Provides with respect to criminal background checks for persons seeking employment (EG INCREASE SD EX See Note)
Impact
The enactment of HB 392 is anticipated to significantly tighten the employment screening process in Louisiana. With the inclusion of fingerprinting and national checks, employers would have greater access to applicants’ criminal histories, which could influence hiring decisions, particularly in sensitive roles involving children. The bill may help prevent individuals with serious criminal backgrounds from gaining employment in positions where they could pose a risk to minors. Furthermore, it sets specific criteria for what constitutes qualifying offenses that could exclude an individual from employment, thereby establishing a clearer standard for background checks across the state.
Summary
House Bill 392, introduced by Representative Hazel, focuses on the regulations surrounding criminal background checks for individuals seeking employment, especially in positions involving access to children. The bill amends existing laws to permit employers to obtain conviction records from the Louisiana Bureau of Criminal Identification and Information, provided that applicants consent to such checks. Additionally, it mandates that applicants be fingerprinted and that those fingerprints be forwarded to the Federal Bureau of Investigation for a comprehensive national criminal history check. This legislative move aims to enhance child protection measures within employment contexts.
Sentiment
Overall, the sentiment surrounding HB 392 appears to be supportive among legislators and child advocacy groups, who view the bill as a proactive measure to safeguard children and ensure that employment screening processes are more robust and effective. Legislative discussions have indicated a collective desire to enhance protections for vulnerable populations, particularly in environments where children will be present. However, there may also be underlying concerns regarding privacy and the potential for discrimination against applicants with historic convictions who could be impacted by the stringent background checks mandated by this legislation.
Contention
One area of contention regarding HB 392 is the balance between necessary screening for child protection and the rights of individuals with past convictions seeking employment. While proponents of the bill argue that it is essential for protecting children, critics may express concerns about the fairness of preventing these individuals from securing jobs, potentially impacting their reintegration into society. Moreover, some may question the efficacy of criminal background checks and argue whether they truly reduce risks associated with hiring individuals for sensitive positions.
Provides for criminal background checks relative to early learning centers, school employees, registered family child care providers and in-home providers (EN INCREASE SG EX See Note)
Provides relative to criminal background checks for owners, employees, volunteers, and inspectors of early learning centers (EN INCREASE FF EX See Note)
Provides for authorized agents for purposes of criminal history checks on nonlicensed persons and licensed ambulance personnel. (8/1/13) (EN SEE FISC NOTE SD RV See Note)