Amends TCA Title 49, Chapter 5.

Generally under present law, a person who is to have direct contact with school children or children in a child care program, or will be entering the grounds of a school or child care center when children are present, must undergo a criminal history records check. The person is prohibited from such contact or entering the ground, if that check indicates that the person has ever been convicted of any of the following offenses, or the same or similar offense in any jurisdiction, including convictions for the solicitation of, attempt to commit, conspiracy, or acting as an accessory to: (1) A sexual offense or a violent sexual offense; (2) Any offense under the present law provisions for offenses against the person; (3) Arson or aggravated arson; (4) Burglary, aggravated burglary, especially aggravated burglary; (5) Child abuse and child neglect or endangerment and aggravated child abuse and aggravated child neglect or endangerment; (6) The manufacture, delivery, sale, or possession with the intent to engage in any such activity, of a controlled substance; (7) Providing handguns to juveniles; or (8) Any other offense under the present law weapon offenses. This bill additionally prohibits persons from coming into direct contact with school children or with children in a child care program or entering the grounds of a school or child care center when children are present if the criminal history records check indicates that the employer or employee has been convicted of a criminal offense within the last 20 years, or was released from incarceration after conviction within the last 10 years, from the date on which the application is made. This bill clarifies that the present law provision discussed above applies regardless of the time since conviction. This bill also clarifies that the above offenses includes any weapons-related offense. ON APRIL 26, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1131, AS AMENDED. AMENDMENT #1 rewrites this bill to create an exception to present law whereby any person, corporation or other entity that enters into or renews a contract, or contracts with any person, corporation, or other entity that enters into or renews a contract, with a school, local board of education or child care program, or an employee of any such person, corporation, or other entity may come in direct contact with school children or with children in a child care program or enter the grounds of a school or child care center when children are present, notwithstanding a disqualifying conviction as described in (1)-(8) of the Bill Summary, only if the criminal history records check indicates that: (1) The person was convicted of a misdemeanor offense; (2) The misdemeanor conviction occurred more than 10 years preceding the date of application for employment; and (3) The misdemeanor offense for which the person was convicted did not involve a minor.