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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 22.1-296.2 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-296.2. Fingerprinting required.
As a condition of employment, the school boards of the Counties of Albemarle,
Campbell, Chesterfield, Cumberland, Dinwiddie, Essex, Fairfax,
Fauquier, Fluvanna, Frederick, Greene, Hanover, Henrico, Henry, Isle of Wight,
Loudoun, Louisa, Middlesex, Nelson, New Kent, Orange,
Pittsylvania, Prince William, Roanoke, Rockbridge, Spotsylvania,
and Stafford, and Westmoreland and the Cities of
Alexandria, Bristol, Charlottesville, Chesapeake, Danville, Falls Church,
Fredericksburg, Hampton, Hopewell, Lynchburg, Manassas, Newport
News, Norfolk, Petersburg, Portsmouth, Radford, Richmond, Roanoke,
Suffolk, Virginia Beach, Waynesboro, and Winchester shall
require any applicant who is offered or accepts employment after July 1, 1989,
whether full-time or part-time, permanent, or temporary, to submit to
fingerprinting and to provide personal descriptive information to be forwarded
along with the applicant's fingerprints through the Central Criminal Records
Exchange to the Federal Bureau of Investigation for the purpose of obtaining
criminal history record information regarding such applicant; however, such
applicant may be required to pay the cost of such fingerprinting or criminal
records check at the discretion of the school board. From such funds as may be
available for this purpose, the school board may pay for the fingerprinting or
criminal records check.
The Central Criminal Records Exchange, upon receipt of an applicant's record or
notification that no record exists, shall report to the school board whether or
not the applicant has ever been convicted of murder, abduction for immoral
purposes as set out in § 18.2-48, sexual assault as set out in Article 7
(§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, failing to secure medical
attention for an injured child, pandering as set out in § 18.2-355, crimes
against nature involving children as set out in § 18.2-361, taking
indecent liberties with children as set out in § 18.2-370 or §
18.2-370.1, neglect of children as set out in § 18.2-371.1, or
obscenity offenses as set out in § 18.2-374.1 or § 18.2-379,
possession or distribution of drugs as set out in Article 1 (§ 18.2-247 et
seq.) of Chapter 7 of Title 18.2, arson as set out in Article 1 (§ 18.2-77
et seq.) of Chapter 5 of Title 18.2, use of a firearm in the commission of a
felony as set out in § 18.2-53.1, or an equivalent offense in another
state. The Central Criminal Records Exchange shall not disclose information to
the school board regarding charges or convictions of any crimes not specified
in this section. If an applicant is denied employment because of information
appearing on his criminal history record, the school board shall provide a copy
of the information obtained from the Central Criminal Records Exchange to the
applicant. The information provided to the school board shall not be
disseminated except as provided in this section.