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2023 SESSION
23104211DBe it enacted by the General Assembly of Virginia:
1. That § 52-46 of the Code of Virginia is amended and reenacted as follows:
§ 52-46. Virginia Rap Back Service; criminal history record monitoring; maintenance; dissemination; penalty.
A. The Department of State Police, through the Virginia
[ Rap Record of Arrest and Prosecution (Rap) ] Back
Service, shall keep and maintain an Applicant Fingerprint Database
separate and apart from all other records maintained by the Department
participate in the Federal Bureau of Investigation's (FBI) Next Generation
Identification (NGI) Rap Back Service. The purpose of the database
Virginia Rap Back Service shall be to allow those agencies and
governmental entities who 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 which would disqualify that individual from
licensure, certification, employment or volunteer service with that entity.
The Department is authorized to submit fingerprints and accompanying records to
the Federal Bureau of Investigation (FBI) to be
retained in and advised through the FBI's Next Generation Identification
NGI Rap Back service Service when an enrolled
individual subject to a criminal background check is arrested for, or
convicted of, a criminal offense not reported to the Department which would
disqualify that individual from licensure, certification, employment, or
volunteer service with that entity. Fingerprints submitted to the FBI
may be used for future searches, including latent searches.
B. As used in this section:
"Individual" means any person who has submitted to a fingerprint-based background check in order to (i) care for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) be licensed, (b) be certified, (c) be employed, or (d) perform volunteer service with a participating entity and who has been enrolled by that participating entity in the Virginia Rap Back Service.
"Participating entity" means an agency or
organization a governmental entity that requires a fingerprint
fingerprint-based background check as a condition of (i) caring for (a)
children, (b) the disabled, or (c) the elderly or (ii) (a) licensure,
(b) certification, (c) employment, or (d) volunteer service,
and that has elected to participate enroll individuals in the
database Virginia Rap Back Service.
"Individual" means any person who has submitted
fingerprints to a participating entity in order to be licensed, certified,
employed, or to perform volunteer service with that entity.
C. The Department of State Police shall notify
ensure that notification is made forthwith to the participating
entity that employs, certifies, licenses, or accepts the volunteer services
of enrolls an individual whose prints are maintained in the
database upon receipt of a in the Virginia Rap Back Service when an FBI
Rap Back report that the individual has been arrested for or convicted
of an offense that would disqualify that individual from licensure,
certification, employment or volunteer service with that entity is
received. The information contained in the notification shall be used by
the participating entity for purposes of determining the eligibility of
the continued service of the individual and shall not be further disseminated.
D. Use of the information contained in the database or
received from the database submitted to the Virginia Rap Back Service
for purposes not authorized by this section is prohibited, and a willful
violation of this section with the intent to harass or intimidate another shall
be punished as a Class 1 misdemeanor.
E. No liability shall be imposed upon any law-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this section, but this provision shall not be construed to grant immunity for gross negligence or willful misconduct.
F. The Department of State Police shall promulgate regulations
governing the operation and maintenance of the database Virginia Rap
Back Service and the expungement removal and destruction of
records on persons individuals who are deceased, or who
are no longer employed, licensed, certified, or in volunteer service for the
entity that submitted the fingerprints individuals as defined in this
section. [ Such regulations shall provide that a participating entity
shall disenroll any individual who is deceased or is no longer an individual as
defined in this section 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. ]
G. The Department of State Police may charge [ an annual
fee not to exceed an annual fee not to exceed ] $10 [ a
reasonable fee $12 ] per individual entered into
enrolled in the database Virginia Rap Back Service. The fee
shall be paid no later than July 15 of each year by the any
participating entity or entities submitting fingerprints to the database or
by the entity or entities requesting notification regarding an individual
enrolling an individual in the Virginia Rap Back Service. An individual
whose licensure, certification, employment, or volunteer service who
moves from one participating entity to another need not be reprinted.
When more than one participating entity licenses, certifies, employs, or
accepts the volunteer services of an enrolls the same individual in
the database Virginia Rap Back Service, both participating
entities shall be responsible for paying the full cost for maintenance and
notification. Any fees collected shall be deposited in a special account to be
used to offset the costs of enhancing and administering subscription
fees, maintenance fees, and enhancements related to the database
Criminal and Rap Back Information System.
H. The Department of State Police shall make the database
Virginia Rap Back Service available no later than January July
1, 2005 2025, unless funds necessary to develop and operate the
database Virginia Rap Back Service are unavailable.
I. No participating entity authorized to submit
fingerprints shall be considered negligent per se in a civil action solely
because the entity elected not to submit enroll an
individual's fingerprints to individual in the database
Virginia Rap Back Service pursuant to this section.