SF 2822

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to background checks; school employees; 
  1.3             specifying disqualifying crimes; amending Minnesota 
  1.4             Statutes 2002, section 123B.03, subdivisions 2, 3. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 123B.03, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [EFFECT OF DISQUALIFYING CRIME; CONDITIONAL 
  1.9   HIRING; DISCHARGE EMPLOYMENT OFFER.] (a) A school hiring 
  1.10  authority must not hire an individual if a background check 
  1.11  indicates that the individual was convicted of a disqualifying 
  1.12  offense as defined in subdivision 3. 
  1.13     (b) A school hiring authority may hire conditionally offer 
  1.14  employment to an individual pending completion of a background 
  1.15  check under subdivision 1 but shall notify the individual that: 
  1.16     (1) the individual's individual may not commence employment 
  1.17  may until the background check is complete; and 
  1.18     (2) the employment offer must be terminated based on the 
  1.19  result of withdrawn if the background check indicates that the 
  1.20  individual was convicted of a disqualifying offense as defined 
  1.21  in subdivision 3.  
  1.22     (c) A school hiring authority is not liable for failing to 
  1.23  hire or for terminating an individual's employment an individual 
  1.24  based on the result of a background check under this section. 
  1.25     Sec. 2.  Minnesota Statutes 2002, section 123B.03, 
  2.1   subdivision 3, is amended to read: 
  2.2      Subd. 3.  [DEFINITIONS.] For purposes of this section: 
  2.3      (a) "School" means a school as defined in section 120A.22, 
  2.4   subdivision 4, except a home-school, and includes a school 
  2.5   receiving tribal contract or grant school aid under section 
  2.6   124D.83; school, for the purposes of this section, also means a 
  2.7   service cooperative, a special education cooperative, or an 
  2.8   education district under Minnesota Statutes 1997 Supplement, 
  2.9   section 123.35, a charter school under section 124D.10, and a 
  2.10  joint powers district under section 471.59. 
  2.11     (b) "School hiring authority" means the school principal or 
  2.12  other person having general control and supervision of the 
  2.13  school. 
  2.14     (c) "Disqualifying offense" means: 
  2.15     (1) a violation of section 609.2664 (manslaughter of an 
  2.16  unborn child in the first degree); 609.2665 (manslaughter of an 
  2.17  unborn child in the second degree); 609.267 (assault of an 
  2.18  unborn child in the first degree); 609.2671 (assault of an 
  2.19  unborn child in the second degree); 609.268 (injury or death of 
  2.20  an unborn child in the commission of a crime); 609.2661 (murder 
  2.21  of an unborn child in the first degree); 609.2662 (murder of an 
  2.22  unborn child in the second degree); 609.2663 (murder of an 
  2.23  unborn child in the third degree); 609.352 (soliciting 
  2.24  children); 609.377 (malicious punishment of a child); 609.378 
  2.25  (child neglect or endangerment); 617.23 (indecent exposure); 
  2.26  617.246 (use of a minor in a sexual performance); 617.247 
  2.27  (possession of child pornography); or 617.291 to 617.297 
  2.28  (disseminating material harmful to minors); or 
  2.29     (2) an act committed against a minor victim that 
  2.30  constitutes a violation of section 609.185 (first degree 
  2.31  murder); 609.19 (second degree murder); 609.195 (third degree 
  2.32  murder); 609.20 (first degree manslaughter); 609.205 (second 
  2.33  degree manslaughter); 609.221 (first degree assault); 609.222 
  2.34  (second degree assault); 609.223 (third degree assault); 609.224 
  2.35  (fifth degree assault); 609.2242 (domestic assault); 609.228 
  2.36  (great bodily harm caused by distribution of drugs); 609.25 
  3.1   (kidnapping); 609.322 (soliciting, inducing prostitution); 
  3.2   609.324 (soliciting prostitution); 609.342 (first degree 
  3.3   criminal sexual conduct); 609.343 (second degree criminal sexual 
  3.4   conduct); 609.344 (third degree criminal sexual conduct); 
  3.5   609.345 (fourth degree criminal sexual conduct); 609.66, 
  3.6   subdivision 1e (drive-by shooting); or 609.855, subdivision 5 
  3.7   (public transit shooting).