Delaware General Assembly

Signed 5/9/02

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

3/13/02

Ennis

Reps. Brady, Ewing, Houghton, Lee, Oberle, Spence, VanSant, Wagner, D.P. Williams
Sen. Winslow

AN ACT TO AMEND THE DELAWARE CODE RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS.

This Act codifies the process for the acquisition and review of criminal history background information in a central location in order to ensure compliance with Federal law and regulations. Currently, each time the General Assembly has chosen to authorize or require a department, agency, board, etc. to conduct a criminal history background check for the purposes of licensing or employing an individual in Delaware, the resulting legislation usually copied language located elsewhere in the Delaware Code regarding the conduct of those checks. Upon a review of the existing sections that require such checks, the Federal Bureau of Investigation has determined that several of these sections are inconsistent with its regulations. Thus, any department, agency, board, etc. conducting a background check pursuant to those sections is doing so in violation of federal law. In centralizing the law governing the process for conducting background checks, this Act ensures first that the standards required by the FBI are met in no uncertain terms, and next that any future additions to the list of those required to conduct background checks need only include authorization to do so and a list of the specific crimes, or categories of crimes, that would disqualify an individual from employment or licensure.

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