Amendment #397 to H4400

Access to Level 1 sex offender information for child care facilities

Representatives O'Connell of Taunton, Diehl of Whitman, DeCoste of Norwell and Lyons of Andover move to amend the bill by adding the following section:

“SECTION XX. Chapter 6 of the General Laws is hereby amended by inserting after section 178J the following section:-

Section 178J ½. Notwithstanding any general or special law to the contrary, a designated point of contact person from the department of early education and care, a public or private pre-kindergarten school or a child care program or provider licensed by said department may request sex offender registry information, including, but not limited to information pertaining to level 1 sex offenders, from the board or the local police department as follows:

(i) Any designated point of contact person making a written request to the board pursuant to this section shall receive at no cost from the board a report which indicates whether an individual identified by name, date of birth or sufficient personal identifying characteristics is a sex offender with an obligation to register pursuant to this chapter, the offenses for which the offender was convicted or adjudicated and the dates of such convictions or adjudications. Any records of inquiry shall be kept confidential, except that the records may be disseminated to assist or defend in a criminal prosecution.  All reports to point of contact persons making inquiries shall include a warning regarding the criminal penalties for use of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275. The board shall not release information identifying the victim by name, address or relation to the offender.

(ii) Any designated point of contact person making a request through the local police department pursuant to this section shall: (1) appear in person at such police station and present proper identification; and (2) complete and sign a record of inquiry designed by the board which shall include; (i) the name and address of the department, school, program or provider making such request, (ii) the name of the person that is the subject of the inquiry, or personal identifying information sufficient to allow the police to identify the subject of the inquiry and (iii) the reason for, and date and time of the inquiry.  If the search of the sex offender registry results in the identification of a sex offender required to register pursuant to this chapter, the police shall disseminate, to the point of contact person making the inquiry, the offenses for which the offender was convicted or adjudicated and the dates of such convictions or adjudications. The police shall not release information identifying the victim by name, address or the victim's relation to the offender.”

Additional co-sponsor(s) added to Amendment #397 to H4400

Access to Level 1 sex offender information for child care facilities