Bill Text: VA SB958 | 2017 | Regular Session | Prefiled
Bill Title: Disclosure of information regarding former deputy sheriffs and law-enforcement officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-25 - Passed by indefinitely in Courts of Justice (8-Y 5-N) [SB958 Detail]
Download: Virginia-2017-SB958-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-1709 of the Code of Virginia is amended and reenacted as follows:
§15.2-1709. Employer immunity from liability; disclosure of information regarding former deputy sheriffs and law-enforcement officers.
A. Any
sheriff or chief of police, the any director or chief
executive of any agency or department employing deputy sheriffs or
law-enforcement officers as defined in
§9.1-101, or jail officers as defined
in §53.1-1, and the Director of the Department of Criminal Justice Services or
his designee who discloses information about a former deputy sheriff's or
law-enforcement officer's or jail officer's job performance to a prospective
law-enforcement or jail employer of the former appointee or employee is
presumed to be acting in good faith and, unless lack of good faith is shown by
clear and convincing evidence, is immune from civil liability for such
disclosure or its consequences. For purposes of this section subsection,
the presumption of good faith is rebutted upon a showing that the information
disclosed by the former employer was knowingly false or deliberately
misleading, was rendered with malicious purpose, or violated any civil right of
the former employee or appointee.
B. Any sheriff or chief of police, any director or chief executive of any agency or department employing deputy sheriffs or law-enforcement officers as defined in § 9.1-101 or jail officers as defined in §53.1-1, and the Director of the Department of Criminal Justice Services or his designee shall disclose to a prospective law-enforcement or jail employer (i) any information related to an arrest or prosecution of a former appointee or employee, including any expunged arrest or criminal charge that would otherwise be prohibited from disclosure in accordance with § 19.2-392.4; (ii) any information related to a civil suit regarding a former appointee's or employee's employment or performance of his duties; and (iii) any information obtained during the course of any internal investigation related to a former appointee's or employee's alleged criminal conduct, use of excessive force, or other official misconduct. Such disclosure is required only if the prospective employer presents a written waiver signed by the former appointee or employee that explicitly authorizes the disclosure of the information described in this subsection and the agency receiving the request is not prohibited from the disclosure of such information pursuant to a binding nondisclosure agreement or otherwise prohibited by law. Any sheriff or chief of police, any director or chief executive of any agency or department employing deputy sheriffs or law-enforcement officers as defined in § 9.1-101 or jail officers as defined in §53.1-1, and the Director of the Department of Criminal Justice Services or his designee is immune from civil liability for complying with the provisions of this subsection.
