VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2009 SESSION

• history | hilite | pdf | print version

090846653
HOUSE BILL NO. 1812 Offered January 14, 2009 Prefiled January 12, 2009 A BILL to amend the Code of Virginia by adding a section numbered 2.2-2812.1, relating to a prohibition on questioning prospective employees regarding certain prior criminal convictions; penalty. ---------- Patron-- Morrissey ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 2.2-2812.1 as follows:

§ 2.2-2812.1. Unlawful for employer to ask about certain criminal convictions; penalty.

A. Notwithstanding any provision of law to the contrary, it shall be unlawful for any state agency employer, as a condition of employment or during the course of employment, to ask a prospective employee or an employee any question concerning the individual's record of any arrest or conviction of a violation of any criminal law of the Commonwealth or of any other state or the United States, unless the question refers to an arrest or conviction that:

1. Occurred within eight years preceding the employer's questioning; or

2. Was for an offense punishable as a violent felony as defined in § 17.1-805 or 19.2-297.1.

B. No employee of a state agency shall be discharged, demoted, or otherwise discriminated against, and no prospective employee of a state agency shall be denied employment, by the employer solely on the basis of the individual's response or failure to respond to a question that the employer is prohibited from asking pursuant to subsection A.

C. A violation of this section is punishable by a civil penalty not to exceed $500.