DOVER, Del. - Legislation moving through the Delaware General Assembly would require criminal background checks for many current and prospective members of the state's fire companies and emergency medical services.
First introduced in May, Senate Bill 325 would require state and federal criminal background checks for new applicants seeking to join fire or EMS organizations, as well as current members who interact with the public. Existing members would have up to 24 months after the bill becomes law to complete the background check process.
The measure would also expand the State Fire Prevention Commission's authority to review criminal history records and determine whether applicants or members are prohibited from serving based on certain criminal offenses. Those offenses originally included violent crimes, sex offenses, certain financial crimes, specified crimes against first responders and public officials, and drug-related offenses. Individuals required to register as sex offenders would also be prohibited from serving.
The bill would allow the commission to receive ongoing criminal history updates through Delaware's State Bureau of Identification and, when available, the FBI's Rap Back system. If a member becomes disqualified under the law, the commission would notify the appropriate fire or EMS organization.
The legislation also establishes a process allowing applicants or members to request a waiver in extraordinary circumstances. Under that process, the commission could allow an individual to serve if it determines the person's membership would not jeopardize public health or safety.
On June 18, Delaware Representative Cyndie Romer introduced House Amendment No. 1, making several changes to the proposal. Rather than automatically disqualifying anyone convicted of a felony, the amendment limits that provision to those convicted of a violent felony. The amendment also makes extraordinary-circumstances waivers confidential, requiring the Fire Prevention Commission to discuss them in executive session except when disclosure is required by law.
The amendment further exempts some members from mandatory background checks unless the commission determines one is necessary. Those exemptions include inactive lifetime and honorary members, along with associate members who do not handle organizational funds, participate in emergency response, or perform public safety-related duties.
If enacted, the amendment would delay the law's implementation for 180 days after it is signed, giving fire and EMS organizations additional time to prepare for the new requirements.
SB 325 was reported out of committee on June 23 and now awaits consideration from the full House of Representatives. It previously passed the Senate without Rep. Romer’s amendment on June 11.
