HOUSE BILL NO. 4325
February 24, 2021, Introduced by Rep. Hall and
referred to the Committee on Families, Children, and Seniors.
A bill to amend 1981 PA 180, entitled
"Older Michiganians act,"
(MCL 400.581 to 400.594) by adding section 6l.
the people of the state of michigan enact:
Sec. 6l. (1) Beginning October 1, 2020, each
area agency on aging must conduct or cause to be conducted a criminal
background check that reveals information similar or substantially similar to
information found on an internet criminal history access tool (ICHAT) check and
a national and state sex offender registry check for each new employee,
employee, subcontractor, subcontractor employee, or volunteer who has in-person
client contact, in-home client contact, access to a client's personal property,
or access to confidential client information.
(2)
A criminal background check for a new hire or new volunteer must be completed
before the individual begins working directly with a client or has access to a
client's personal property or confidential client information.
(3)
Each area agency on aging must update criminal background checks for all
employees and volunteers every 3 years to identify a conviction in the event a
conviction occurs while an individual is employed or providing volunteer
service.
(4) An employee hired before or a volunteer who
started volunteering before October 1, 2020 must be screened within 90 days
after the effective date of the amendatory act that added this section, unless
the area agency on aging has conducted a criminal background check on the employee
or volunteer that meets the requirements of a criminal background check described
in this section on or after October 1, 2020. After that, a criminal
background check for each employee and volunteer must be completed no later
than 30 days after every third anniversary from the date of his or her last
background check.
(6)
Information obtained from a criminal background check shall only be used to
determine suitability for employment or volunteer opportunities. Each area
agency on aging is required to maintain a copy of the results of each criminal
background check for paid and volunteer staff in a confidential and controlled
access file. The information must not be used in violation of applicable
federal or state equal employment opportunity law or regulation.
(7)
An employee or volunteer must not be permitted to work directly with a client
or have access to a client's personal property or confidential client
information if 1 or more of the following apply:
(a)
The results of the criminal background check show that the individual has a
federal or state felony conviction related to 1 or more of the following
crimes:
(i) A crime against a vulnerable adult
as set forth in chapter XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m
to 750.145r.
(ii) A violent crime including, but not
limited to, murder, manslaughter, kidnapping, arson, assault, battery, or
domestic violence.
(iii) A financial crime including, but not
limited to, fraud, forgery, counterfeiting, embezzlement, or tax evasion.
(iv) A sex crime including, but not
limited to, rape, sexual abuse, criminal sexual conduct, or prostitution.
(v) Cruelty or torture.
(vi) Abuse or neglect.
(vii) Felony involving the use of a
firearm or dangerous weapon.
(b)
The results of the criminal background check show that the individual has a
federal or state felony conviction within the preceding 10 years from the date
of the criminal background check, including, but not limited to, 1 or more of
the following:
(i) A crime involving a state, federal,
or local government assistance program.
(ii) A theft crime including, but not
limited to, larceny, burglary, robbery, extortion, false pretenses, false
representation, or conversion.
(iii) A drug crime including, but not
limited to, possession, delivery, or manufacturing.
(c)
The results of the criminal background check show that the individual has a
federal or state misdemeanor conviction within the preceding 5 years from the
date of the criminal background check, including, but not limited to, 1 or more
of the following:
(i) A crime involving a state, federal,
or local government assistance program.
(ii) A crime against a vulnerable adult
as set forth in chapter XXA of the Michigan penal code, 1931 PA 328, MCL 750.145m
to 750.145r.
(iii) A financial crime including, but not
limited to, fraud, forgery, counterfeiting, embezzlement, or tax evasion.
(iv) A theft crime including, but not
limited to, larceny, burglary, robbery, extortion, false pretenses, false
representation, or conversion.
(v) A sex crime including, but not
limited to, rape, sexual abuse, criminal sexual conduct, or prostitution.
(vi) A drug crime including, but not
limited to, possession, delivery, or manufacturing.
(vii) Cruelty or torture.
(viii) Abuse or neglect.
(ix) Home invasion.
(x) Assault or battery.
(xi) A misdemeanor involving using a
firearm or dangerous weapon with intent to injure, using a firearm or dangerous
weapon that results in a personal injury, or using force or violence or the
threat of using force or violence.
(8)
For the purposes of the excluded offenses identified in subsection (7), an
individual is considered to have been convicted of a criminal offense if 1 of
the following occurs:
(a)
A judgment of conviction has been entered against the individual by a federal,
state, tribal, or local court regardless of whether there is an appeal pending.
(b)
There has been a finding of guilt against the individual by a federal, state,
tribal, or local court.
(c)
A plea of guilty or nolo contendere by the individual has been accepted by a
federal, state, tribal, or local court.
(9)
An arrest record alone does not disqualify an individual from employment with
or volunteering at an area agency on aging.
(10)
Each area agency on aging is required to maintain documentation of all criminal
background checks, including a list of all paid and volunteer staff that are
subject to this section, the date of the most recently completed criminal
background check, and the source of the criminal background check. An employee hired before October 1, 2020 is not exempt from
the requirements of this section.