16105390D
SENATE BILL NO. 534
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 8, 2016)
(Patron Prior to Substitute--Senator Surovell)
A BILL to amend and reenact §8.01-40.3 of the Code of
Virginia, relating to dissemination of criminal history record information;
civil actions.
Be it enacted by the General Assembly of Virginia:
1. That §8.01-40.3 of the Code of Virginia is amended and
reenacted as follows:
§8.01-40.3. Unauthorized dissemination, etc., of criminal
history record information; civil action.
A. Any person or entity who is regularly engaged in the
business of disseminating or publishing, for a fee, criminal history record
information and who knowingly disseminates or publishes such information
relating to information that has been expunged or who disseminates or publishes
such information 60 days or more after having received notice of the issuance
of a court order to expunge such information shall be liable to the subject of
the criminal history record information for actual damages. No person shall be
liable under this subsection if the dissemination or publication of such
information was not prohibited at the time of the dissemination or publication
or if the dissemination is otherwise required by law.
B. Any person who disseminates, publishes, or maintains
or causes to be disseminated, published, or maintained the criminal history
record information as defined in §9.1-101 of an individual pertaining
to that individual's charge or arrest for a criminal offense and solicits,
requests, or accepts money or other thing of value for removing such criminal
history record information shall be liable to the individual who is the subject
of the information for actual damages or $500, whichever is greater, in
addition to reasonable attorney fees and costs.
B. C. Nothing in this section shall be construed
to impose liability on:
1. An an interactive computer service, as
defined in 47 U.S.C. §230(f), for content provided by another person, nor
shall it be deemed to prohibit an individual from bringing an action on the
individual's own behalf under the federal Fair Credit Reporting Act (15 U.S.C.
§1681 et seq.).
2. Any speech protected by Article I, Section 12 of the
Constitution of Virginia.
C. D. As used in this section, "criminal
history record information" means the same as that term is defined in §
9.1-101.
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