.

This Act removes the exemption for private schools and youth camps that allows them to use a name, rather than fingerprint, based background check or to choose not to do background checks at all for employees, contractors, or volunteers. The Act also provides that when the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. Authority is given to Department of Education to pay the costs of background checks for its employees. This bill also adds clarifications for when the Department of Education is the employer. This Act also corrects existing typos in § 309 of Title 31 and makes clarifying changes to the processing of background checks when the Department of Education is the employer.

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Takes effect upon being signed into law

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