SENATE DOCKET, NO. 2031        FILED ON: 1/16/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1723

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to dissemination of criminal offender record information to providers of in-home cleaning services..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Chapter 6 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 172I the following section:

Section 172J  Dissemination of criminal offender record information to providers of in-home cleaning services

For the purposes of this section the following term shall have the following meaning: “provider of in-home cleaning services” any individual, corporation, limited liability company, organization or association contracting to provide cleaning services in private residences.

Notwithstanding any provision of section 172, criminal offender information shall be available to any provider of in-home cleaning services, for the purpose of obtaining criminal offender record information on an applicant under final consideration for, or an individual currently employed in, a position that involves the provision of in-home cleaning services.  Any such provider of in-home cleaning services shall obtain conviction and arrest data from the criminal history systems board on an applicant under final consideration for a position that involves the provision in-home cleaning services.  Any provider of in-home cleaning services which obtain information under this section shall prohibit the dissemination of such information for any purpose.

A provider of in-home cleaning services may employ an individual for a position that involves the provision of in-home cleaning services on a conditional basis prior to receiving the results of such individual’s criminal offender record check from the criminal history systems board.  No provider of in-home cleaning services shall be liable for civil damages to any individual so conditionally employed and subsequently discharged by reason of information received as a result of a criminal offender record information check completed pursuant to this section.