Bill Text: VA HB920 | 2016 | Regular Session | Chaptered
Bill Title: Barrier crimes; conviction or finding not guilty by reason of insanity.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-03-29 - Governor: Acts of Assembly Chapter text (CHAP0580) [HB920 Detail]
Download: Virginia-2016-HB920-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §§37.2-408.1, 63.2-1719, and 63.2-1726 of the Code of Virginia are amended and reenacted as follows: §37.2-408.1. Background check required; children's residential facilities. A. Notwithstanding the provisions of §37.2-416, as a condition of employment, volunteering or providing services on a regular basis, every children's residential facility that is regulated or operated by the Department shall require any person who (i) accepts a position of employment at such a facility who was not employed by that facility prior to July 1, 2008, (ii) volunteers for such a facility on a regular basis and will be alone with a juvenile in the performance of his duties who was not a volunteer at such facility prior to July 1, 2008, or (iii) provides contractual services directly to a juvenile for such facility on a regular basis and will be alone with a juvenile in the performance of his duties who did not provide such services prior to July 1, 2008, to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the person's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the person. The children's residential facility shall inform the person that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the person's eligibility to have responsibility for the safety and well-being of children. The person shall provide the children's residential facility with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense within or outside the Commonwealth. The results of the criminal history background check must be received prior to permitting a person to work with children. The Central Criminal Records Exchange, upon receipt of a
person's record or notification that no record exists, shall forward it to the
state agency that operates or regulates the children's residential facility
with which the person is affiliated. The state agency shall, upon receipt of a
person's record lacking disposition data, conduct research in whatever state
and local recordkeeping systems are available in order to obtain complete data.
The state agency shall report to the children's facility whether the person is
eligible to have responsibility for the safety and well-being of children.
Except as otherwise provided in subsection B, no children's residential
facility regulated or operated by the Department shall hire for compensated
employment or allow to volunteer or provide contractual services persons who
have been (a) convicted of or are the subject of pending charges for the
following crimes: a felony violation of a protective order as set out in §
16.1-253.2; murder or manslaughter as set out in Article 1 (§18.2-30 et seq.)
of Chapter 4 of Title 18.2; malicious wounding by mob as set out in §18.2-41;
abduction as set out in subsection A or B of §18.2-47; abduction for immoral
purposes as set out in §18.2-48; assault and bodily woundings as set out in
Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2; robbery as set out in
§18.2-58; carjacking as set out in §18.2-58.1; extortion by threat as set out
in §18.2-59; threat as set out in §18.2-60; any felony stalking violation as
set out in §18.2-60.3; a felony violation of a protective order as set out in
§18.2-60.4; sexual assault as set out in Article 7 (§18.2-61 et seq.) of
Chapter 4 of Title 18.2; arson as set out in Article 1 (§18.2-77 et seq.) of
Chapter 5 of Title 18.2; burglary as set out in Article 2 (§18.2-89 et seq.)
of Chapter 5 of Title 18.2; any felony violation relating to distribution of
drugs as set out in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2;
drive-by shooting as set out in §18.2-286.1; use of a machine gun in a crime
of violence as set out in §18.2-289; aggressive use of a machine gun as set
out in §18.2-290; use of a sawed-off shotgun in a crime of violence as set out
in subsection A of §18.2-300; pandering as set out in §18.2-355; crimes
against nature involving children as set out §18.2-361; taking indecent
liberties with children as set out in §18.2-370 or 18.2-370.1; abuse or
neglect of children as set out in §18.2-371.1, including failure to secure
medical attention for an injured child as set out in §18.2-314; obscenity
offenses as set out in §18.2-374.1; possession of child pornography as set out
in §18.2-374.1:1; electronic facilitation of pornography as set out in §
18.2-374.3; incest as set out in §18.2-366; abuse or neglect of incapacitated
adults as set out in §18.2-369; employing or permitting a minor to assist in
an act constituting an offense under Article 5 (§18.2-372 et seq.) of Chapter
8 of Title 18.2, as set out in §18.2-379; delivery of drugs to prisoners as
set out in §18.2-474.1; escape from jail as set out in §18.2-477; felonies by
prisoners as set out in §53.1-203; or an equivalent offense in another state; B. Notwithstanding the provisions of subsection A, a children's residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have been convicted of not more than one misdemeanor offense under §18.2-57 or 18.2-57.2, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services. If the person is denied employment, or the opportunity to volunteer or provide services, at a children's residential facility because of information appearing on his criminal history record, and the person disputes the information upon which the denial was based, upon written request of the person the state agency shall furnish the person the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. If the person has been permitted to assume duties that do not involve contact with children pending receipt of the report, the children's residential facility is not precluded from suspending the person from his position pending a final determination of the person's eligibility to have responsibility for the safety and well-being of children. The information provided to the children's residential facility shall not be disseminated except as provided in this section. C. Those persons listed in clauses (i), (ii), and (iii) of subsection A also shall authorize the children's residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him. The person shall provide the children's residential facility with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. The children's residential facility shall receive the results of the central registry search prior to permitting a person to work alone with children. Children's residential facilities regulated or operated by the Department shall not hire for compensated employment, or allow to volunteer or provide contractual services, persons who have a founded case of child abuse or neglect. D. The cost of obtaining the criminal history record and the central registry information shall be borne by the person unless the children's residential facility, at its option, decides to pay the cost. §63.2-1719. Definitions. As used in this subtitle: "Barrier crime" means a conviction of a felony violation of a protective order as set out in §16.1-253.2, murder or manslaughter as set out in Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2, malicious wounding by mob as set out in §18.2-41, abduction as set out in subsection A or B of §18.2-47, abduction for immoral purposes as set out in §18.2-48, assaults and bodily woundings as set out in Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2, robbery as set out in §18.2-58, carjacking as set out in §18.2-58.1, extortion by threat as set out in §18.2-59, threats of death or bodily injury as set out in §18.2-60, felony stalking as set out in §18.2-60.3, a felony violation of a protective order as set out in § 18.2-60.4, sexual assault as set out in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, arson as set out in Article 1 (§18.2-77 et seq.) of Chapter 5 of Title 18.2, drive by shooting as set out in §18.2-286.1, use of a machine gun in a crime of violence as set out in §18.2-289, aggressive use of a machine gun as set out in §18.2-290, use of a sawed-off shotgun in a crime of violence as set out in subsection A of §18.2-300, pandering as set out in § 18.2-355, crimes against nature involving children as set out in §18.2-361, incest as set out in §18.2-366, taking indecent liberties with children as set out in §18.2-370 or 18.2-370.1, abuse and neglect of children as set out in § 18.2-371.1, failure to secure medical attention for an injured child as set out in §18.2-314, obscenity offenses as set out in §18.2-374.1, possession of child pornography as set out in §18.2-374.1:1, electronic facilitation of pornography as set out in §18.2-374.3, abuse and neglect of incapacitated adults as set out in §18.2-369, employing or permitting a minor to assist in an act constituting an offense under Article 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2 as set out in §18.2-379, delivery of drugs to prisoners as set out in §18.2-474.1, escape from jail as set out in §18.2-477, felonies by prisoners as set out in §53.1-203, or an equivalent offense in another state. In the case of child welfare agencies and foster and adoptive homes approved by child-placing agencies, "barrier crime" shall also include convictions of burglary as set out in Article 2 (§18.2-89 et seq.) of Chapter 5 of Title 18.2 and any felony violation relating to possession or distribution of drugs as set out in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, or an equivalent offense in another state. "Offense" means a barrier crime and, in the case of
child welfare agencies and foster and adoptive homes approved by child-placing
agencies, (i) a conviction of any offense set forth in §9.1-902 or a
finding that a person is not guilty by reason of insanity in accordance with
Chapter 11.1 (§19.2-182.2 et seq.) of Title 19.2 of an offense set forth in §
9.1-902 that results in the person's requirement to register with the Sex
Offender and Crimes Against Minors Registry pursuant to §9.1-901, or any
similar registry in any other state; (ii) a conviction of any other felony
not included in the definition of barrier crime or described in clause (i)
unless five years have elapsed since conviction; and §63.2-1726. Background check required; children's residential facilities. A. As a condition of employment, volunteering, or providing services on a regular basis, every children's residential facility that is regulated or operated by the Departments of Social Services, Education, Military Affairs, or Behavioral Health and Developmental Services shall require any individual who (i) accepts a position of employment at such a facility who was not employed by that facility prior to July 1, 2007, (ii) volunteers for such a facility on a regular basis and will be alone with a juvenile in the performance of his duties who was not a volunteer at such facility prior to July 1, 2007, or (iii) provides contractual services directly to a juvenile for such facility on a regular basis and will be alone with a juvenile in the performance of his duties who did not provide such services prior to July 1, 2007, to submit to fingerprinting and to provide personal descriptive information, to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. The children's residential facility shall inform the applicant that he is entitled to obtain a copy of any background check report and to challenge the accuracy and completeness of any such report and obtain a prompt resolution before a final determination is made of the applicant's eligibility to have responsibility for the safety and well-being of children. The applicant shall provide the children's residential facility with a written statement or affirmation disclosing whether he has ever been convicted of or is the subject of pending charges for any offense within or outside the Commonwealth. The results of the criminal history background check must be received prior to permitting an applicant to work with children. The Central Criminal Records Exchange, upon receipt of an
individual's record or notification that no record exists, shall forward it to
the state agency which operates or regulates the children's residential
facility with which the applicant is affiliated. The state agency shall, upon
receipt of an applicant's record lacking disposition data, conduct research in
whatever state and local recordkeeping systems are available in order to obtain
complete data. The state agency shall report to the children's facility whether
the applicant is eligible to have responsibility for the safety and well-being
of children. Except as otherwise provided in subsection B, no children's
residential facility regulated or operated by the Departments of Education,
Behavioral Health and Developmental Services, Military Affairs, or Social
Services shall hire for compensated employment or allow to volunteer or provide
contractual services persons who have been (a) convicted of or are the subject
of pending charges for the following crimes: a felony violation of a protective
order as set out in §16.1-253.2; murder or manslaughter as set out in Article
1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2; malicious wounding by mob as
set out in §18.2-41; abduction as set out in subsection A or B of §18.2-47;
abduction for immoral purposes as set out in §18.2-48; assault and bodily
woundings as set out in Article 4 (§18.2-51 et seq.) of Chapter 4 of Title
18.2; robbery as set out in §18.2-58; carjacking as set out in §18.2-58.1;
extortion by threat as set out in §18.2-59; threat as set out in §18.2-60;
any felony stalking violation as set out in §18.2-60.3; a felony violation of
a protective order as set out in §18.2-60.4; sexual assault as set out in
Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2; arson as set out in
Article 1 (§18.2-77 et seq.) of Chapter 5 of Title 18.2; burglary as set out
in Article 2 (§18.2-89 et seq.) of Chapter 5 of Title 18.2; any felony
violation relating to distribution of drugs as set out in Article 1 (§18.2-247
et seq.) of Chapter 7 of Title 18.2; drive-by shooting as set out in §
18.2-286.1; use of a machine gun in a crime of violence as set out in §
18.2-289; aggressive use of a machine gun as set out in §18.2-290; use of a
sawed off shotgun in a crime of violence as set out in subsection A of §
18.2-300; pandering as set out in §18.2-355; crimes against nature involving
children as set out in §18.2-361; taking indecent liberties with children as
set out in §18.2-370 or 18.2-370.1; abuse or neglect of children as set out in
§18.2-371.1, including failure to secure medical attention for an injured
child as set out in §18.2-314; obscenity offenses as set out in §18.2-374.1;
possession of child pornography as set out in §18.2-374.1:1; electronic
facilitation of pornography as set out in §18.2-374.3; incest as set out in §
18.2-366; abuse or neglect of incapacitated adults as set out in §18.2-369;
employing or permitting a minor to assist in an act constituting an offense
under Article 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2 as set out in §
18.2-379; delivery of drugs to prisoners as set out in §18.2-474.1; escape
from jail as set out in §18.2-477; felonies by prisoners as set out in §
53.1-203; or an equivalent offense in another state; (b) convicted of any
felony violation relating to possession of drugs as set out in Article 1 (§
18.2-247 et seq.) of Chapter 7 of Title 18.2, or an equivalent offense in
another state, in the five years prior to the application date for
employment, to be a volunteer, or to provide contractual services; B. Notwithstanding the provisions of subsection A, a children's residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have been convicted of not more than one misdemeanor offense under §18.2-57 or 18.2-57.2, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services. If the applicant is denied employment or the opportunity to volunteer or provide services at a children's residential facility because of information appearing on his criminal history record, and the applicant disputes the information upon which the denial was based, upon written request of the applicant the state agency shall furnish the applicant the procedures for obtaining his criminal history record from the Federal Bureau of Investigation. If the applicant has been permitted to assume duties that do not involve contact with children pending receipt of the report, the children's residential facility is not precluded from suspending the applicant from his position pending a final determination of the applicant's eligibility to have responsibility for the safety and well-being of children. The information provided to the children's residential facility shall not be disseminated except as provided in this section. C. Those individuals listed in clauses (i), (ii) and (iii) of subsection A also shall authorize the children's residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him. The applicant shall provide the children's residential facility with a written statement or affirmation disclosing whether he has ever been the subject of a founded case of child abuse or neglect within or outside the Commonwealth. The children's residential facility shall receive the results of the central registry search prior to permitting an applicant to work alone with children. Children's residential facilities regulated or operated by the Departments of Education; Behavioral Health and Developmental Services; Military Affairs; and Social Services shall not hire for compensated employment or allow to volunteer or provide contractual services, persons who have a founded case of child abuse or neglect. Every residential facility for juveniles which is regulated or operated by the Department of Juvenile Justice shall be authorized to obtain a copy of the information from the central registry. D. The Boards of Social Services; Education; Juvenile Justice; and Behavioral Health and Developmental Services, and the Department of Military Affairs, may adopt regulations to comply with the provisions of this section. Copies of any information received by a children's residential facility pursuant to this section shall be available to the agency that regulates or operates such facility but shall not be disseminated further. The cost of obtaining the criminal history record and the central registry information shall be borne by the employee or volunteer unless the children's residential facility, at its option, decides to pay the cost. |
