1. (a) The following persons or agencies shall be immune from civil or criminal liability in connection with the conducting of a criminal background investigation under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check under Title 19, Subtitle 18 of the Health-General Article:

   1. (1) An employer that in good faith relies on a criminal background investigation or criminal history records check to deny or terminate an individual's employment or participation in a facility;
   2. (2) A State or local agency that in good faith relies on a criminal background investigation or criminal history records check of an employer to grant, deny, suspend, or revoke licensure, registration, approval, or certification of a facility;
   3. (3) A local department of social services that in good faith relies on a criminal background investigation to make a decision concerning the placement of a child committed to it, including a decision to remove a child from a particular facility or home; and
   4. (4) A State or local agency that in good faith participates in the making of a criminal background investigation or criminal history records check of an employee or employer.
2. (b) The failure of an employer to require a criminal background investigation of an individual when not required under Title 5, Subtitle 5, Part VI of the Family Law Article or a criminal history records check when not required under Title 19, Subtitle 18 of the Health-General Article may not give rise to civil or criminal liability on the part of the employer for failure to conduct a criminal background investigation.

Added as Courts and Judicial Proceedings § 5-361 by Acts 1990, c. 546, § 3. Amended by Acts 1996, c. 572, § 1, eff. July 1, 1996. Renumbered as Courts and Judicial Proceedings § 5-619 by Acts 1997, c. 14, § 9, eff. April 8, 1997.