HF 1048

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for a 15-year 
  1.3             limit to the mandatory dismissal of certain private 
  1.4             detective or protective agent employees after 
  1.5             background checks are completed; amending Minnesota 
  1.6             Statutes 1996, section 326.336, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 326.336, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [BACKGROUND CHECK.] A license holder may 
  1.11  employ, in connection with the business of private detective or 
  1.12  protective agent, as many unlicensed persons as may be 
  1.13  necessary; provided that every license holder is at all times 
  1.14  accountable for the good conduct of every person employed.  When 
  1.15  a license holder hires a person to perform services as a private 
  1.16  detective or protective agent, the employer shall submit to the 
  1.17  bureau of criminal apprehension a full set of fingerprints of 
  1.18  each employee and the written consent of the employee to enable 
  1.19  the bureau to determine whether that person has a criminal 
  1.20  record.  The employee is a conditional employee until the 
  1.21  employer receives a report from the bureau that, based on a 
  1.22  check of the criminal records maintained by the bureau, the 
  1.23  prospective employee has not been convicted in Minnesota of a 
  1.24  felony or any offense listed in section 326.3381, subdivision 3, 
  1.25  other than a misdemeanor or gross misdemeanor assault, or that, 
  1.26  if convicted, more than 15 years have elapsed since the date of 
  2.1   discharge of the sentence.  During the period of conditional 
  2.2   employment, the person may not serve as a private detective or 
  2.3   protective agent, but may be trained by the employer.  The 
  2.4   bureau shall immediately request the Federal Bureau of 
  2.5   Investigation to conduct a check of each conditional employee's 
  2.6   criminal record, and the bureau of criminal apprehension shall 
  2.7   immediately forward the results to the employer when they are 
  2.8   received.  If the bureau report or Federal Bureau of 
  2.9   Investigation report indicates that the employee was convicted 
  2.10  of a disqualifying offense and no more than 15 years have 
  2.11  elapsed since the date of discharge of the sentence, the 
  2.12  employer shall immediately dismiss the employee. 
  2.13     Sec. 2.  [EFFECTIVE DATE.] 
  2.14     Section 1 is effective August 1, 1997.