05 LC 31
0857
House
Bill 50
By:
Representative Teilhet of the
40th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia
Annotated, relating to the Georgia Crime Information Center, so as to authorize
the exchange of national criminal history background checks on providers of care
to children, the elderly, and persons with disabilities, including, but not
limited to, volunteers with youth sports organizations and other youth
activities; to define terms; to provide for conformity with federal law; to
provide for rules and regulations; to provide for fees; to provide for related
matters; to provide for an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating
to the Georgia Crime Information Center, is amended by adding a new Code Section
35-3-35.1 to read as follows:
"35-3-35.1.
(a)
It is the purpose of this Code section to authorize and facilitate, but not
require, the exchange of national criminal history background checks with
authorized agencies on behalf of qualified entities as authorized under federal
law.
(b)
As used in this Code section, the term:
(1)
'Authorized agency' means any local government agency designated to report,
receive, or disseminate information under the NCPA and the VCA.
(2)
'Care' means the provision of care, treatment, education, training, instruction,
supervision, or recreation to children, the elderly, or individuals with
disabilities.
(3)
'FBI' means the Federal Bureau of Investigation.
(4)
'National criminal history background check' means a fingerprint based check of
state and national criminal history files based on submission of a set of
classifiable fingerprints and records fee.
(5)
'NCPA' means the 'National Child Protection Act of 1993' (Pub. L. 103-209), as
amended.
(6)
'ORI' means an originating agency identifier.
(7)
'Provider' means:
(A)
A person who:
(i)
Is employed by or volunteers with a qualified entity;
(ii)
Owns or operates a qualified entity; or
(iii)
Has or may have unsupervised access to a person to whom the qualified entity
provides care; and
(B)
A person who:
(i)
Seeks to be employed by or volunteer with a qualified entity;
(ii)
Seeks to own or operate a qualified entity; or
(iii)
Seeks to have or may have unsupervised access to a person to whom the qualified
entity provides care.
(8)
'Qualified entity' means a business or organization, whether public, private,
for profit, not for profit, or voluntary, that provides care or care placement
services, including a business or organization that licenses or certifies others
to provide care or care placement services.
(9)
'VCA' means the 'Volunteers for Children Act' (Pub. L. 105-251).
(c)
An authorized agency is responsible for the designation of qualified entities
within its local jurisdiction and for the submission of national criminal
history background checks as authorized under the NCPA and the VCA.
(d)
An authorized agency, other than a criminal justice agency as defined in Code
Section 35-3-30, must request an ORI from the FBI for the express purpose of
submitting national criminal history background checks under this Code section.
Requests shall be made in writing to the FBI through the center.
(e)
National criminal history background checks shall be submitted directly to the
center for a state records check; fingerprint cards shall then be forwarded to
the FBI for a national check. The responses from both the state and national
criminal history background checks shall be returned to the authorized
agency.
(f)
The authorized agency may provide directly to the qualified entity the state
criminal history record provided as part of the national criminal history
background check.
(g)
An authorized agency shall be responsible for review of the national criminal
history record provided as part of the national criminal history background
check to determine whether the provider has been convicted of or is under
indictment for a crime that bears upon the
provideŕs
fitness to have responsibility for the safety and well-being of children, the
elderly, or individuals with disabilities and to convey that determination to
the qualified entity.
(h)
The qualified entity must obtain the fingerprints of the provider, communicate
the fitness determination of the authorized agency to the provider, and notify
the provider of his or her right to challenge the accuracy and completeness of
any information contained in the national criminal history background
check.
(i)
Fees charged for a national criminal history background check shall be
determined based on reasonable costs as allowed under federal law.
(j)
The provisions of this Code section shall be supplementary to and not in place
of any other law of this state which authorizes or requires background
checks."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.