Requires volunteers, employees, and organizers of certain youth and sports organizations to receive criminal history record background checks.

S3016

SENATE, No. 3016

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator JOSEPH F. VITALE

District 19 (Middlesex)

Senator ANTHONY M. BUCCO

District 25 (Morris and Passaic)

Co-Sponsored by:

Senators Corrado, Beach and Henry

SYNOPSIS

���� Requires volunteers, employees, and organizers of
certain youth and sports organizations to receive criminal history record
background checks.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning background checks and amending
P.L.1999, c.432.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 1 of P.L.1999,
c.432 (C.15A:3A-1) is amended to read as follows:

���� 1.��� As used in this act:

���� �Criminal history record
background check� means a determination of whether a person has a criminal
record by cross-referencing that person's name and fingerprints with those on
file with the Federal Bureau of Investigation, Identification Division and the
State Bureau of Identification in the Division of State Police.

���� �Department� means the
Department of Law and Public Safety.

����
[
�Nonprofit youth
]

�Youth

serving organization� or �organization� means a
sports team, league,
athletic association, any person or organization that provides private athletic
lessons, or any other
corporation,
private or non-profit
association
or other organization
[
established
pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey
Statutes, or other law of this State, but
,
excluding
]

that provides
recreational, cultural, charitable, social or other activities or services for
persons under 18 years of age.

The term shall not include
public
and nonpublic schools
[
,
and

which
provides recreational, cultural, charitable, social or other activities or
services
]

for persons younger than
under
18 years of age
[
, and is
exempt from federal income taxes
]
.

(cf: P.L.1999, c.432, s.1)

���� 2.��� Section 2 of P.L.1999,
c.432 (C.15A:3A-2) is amended to read as follows:

���� 2.��� a. �
[
A nonprofit
youth serving organization may
]

A youth

serving organization shall
request, through the
department, that the State Bureau of Identification in the Division of State
Police conduct a criminal history record background check on each prospective
and current employee
[
or
]

�
,
volunteer,

or organizer
of
[
the
]

a youth
serving
organization.

���� b.��� For the purpose of
conducting the criminal history record background check, the division shall
examine its own files and arrange for a similar examination by federal
authorities.� The division shall inform the department whether the person's criminal
history record background check reveals a conviction of a disqualifying crime
or offense as specified in section 3 of this act.

���� c.���� The division shall
conduct a criminal history record background check only upon receipt of the
written consent to the check of the prospective or current employee
,
or
volunteer
, or organizer
.

���� d.��� The
[
organization
or the
]

prospective or current employee or volunteer
or organizer
shall bear the
costs associated with conducting criminal history background checks.�
Notwithstanding any law or regulation to the contrary, the department shall not
charge a fee for a criminal history record background check that exceeds the
actual cost of conducting that check, as determined by the Attorney General.�
The Attorney General shall annually certify to the State Treasurer the cost per
criminal history background check in the immediately preceding year.�

����
e.���� Each employee, volunteer,
or organizer of a youth serving organization shall have a criminal history
record background check conducted at least once a year.

����
f.���� An employee or
volunteer of a public or nonpublic school who has received a criminal history
record background check pursuant to section 1 of P.L.1986, c.116 (C.
18A:6-7.1), or its equivalent, which
shall include, but not be limited to, background checks utilized by national
and international athletic associations dedicated to youth sports

shall not be required to
obtain an additional background check during the same calendar year in which
the background check was required pursuant to this section.� The employee or
volunteer shall submit proof of completion of the criminal history record background
check to the youth serving organization.�

����
g.��� A youth serving organization that fails to
request a criminal history record background check shall be subject to a civil
penalty for each offense of up to $500 for a first offense, up to $750 for a
second offense, and up to $1,000 for a third or subsequent offense. The penalty
shall be collected in a civil action by a summary proceeding under the
"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et
seq.).� The Superior Court shall have jurisdiction of proceedings for the
enforcement of the penalty provided by this section.�

����
h.��� It shall be a crime of the fourth degree for
an
employee or volunteer to participate in a youth
serving organization
with
the knowledge that the
employee or volunteer is disqualified
based on that person�s criminal
history.�

����
i.���� It shall be a crime of the fourth degree
for� an organizer, coach, or any other person working in association with a
youth serving organization to disregard the results of a criminal history
background check or fail to obtain a criminal history background with knowledge
that an employee or volunteer of the organization is disqualified
from

participating in the
organization based on the criminal history of the employee or volunteer.

(cf: P.L.1999, c.432, s.2)

���� 3.��� Section 3 of P.L.1999,
c.432 (C.15A:3A-3) is amended to read as follows:

���� 3.���
[
Except as
provided in
]

In addition to the provisions of
P.L.2009, c.139 (C.2C:7-22 et al.), a
person
[
may
]

shall

be disqualified from serving as an employee
[
or
]

,
volunteer

, or organizer of
a
[
nonprofit
]
youth serving
organization if that person's criminal history record background check reveals
a record of conviction of any of the following crimes and offenses:

���� a.���� In New Jersey, any
crime or disorderly persons offense:

���� (1)�� involving danger to the
person, meaning those crimes and disorderly persons offenses set forth in
N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq.,
N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.;

���� (2)�� against the family,
children or incompetents, meaning those crimes and disorderly persons offenses
set forth in N.J.S.2C:24-1 et seq.;

���� (3)�� involving theft as set
forth in chapter 20 of Title 2C of the New Jersey Statutes;
or

���� (4)�� involving any controlled
dangerous substance or controlled substance analog as set forth in chapter 35
of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of
N.J.S.2C:35-10.

���� b.��� In any other state or
jurisdiction, conduct which, if committed in New Jersey, would constitute any
of the crimes or disorderly persons offenses described in subsection a. of this
section.

���� c.���� Nothing herein shall be
construed to authorize an excluded sex offender, as defined in section 1 of
P.L.2009, c.139 (C.2C:7-22), to serve as an employee or volunteer in a youth
serving organization or any other entity from which the excluded sex offender
is otherwise statutorily disqualified.�

(cf: P.L.2009, c.139, s.3)

���� 4.��� Section 4 of P.L.1999,
c.432 (C.15A:3A-4) is amended to read as follows:

���� 4.��� a.� Prospective or
current employees
[
and
]

,

volunteers
, and organizers
of
[
nonprofit
]
youth serving
organizations shall submit their name, address, fingerprints
,
and
written consent to the
�
organization
or the criminal history record background check to be performed.� The
organization shall supply this documentation to the Attorney General, who shall
coordinate the background check.

���� b.��� The Attorney General is
authorized to exchange fingerprint data with, and receive criminal history
record information for use by
[
nonprofit
]
youth serving
organizations from the Federal Bureau of Investigation, Identification Section
and the Division of State Police, Bureau of Identification and
[
such
]

any

other law enforcement agencies and jurisdictions as may be necessary for the
purposes of
[
this
act
]

P.L.1999,
c.432 (C.15A:3A-1 et seq.)
.�

���� c.���� The department shall
act as a clearinghouse for the collection and dissemination of information
obtained as a result of conducting criminal history record background checks
pursuant to this act.

(cf: P.L.1999, c.432, s.4)

���� 5.��� Section 5 of P.L.1999,
c.432 (C.15A:3A-5) is amended to read as follows:

���� 5.��� The Attorney General,
pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the
purposes of
[
this
act
]

P.L.1999,
c.432 (C.15A:3A-1 et seq.), including regulations
concerning access to and
dissemination of information obtained as a result of conducting a criminal
history record background check.

(cf: P.L.1999, c.432, s.5)

���� 6.��� This act shall take
effect on the first day of the second month next following the date of
enactment
.

STATEMENT

���� This bill expands the criminal
history record background check requirement for current or prospective
employees, volunteers, and organizers of youth serving organizations.� The bill
defines �youth serving organization� as a sports team, league, athletic
association, any person or organization that provides private athletic lessons,
or any other corporation, private or non-profit association or other
organization that provides recreational, cultural, charitable, social or other
activities or services for persons under 18 years of age.

���� Under current law, a nonprofit
youth serving organization may request, through the Department of Law and
Public Safety, that the State Bureau of Identification (SBI) in the Division of
State Police conduct a criminal history record background check on a prospective
or current employee or volunteer of an organization.�

���� This bill expands current law
to require these nonprofit youth serving organizations to conduct criminal
history record background checks and also require for-profit youth servicing
entities to conduct these checks. Under the bill, each employee, volunteer, or
organizer of a youth serving organization would be required to have a criminal
history record background check conducted at least once a year.� An employee or
volunteer of a public or nonpublic school who has received a criminal history
record background
or its
equivalent, including, but not limited to, background checks utilized by
national and international athletic associations dedicated to youth sports

would
not be required to
obtain an additional background check during the same calendar year that the
person is employed or volunteers with a youth serving organization.� However,
the employee or volunteer would be required to submit a copy of the criminal
history record background check to the youth serving organization.�

���� The bill also establishes civil penalties for youth
serving organizations that fail to request a criminal history background
check.� Under the bill, a youth serving organization that fails to request a
criminal history record background check would be subject to a civil penalty
for each offense of up to $500 for a first offense, up to $750 for a second
offense, and up to $1,000 for a third or subsequent offense.�

���� Under the bill, an
employee or
volunteer
who participates
in youth serving organization with the knowledge that the
employee
or volunteer is disqualified from
based on criminal history would be guilty of a fourth degree crime.��
In addition, it would be a crime of the fourth degree for an organizer, coach,
or any other person working in association with a youth serving organization to
disregard results of a criminal history background check or fail to obtain a
criminal history background check knowing that an employee or volunteer of the
organization is disqualified
from
participating in the organization.� A
crime of the fourth degree is punishable by
a term of imprisonment for not more than
18 months, a fine of up to $10,000, or both.