Vote Tracker

Background Check Bills Waiting in Committee

We have two bills dealing with requiring background checks for employees of child-serving entities, like schools and daycare, and for those in the health and social services fields, and one bill dealing with the affect of a prior criminal conviction on obtaining a real estate license in Delaware.

First, House Bill 206 requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18.

The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry.

House Bill 206 SponsorsYes VotesNo Votes
K.Williams, Cooke, K.Johnson, Mitchell, Briggs King
Poore, Mantzavinos, Sokola, Wilson
Current Status: House Health & Human Development

Second, House Bill 204 provides a means by which private schools and youth camps operated by private schools can obtain criminal background checks for potential employees and volunteers under the auspices of the Adam Walsh Child Protection and Safety Act of 2006 and authorizes the SBI and DELJIS to provide Delaware criminal history information subsequent to the original background check without the requirement of a new criminal background check.

This bill also clarifies that the Department of Education is a child serving entity and its employees are obligated to undergo background checks.

It also authorizes the Superintendent of State Police to promulgate regulations that would permit, in limited circumstances, re-use of a criminal background check.

House Bill 204 SponsorsYes VotesNo Votes
K.Williams, Baumbach, Dorsey Walker, Briggs King, Yearick
Poore, Gay, Mantzavinos, Sokola, Walsh, Pettyjohn
Current Status: House Education

Third, Senate Bill 180 is interest because of who sponsors it. Senator Darius Brown, fresh off an acquittal from his assault trial (though he introduced this bill when he was still under criminal indictment), is sponsoring this bill that would revise the circumstances under which an applicant can be denied a license by the Real Estate Commission because of a criminal conviction. While Brown is an abusive person who has been indicted and taken to trial for such alleged behavior, I suppose we shouldn’t punish the bill for who sponsors it.

This bill would be similar to other recent bills that have made changes to professional license requirements with respect to prior criminal convictions. First, the bill defines when a crime is substantially related to the professions regulated by the Real Estate Commission.

Second, it reduces the time since conviction to be eligible for a waiver of a felony conviction for a crime against a person from 5 years to 3 years. Third, it reduces the time since conviction to be eligible for a waiver of all other felony conviction for a crime from 5 years to 2 years. Finally, it clarifies what is meant by being on parole.

Senate Bill 180 SponsorsYes VotesNo Votes
Current Status: Senate Legislative Oversight & Sunset Committee

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