HLS 19RS-204 ENGROSSED 2019 Regular Session HOUSE BILL NO. 99 BY REPRESENTATIVE FALCONER Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CRIMINAL/RECORDS: Provides relative to background checks for certain volunteers and employees working with children 1 AN ACT 2To amend and reenact R.S. 15:587.3, relative to criminal identification and information; to 3 provide relative to volunteers and employees in youth-serving organizations; to 4 provide relative to coaches of youth athletes; to require the release of investigative 5 records; to require fingerprinting and background checks; to provide relative to the 6 procedures and costs for criminal history records checks; to provide relative to 7 training programs; and to provide for related matters. 8Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 15:587.3 is hereby amended and reenacted to read as follows: 10 ยง587.3. Volunteers and employees in youth-serving organizations; other youth 11 coaches; criminal background information 12 A.(1) A religious, charitable, scientific, educational, athletic, or youth- 13 serving institution or organization may shall require any person, who applies to work 14 with children as a volunteer or as a paid employee, to do one or more of the 15 following: 16 (1)(a) Agree to the release of all investigative records to such religious, 17 charitable, scientific, educational, athletic, or youth-service institution or 18 organization for examination for the purpose of verifying the accuracy of criminal 19 violation information contained on an application to work for such institution or 20 organization. Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-204 ENGROSSED HB NO. 99 1 (2)(b) Supply fingerprint samples and submit to a criminal history records 2 check to be conducted by the Louisiana State Police. 3 (2) Any person who coaches youth athletes, not as part of a religious, 4 charitable, scientific, educational, athletic, or youth-serving institution or 5 organization for which Paragraph (1) of this Subsection would apply, shall do the 6 following: 7 (a) Agree to release all investigative records for examination for the purpose 8 of verifying the accuracy of criminal violation information. 9 (b) Supply fingerprint samples and submit to a criminal history records 10 check to be conducted by the Louisiana State Police. 11 (c) Make available criminal history record information. 12 (3)B. Attend In addition to the requirements in Subsection A, the person may 13 be required to attend a comprehensive youth protection training program which 14 includes adult training on recognition, disclosure, reporting, and prevention of abuse 15 and submit to character, employment, education, and reference checks. 16 B.C. Any person who is requested to comply with the requirements set forth 17 in Subsection A, and refuses to do so, shall be prohibited from working with children 18 as a volunteer or as a paid employee. 19 D. When a criminal history records check is requested pursuant to 20 Subsection A of this Section, the Louisiana Bureau of Criminal Identification and 21 Information shall provide the requestor with the state criminal history record 22 information of the individual subject to the inquiry. In addition, the bureau shall 23 forward the fingerprints to the Federal Bureau of Investigation for a national criminal 24 history records check and shall provide the requestor with the national criminal 25 history record information of the individual subject to the inquiry. 26 E. The costs of providing the information required under this Section shall 27 be charged by the bureau, as specified in R.S. 15:587(B), to the individual subject 28 to the inquiry for furnishing information contained in the bureau's criminal history Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-204 ENGROSSED HB NO. 99 1 and identification files, including any additional costs of providing the national 2 criminal history records check which pertain to the individual. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 99 Engrossed 2019 Regular Session Falconer Abstract: Requires certain volunteers and employees working with children to release investigative records for the purpose of verifying the accuracy of criminal violation information on a work application and to submit to a criminal background check. Present law provides that a religious, charitable, scientific, educational, athletic, or youth- serving institution or organization may require any person, who applies to work with children as a volunteer or as a paid employee, to do the following: (1)Agree to release all investigative records for the purpose of verifying the accuracy of criminal violation information. (2)Supply fingerprints and submit to a criminal history records check. (3)Attend a comprehensive youth protection training program. Proposed law requires the release of investigative records and the criminal history records check for any person who applies to work with children as a volunteer or paid employee. Proposed law further requires any person who coaches youth athletes, not as part of a religious, charitable, scientific, educational, athletic, or youth-serving institution, to do the following: (1)Agree to release all investigative records for the purpose of verifying the accuracy of criminal violation information. (2)Supply fingerprints and submit to a criminal history records check. (3)Make available criminal history record information. Proposed law provides that when a criminal history records check is requested, the La. Bureau of Criminal Identification and Information shall provide the requestor with the state criminal history record information of the individual subject to the inquiry. Proposed law further requires the bureau to forward the fingerprints to the FBI for a national criminal history records check and provide the requestor with the national criminal history record information of the individual subject to the inquiry. Proposed law requires the bureau to charge the individual subject to the background check for furnishing information contained in the criminal history and identification files, including any additional costs. (Amends R.S. 15:587.3) Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 19RS-204 ENGROSSED HB NO. 99 Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill: 1. Remove the requirement that a parent or legal guardian request the criminal history record information from the coach. Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.