Fire service applicants and public-facing members undergo criminal checks

Applicants and some current members must complete state and federal criminal history checks. Applicants and current members who interact with the public are covered. Inactive members have no voting or committee role, financial duties, day-to-day role, or public safety duties involving the public. Associate members without specified financial, emergency response, or public safety duties, and inactive lifetime or honorary members, are exempt unless the Commission decides a check is needed. A person serving as a member when the law was enacted must complete the checks within 24 months after enactment. The law takes effect 180 days after enactment.

The law bars some people from serving and permits a waiver in extraordinary circumstances for certain other offenses. These rules apply to applicants and members serving with covered fire, ambulance, and other listed emergency service organizations. The bars include violent felonies, certain offenses against people performing specified public safety or care duties, and offenses that require sex offender registration. Other listed convictions generally require denial or removal, unless at least five years have passed since conviction or release from custody, whichever is later. A waiver requires clear and convincing evidence that service will not jeopardize public health or safety; the organization must agree to take part and appear before the Commission. For offenses with a waiting period, at least five years must pass after conviction or release from custody, whichever is later.

The Commission reviews criminal history and notifies the organization when an applicant or member is barred from serving. This applies to applicants and members covered by the chapter's criminal history rules. The Commission may tell the organization only that the person is barred; it may not share details of the criminal record with the organization. The Commission must notify the person and relevant organization immediately after determining that a criminal history record bars the person from serving.