(See April 28 Posting)
A bill that would have enabled thousands of convicted criminals to tell state licensing boards and prospective employers that they have never been convicted of a crime was vetoed by the Rhode Island Governor. The legislature would need to hold a special session before January to address the veto and rescue the bill.
Effective July 1, 2008, the filing fees, search fees and copy fees will increase for Florida Circuit, County and Appellate Courts. The fee increase is part of Senate Bill 1790 which is awaiting the governor's signature.
In general, fees will raise approximately 15% for filing and 33% for record searches and copies. The fee for a copy will increase from $1.50 to $2.00. The fee for a name search at the county level courts will increase from $1.50 per year to $2.00 per year. The bill also increases fees for misdemeanors, felonies, and criminal traffic offenses. And there is a significant increase from $75 to $265 for "removal of tenant action."
According to a spokesperson at the Florida State Court Administration, the likelihood of the bill being signed by the governor is quite high. To view a copy of the bill, go to www.flsenate.gov/Welcome/ and type in 1790 under the Jump to Bill tab on the left.
The Colorado Governor signed HP10-1082 which makes two significant changes. Individuals can petition to seal the records of criminal charges dismissed as the result of a plea bargain in another case after waiting ten years (instead of the previous fifteen).
Also, individuals with convictions for petty offenses, misdemeanors, or class 5 or 6 felonies for drug possession charges can petition to seal the record of conviction after ten years following completion of sentence. This doesn’t apply to charges involving the sale, manufacture or dispensing of controlled drugs.
The new law is effective July 1, 2008. View Bill Folder
The Missouri House of Representatives overwhelming defeated the bill containing an increase to $7 for driver records. The Senate previously passed a different version of the bill. The Senate must approve the House bill or the two groups need to compromise by the end of legislation session.
A Rhode Island House committee has approved a bill to remove thousands of crimes from the public record. If approved, thousands of convicted criminals will be able to tell state licensing boards and prospective employers that they have never been convicted of a crime. The bill is heading to the full house for a vote. View bill folder. View Providence Journal newspaper article.
After 13 months of effort Pennsylvania finally reformed it's 50 year old Right-to-Know law (SB 1763). The previous law was widely considered one of the weakest in the nation. Per the Governor's Press Release --
Under the new law, written requests may be submitted in person, by mail, e-mail, fax or any other electronic means as provided by the agency.Response to requests shall be made within five business days, which is half the time that the current law allows.
An agency may respond to a request for information by notifying the person who is seeking the information that the document is available through publicly accessible electronic means. If the person who is seeking public records does not want to access the record electronically, he or she may submit a written request within 30 days of the agency's notification to have the record converted to paper.
View Bill Folder
Ohio House Bill 104 requires a criminal records check of an applicant for an initial license for a number of professions including accountants, contractors, and dental hygienists . . . but not state legislators. The bill passed committee and is going to the house but an amendment requiring checks on legislators was voted down. Apparently what's good for the public doesn't apply to Ohio lawmakers. View Bill Folder.
A California bill requiring 70,000 emergency medical technicians to undergo criminal background checks is heading to the Governor for approval. AB 941 will also create a statewide EMT registry. California is the only state that lacks statewide EMT licensure and mandatory background checks. View bill folder.
Missouri passed HB 790 which provides for statewide licensing for private investigators effective in August of this year. It establishes 3 licensing categories - agency, individual and trainer. Licensees are required to be 21, a US citizen, pass a background check and a written exam. The licenses will be issued for a two year time period. It contains a grandfather clause for licensing in the implementation period. For more information visit www.house.mo.gov/bills071/bills/hb780.htm
State Legislator Shirley Smith from Cleveland is sponsoring SB 197, “second chance bill”, that would allow individuals to shield criminal records if the person has not been arrested or convicted of an additional crime for 5 years . . . even if the individual was a previous repeat offender. However, first or second degree felons involved in murder, rape and higher level drug charges will not be allowed to shield their records.
Pre-employment screeners, background investigators and journalists would not have access to the shielded criminal records while police, public schools, healthcare agencies and some government agencies would.
