Bill Text: VA HB1859 | 2023 | Regular Session | Prefiled
Bill Title: Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Serv.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-03-17 - Governor: Acts of Assembly Chapter text (CHAP0040) [HB1859 Detail]
Download: Virginia-2023-HB1859-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §52-46 of the Code of Virginia is amended and reenacted as follows:
§52-46. Virginia Rap Back Service; criminal history record monitoring; maintenance; dissemination; penalty.
A. The Department of State Police,
through the Virginia Rap Back Service, shall keep and maintain an Applicant Fingerprint
Database separate and apart from all other records maintained by the Department participate in the Federal Bureau of
Investigation's (FBI) Next Generation
Identification (NGI) Rap Back Service. The purpose of the database
Virginia Rap Back Service shall be to allow those agencies and governmental entities who that
require a fingerprint-based criminal
background check as a condition of (i) providing
care to (a) children, (b) the
disabled, or (c) the elderly or (ii) (a) licensure, (b) certification,
(c) employment, or (d) volunteer service to be
advised when an individual subject to such screening is arrested for, or
convicted of, a criminal offense which would
disqualify that individual from licensure, certification, employment or
volunteer service with that entity. The Department is
authorized to submit fingerprints and accompanying records to the Federal Bureau of Investigation
(FBI)
to be retained in and advised
through the FBI's Next Generation
Identification NGI
Rap Back service
Service when an enrolled
individual subject to a criminal background check
is arrested for, or convicted of, a criminal offense not
reported to the Department which would disqualify that individual from
licensure, certification, employment, or volunteer service with that entity. Fingerprints submitted to the FBI may
be used for future searches,
including latent searches.
B. As used in this section:
"Individual" means any person who has submitted to a fingerprint-based background check in order to (i) care for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) be licensed, (b) be certified, (c) be employed, or (d) perform volunteer service with a participating entity and who has been enrolled by that participating entity in the Virginia Rap Back Service.
"Participating entity" means an
agency or organization a governmental
entity that requires a
fingerprint fingerprint-based
background check as a condition of (i) caring
for (a) children, (b) the
disabled, or (c) the elderly or
(ii) (a) licensure, (b)
certification, (c)
employment, or (d)
volunteer service, and that
has elected to participate enroll individuals in the database
Virginia Rap Back Service.
"Individual"
means any person who has submitted fingerprints to a participating entity in
order to be licensed, certified, employed, or to perform volunteer service with
that entity.
C. The Department of State Police shall
notify ensure
that notification is made forthwith to
the participating entity that employs, certifies,
licenses, or accepts the volunteer services of enrolls an individual whose prints are maintained in the database upon
receipt of a in
the Virginia Rap Back Service when an FBI
Rap Back report that the
individual has been arrested for or convicted of an offense
that would disqualify that individual from licensure, certification, employment
or volunteer service with that entity is
received. The information contained in the notification
shall be used by the participating
entity for purposes of determining the eligibility of the continued service of
the individual and shall not be further disseminated.
D. Use of the information
contained in the database or received from the database submitted to the Virginia Rap Back Service
for purposes not authorized by this section is prohibited, and a willful
violation of this section with the intent to harass or intimidate another shall
be punished as a Class 1 misdemeanor.
E. No liability shall be imposed upon any law-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this section, but this provision shall not be construed to grant immunity for gross negligence or willful misconduct.
F. The Department of State Police shall promulgate regulations
governing the operation and maintenance of the
database Virginia Rap Back
Service and the expungement removal and
destruction of records on
persons individuals
who are deceased, or who
are no longer employed, licensed,
certified, or in volunteer service for the entity that submitted the
fingerprints individuals as
defined in this section.
G. The Department of State Police may charge an annual fee not to exceed $10 a reasonable fee per
individual entered into enrolled in the database
Virginia Rap Back Service. The fee shall be paid no later than July 15 of each year
by the any
participating entity or entities
submitting fingerprints to the database or by the entity or entities requesting
notification regarding an individual
enrolling an individual in the Virginia Rap Back
Service. An individual
whose licensure, certification, employment, or volunteer service who moves from one participating entity to another
need not be reprinted. When more than one participating entity licenses, certifies, employs, or accepts the
volunteer services of an
enrolls the same individual in
the database
Virginia Rap Back Service, both
participating entities shall be responsible for paying the
full cost for maintenance and notification. Any fees collected shall be
deposited in a special account to be used to offset the costs of enhancing and administering subscription fees, maintenance fees, and
enhancements related to the database Criminal and Rap Back
Information System.
H. The Department of State Police shall make the database
Virginia Rap Back Service available no later than January
July 1, 2005 2025, unless funds necessary
to develop and operate the database Virginia Rap Back Service
are unavailable.
I. No participating
entity authorized to submit fingerprints shall be considered negligent per se
in a civil action solely because the entity elected not to
submit enroll
an individual's fingerprints to individual in the database
Virginia Rap Back Service pursuant to this section.
