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SB67 • 2025

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BACKGROUND CHECK CENTER.

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Hoffner
Last action: 2026-05-14
Official status: Lieu/Substituted 12/18/25
Effective date: Not listed

Plain English Breakdown

The official source does not specify the exact date when this act will start.

Background Check Center Changes

This act changes how long a background check is valid for home-care workers in Delaware and requires that new criminal information be shared with their employers.

What This Bill Does

Makes the results of a background check done by a home-care agency through the Background Check Center (BCC) last up to three years from when someone gets fingerprinted.
Requires the Department to make rules about how often fingerprints need to be taken and how new criminal information is shared with employers.

Who It Names or Affects

Home-care agencies in Delaware
People who work or want to work as home-care workers

Terms To Know

Background Check Center (BCC): A place where criminal history reports are checked for people applying for certain jobs.
Rap Back System: A system that alerts employers when an employee gets a new criminal record.

Limits and Unknowns

The exact date this act will start is not given.
It does not say how the Department will make these rules or what they should include.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SA 1

1 • Hoffner

PWB 5/16/25

Plain English: This amendment removes a system called 'Rap Back' and changes how long criminal background checks are valid for employers.

Removes the definition of the 'Rap Back System'.
Changes the validity period of criminal history reports from 3 years to 1 year.

The amendment does not explain what happens after the one-year validity period ends for background checks.

Bill History

2026-05-14 Delaware General Assembly
SS 1 for SB 67 - Signed by Governor
2026-04-23 Delaware General Assembly
SS 1 for SB 67 - Passed By House. Votes: 35 YES 6 ABSENT
2026-03-18 Delaware General Assembly
SS 1 for SB 67 - Reported Out of Committee (Health & Human Development) in House with 1 Favorable, 13 On Its Merits
2026-03-05 Delaware General Assembly
SS 1 for SB 67 - Assigned to Health & Human Development Committee in House
2026-01-29 Delaware General Assembly
SS 1 for SB 67 - Passed By Senate. Votes: 21 YES
2025-12-18 Delaware General Assembly
Substituted in Senate by SS 1 for SB 67
2025-05-21 Delaware General Assembly
Reported Out of Committee (Health & Social Services) in Senate with 6 On Its Merits
2025-05-16 Delaware General Assembly
Amendment SA 1 to SB 67 - Introduced and Placed With Bill
2025-03-11 Delaware General Assembly
Introduced and Assigned to Health & Social Services Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BACKGROUND CHECK CENTER.
This Act codifies that a criminal history report obtained by a home-care agency through the BCC’s criminal screening process is valid for 3 years from the date of the applicant’s fingerprinting.
The Act further requires the Department to promulgate regulations that require the Rap Back System to notify current and future employers of any subsequent criminal history of the applicant.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Hoffner & Rep. K. Johnson

Sens. Huxtable, Pinkney, Wilson; Reps. Romer, Ross Levin, Snyder-Hall

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 67

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BACKGROUND CHECK CENTER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 1145, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1145. Criminal background checks.

(b)

Definitions

. –

( ) “Rap Back System” means as defined under § 8502 of Title 11.

(c) An employer may not employ an applicant for work in a private residence before obtaining a criminal history. Upon request, the criminal history must be provided to the person for whom the services are to be provided, or to the person’s authorized representative upon the applicant’s commencement of work.

An applicant’s criminal history report obtained through the BCC’s criminal history screening process is valid for any prospective employer for a period of 3 years from the date of the applicant’s last fingerprinting.

(n) The Department shall promulgate regulations regarding all of the following:

(1) The criteria it uses to determine unsuitability for employment.

(2) The policies and procedures for preparing the criminal history which govern the frequency of criminal record review and updating.

(3)

The frequency with which fingerprints must be obtained.

The use of the Rap Back System to require any subsequent criminal history of an employee is provided to current and future employers of the employee.

(4) The information that the Department provides in the criminal history about disqualifying and nondisqualifying criminal convictions.

(5) The methods for notifying applicants and employers of the results of the Department’s review, and for providing applicants with the criminal history.

(6) The administrative review process available to a person desiring to contest adverse information.

(7) Other provisions required to achieve the purpose of this section.

SYNOPSIS

This Act codifies that a criminal history report obtained by a home-care agency through the BCC’s criminal screening process is valid for 3 years from the date of the applicant’s fingerprinting.

The Act further requires the Department to promulgate regulations that require the Rap Back System to notify current and future employers of any subsequent criminal history of the applicant.

Author: Senator Hoffner