SEARCH SITE
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.
2023 SESSION
HB 1859 Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Serv.
Introduced by: Michael J. Webert | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Service, through Virginia Rap Back Service, for fingerprint-based criminal history record monitoring; penalty. Requires the Department of State Police to participate in the Federal Bureau of Investigation's Next Generation Identification Record of Arrest and Prosecution (Rap) Back Service, through the Virginia Rap Back Service, for the purpose of allowing those agencies and governmental entities that require a fingerprint-based criminal background check as a condition of (i) providing care to (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service to be advised when an individual subject to such screening is arrested for, or convicted of, a criminal offense. The bill provides that fingerprints submitted to the FBI through the Virginia Rap Back Service may be used for future searches, including latent searches.
The bill requires the Department to ensure that notification is made to the participating entity, defined in the bill, when an FBI Rap Back report is received. Any unauthorized use of the information submitted to the Service is prohibited; any willful violation with the intent to harass or intimidate another is a Class 1 misdemeanor. The bill requires the Department to promulgate regulations governing the Service and the removal and destruction of records on persons who are deceased or are no longer enrolled in the Service. The bill provides that such regulations shall provide that a participating entity shall disenroll any individual who is deceased or is no longer an individual, as defined in the bill, within 30 days of death or such event that no longer requires such individual to be enrolled in the Virginia Rap Back Service in order to ensure the prompt removal and destruction of records from the Virginia Rap Back Service. The bill authorizes the Department to charge a $12 fee per individual enrolled in the Service, paid by any participating entity enrolling the individual in the Service, and provides that when more than one participating agency enrolls the same individual in the Service, both entities shall be responsible for paying the full cost for maintenance and notification. The bill requires that any fees collected shall be deposited in a special account to offset costs of subscription fees, maintenance fees, and enhancements related to the Criminal and Rap Back Information System.
Under current law, the Department maintains an Applicant Fingerprint Database that functions similarly to the Service. The bill transitions the Department from using the Database and requires the Service to be operational no later than July 1, 2025, contingent upon appropriation of funds. This bill is identical to SB 1183.
FULL TEXT
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23104019D pdf | impact statement
- 02/22/23 House: Bill text as passed House and Senate (HB1859ER) pdf | impact statement
- 03/17/23 Governor: Acts of Assembly Chapter text (CHAP0040) pdf
AMENDMENTS
HISTORY
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23104019D
- 01/10/23 House: Referred to Committee on Public Safety
- 01/17/23 House: Assigned PS sub: Subcommittee #2
- 01/19/23 House: Subcommittee recommends reporting (8-Y 0-N)
- 01/20/23 House: Reported from Public Safety (21-Y 0-N)
- 01/24/23 House: Read first time
- 01/25/23 House: Read second time and engrossed
- 01/26/23 House: Read third time and passed House (97-Y 1-N)
- 01/26/23 House: VOTE: (97-Y 1-N)
- 01/27/23 Senate: Constitutional reading dispensed
- 01/27/23 Senate: Referred to Committee on the Judiciary
- 02/08/23 Senate: Reported from Judiciary with amendments (14-Y 0-N)
- 02/08/23 Senate: Rereferred to Finance and Appropriations
- 02/14/23 Senate: Reported from Finance and Appropriations (16-Y 0-N)
- 02/14/23 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/15/23 Senate: Read third time
- 02/15/23 Senate: Reading of amendments waived
- 02/15/23 Senate: Committee amendments agreed to
- 02/15/23 Senate: Engrossed by Senate as amended
- 02/15/23 Senate: Passed Senate with amendments (40-Y 0-N)
- 02/17/23 House: Senate amendments agreed to by House (98-Y 0-N)
- 02/17/23 House: VOTE: Adoption (98-Y 0-N)
- 02/22/23 House: Enrolled
- 02/22/23 House: Bill text as passed House and Senate (HB1859ER)
- 02/22/23 House: Signed by Speaker
- 02/24/23 Senate: Signed by President
- 03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023
- 03/02/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/17/23 Governor: Approved by Governor-Chapter 40 (effective 7/1/23)
- 03/17/23 Governor: Acts of Assembly Chapter text (CHAP0040)