A bill to amend the Protect Act to clarify certain volunteer liability.

Bill: 108-s-1280
Sponsor: Sen. Hatch, Orrin G. [R-UT]
Introduced: 2003-06-18 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Child safety
Child sexual abuse
Civil actions and liability
Criminal justice information
Damages
Employee selection
Ex-offenders
Families
Fingerprints
Government Operations and Politics
Identification of criminals
Labor and Employment
Law
Liability (Law)
Missing children
Personnel records
Social Welfare
Volunteer workers

Summary:
action_date: 2003-06-18
text: 
Amends the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act) to provide that the National Center for Missing and Exploited Children, including any of its officers, employees, or agents, shall not be liable for damages in any civil action arising out of any action or communication by the Center, its officers, employees, or agents under a pilot program and feasibility study for volunteer groups to obtain national and State criminal historybackground checks through a ten fingerprint check to be conducted utilizing State criminal records and the Federal Bureau of Investigation's Integrated Automated Fingerprint Identification system.
 
Makes this Act inapplicable to any action in which the plaintiff proves that the Center, or its officers, employees, or agents, acted with actual malice, or provided information or took action for a purpose unrelated to an activity mandated by Federal law.

action_date: 2003-07-10
text: 
Amends the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act) to limit the liability of the National Center for Missing and Exploited Children (or a director, officer, employee, or agent) for volunteers in connection with a pilot program for volunteer groups to obtain national and State criminal history background checks through a 10-fingerprint check to be conducted utilizing State criminal records and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation. Provides that the Center, in reliance upon stated fitness criteria and except upon proof of actual malice or intentional misconduct, shall not be liable in any civil action for damages: (1) arising from any act or communication by the Center that results in or contributes to a decision that an individual is unfit to serve as a volunteer for any volunteer organization; (2) alleging harm arising from a decision based on the information in an individual's criminal history record that an individual is fit to serve as a volunteer for any volunteer organization unless the Center is furnished with an individual's criminal history records which they know to be inaccurate or incomplete, or which they know reflect a lesser crime than that for which the individual was arrested; and (3) alleging harm arising from a decision that, based on the absence of criminal history information, an individual is fit to serve as a volunteer for any volunteer organization unless the Center knows that criminal history records exist and have not been furnished as required by the Act.
 


action_date: 2003-07-14
text: 

(This measure has not been amended since it was reported to the Senate on July 10, 2003. The summary of that version is repeated here.)

 
Amends the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act) to limit the liability of the National Center for Missing and Exploited Children (or a director, officer, employee, or agent) for volunteers in connection with a pilot program for volunteer groups to obtain national and State criminal history background checks through a 10-fingerprint check to be conducted utilizing State criminal records and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation. Provides that the Center, in reliance upon stated fitness criteria and except upon proof of actual malice or intentional misconduct, shall not be liable in any civil action for damages: (1) arising from any act or communication by the Center that results in or contributes to a decision that an individual is unfit to serve as a volunteer for any volunteer organization; (2) alleging harm arising from a decision based on the information in an individual's criminal history record that an individual is fit to serve as a volunteer for any volunteer organization unless the Center is furnished with an individual's criminal history records which they know to be inaccurate or incomplete, or which they know reflect a lesser crime than that for which the individual was arrested; and (3) alleging harm arising from a decision that, based on the absence of criminal history information, an individual is fit to serve as a volunteer for any volunteer organization unless the Center knows that criminal history records exist and have not been furnished as required by the Act. 

action_date: 2003-07-21
text: 

(This measure has not been amended since it was reported by the Senate on July 10, 2003. The summary of that version is repeated here.)

 
Amends the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act) to limit the liability of the National Center for Missing and Exploited Children (or a director, officer, employee, or agent) for volunteers in connection with a pilot program for volunteer groups to obtain national and State criminal history background checks through a 10-fingerprint check to be conducted utilizing State criminal records and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation. Provides that the Center, in reliance upon stated fitness criteria and except upon proof of actual malice or intentional misconduct, shall not be liable in any civil action for damages: (1) arising from any act or communication by the Center that results in or contributes to a decision that an individual is unfit to serve as a volunteer for any volunteer organization; (2) alleging harm arising from a decision based on the information in an individual's criminal history record that an individual is fit to serve as a volunteer for any volunteer organization unless the Center is furnished with an individual's criminal history records which they know to be inaccurate or incomplete, or which they know reflect a lesser crime than that for which the individual was arrested; and (3) alleging harm arising from a decision that, based on the absence of criminal history information, an individual is fit to serve as a volunteer for any volunteer organization unless the Center knows that criminal history records exist and have not been furnished as required by the Act. 

action_date: 2003-08-01
text: 

(This measure has not been amended since it was reported to the Senate on July 10, 2003. The summary of that version is repeated here.)

 
Amends the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act) to limit the liability of the National Center for Missing and Exploited Children (or a director, officer, employee, or agent) for volunteers in connection with a pilot program for volunteer groups to obtain national and State criminal history background checks through a 10-fingerprint check to be conducted utilizing State criminal records and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation. Provides that the Center, in reliance upon stated fitness criteria and except upon proof of actual malice or intentional misconduct, shall not be liable in any civil action for damages: (1) arising from any act or communication by the Center that results in or contributes to a decision that an individual is unfit to serve as a volunteer for any volunteer organization; (2) alleging harm arising from a decision based on the information in an individual's criminal history record that an individual is fit to serve as a volunteer for any volunteer organization unless the Center is furnished with an individual's criminal history records which they know to be inaccurate or incomplete, or which they know reflect a lesser crime than that for which the individual was arrested; and (3) alleging harm arising from a decision that, based on the absence of criminal history information, an individual is fit to serve as a volunteer for any volunteer organization unless the Center knows that criminal history records exist and have not been furnished as required by the Act. 


Legislative actions:
action_date: 2003-08-01
text: Became Public Law No: 108-68.
action_date: 2003-08-01
text: Became Public Law No: 108-68.
action_date: 2003-08-01
text: Signed by President.
action_date: 2003-08-01
text: Signed by President.
action_date: 2003-07-23
text: Presented to President.
action_date: 2003-07-23
text: Presented to President.
action_date: 2003-07-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-07-21
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7177)
action_date: 2003-07-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7177)
action_date: 2003-07-21
text: DEBATE - The House proceeded with forty minutes of debate on S. 1280.
action_date: 2003-07-21
text: Considered under suspension of the rules. (consideration: CR H7177-7178)
action_date: 2003-07-21
text: Mr. Sensenbrenner moved to suspend the rules and pass the bill.
action_date: 2003-07-18
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2003-07-15
text: Referred to the House Committee on the Judiciary.
action_date: 2003-07-15
text: Received in the House.
action_date: 2003-07-15
text: Message on Senate action sent to the House.
action_date: 2003-07-14
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S9355; text as passed Senate: CR S9355; text of measure as reported in Senate: CR S9355)
action_date: 2003-07-14
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S9355; text as passed Senate: CR S9355; text of measure as reported in Senate: CR S9355)
action_date: 2003-07-10
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 194.
action_date: 2003-07-10
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment. Without written report.
action_date: 2003-07-10
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment. Without written report.
action_date: 2003-07-10
text: Committee on the Judiciary. Ordered to be reported with an amendment favorably.
action_date: 2003-06-18
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2003-06-18
text: Introduced in Senate

Enacted as: number: 108-68