HOUSE BILL 136

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

Debra M. Sariñana

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL RECORDS; PROVIDING AN EXCLUSION FOR SCHOOL DISTRICTS FROM THE CRIMINAL OFFENDER EMPLOYMENT ACT.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Offender Employment Act is enacted to read:

     "[NEW MATERIAL] NONAPPLICABILITY TO SCHOOL DISTRICTS.--

          A. The Criminal Offender Employment Act is not applicable to any school district that is reviewing whether an applicant for employment has ever been under investigation for, or has been found to have violated, any state or federal statute relating to child abuse or neglect, sexual misconduct

or any sexual offense, including those offenses prohibited in Chapter 30, Article 3, 3A, 4, 6, 6A, 9, 37, 37A or 52 NMSA

1978, unless the allegations were false or unsubstantiated; however, a school district in its discretion may choose to apply the provisions of the Criminal Offender Employment Act to employment decisions at the school district.

          B. For the purposes of this section, "school district" means an area of land established as a political subdivision of the state for the administration of public schools and segregated geographically for taxation and bonding purposes; "school district" includes a charter school."

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