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2015 SESSION

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HB 1764 Criminal history record information; dissemination, etc., civil actions.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Dissemination, etc., of criminal history record; civil action.  Provides that a person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information 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. The bill specifies that liability is not imposed on an interactive computer service for content provided by another person or for any speech protected by Article I, Section 12 of the Constitution of Virginia.

SUMMARY AS PASSED HOUSE:

Dissemination, etc., of criminal history record information; civil actions. Creates two separate civil actions relating to the dissemination, publication, or maintenance of criminal history record information. First, any person who disseminates or publishes or  causes to be disseminated or published the criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal offense more than 120 days after confirmation by the State Police to the individual charged or arrested that such information has been expunged pursuant to Title 16.1 or Title 19.2 when such person knows or should have known that the information has been expunged shall be liable to the individual who is the subject of the information. Second, any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information 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. In both cases, such person may be liable to the subject individual for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs. Finally, the bill does not impose liability on an interactive computer service for content provided by another person or any speech protected by Article I, Section 12 of the Constitution of Virginia.

SUMMARY AS INTRODUCED:

Dissemination, etc., of criminal history record information; civil actions. Creates two separate civil actions relating to the dissemination, publication, or maintenance of criminal history record information. First, any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information of an individual pertaining to that individual's charge or arrest for a criminal offense more than 120 days after confirmation by the State Police to the individual charged or arrested that such information has been expunged pursuant to Title 16.1 or Title 19.2 when such person knows or has reason to know that the information has been expunged shall be liable to the individual who is the subject of the information. Second, any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information 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. In both cases, such person will be liable to the subject individual for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.