2017-03-20 Letter to Gilbert Keith Agaran re HB 1031 Relating to Criminal History Record Checks

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Gilbert Keith-Agaran March 20, 2017 Page 2 Section 6. Section 378-2.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: (d) Notwithstanding subsections (b) and (c), the requirement that inquiry into and consideration of a prospective employee's conviction record may take place only after the individual has received a conditional job offer, and the limitation to the most recent ten-year period, excluding the period of incarceration, shall not apply to employers who are expressly permitted to inquire into an individual's criminal history for employment purposes pursuant to any federal or state law other than subsection (a), including: (1) The State or any of its branches, political subdivisions, or agencies pursuant to sections 78-2.7 and 831-3.1; (2) The department of education pursuant to section 302A-601.5; (3) The department of health with respect to employees, providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services pursuant to section 321-171.5; (4) The judiciary pursuant to section 571-34; (5) The counties pursuant to section 846-2.7(b)(5), (33), (34), (35), (36), fand1(38),and (49); SECTION [6](7). Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Criminal history record checks may be conducted by: County of Hawaii is an Equal Opportunity Provider and Employer.