14103377D
SENATE BILL NO. 353 Offered January 8, 2014 Prefiled January 7, 2014 A BILL to amend and reenact §§15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 63.2-901.1, 63.2-1601.1, 63.2-1704, 63.2-1717, and 63.2-1720 through 63.2-1726 of the Code of Virginia and to repeal §63.2-1719 of the Code of Virginia, relating to criminal history background checks; barrier crimes. ---------- Patron-- Edwards ---------- Referred to Committee on Rehabilitation and Social Services ----------

Be it enacted by the General Assembly of Virginia:

1. That §§15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 63.2-901.1, 63.2-1601.1, 63.2-1704, 63.2-1717, and 63.2-1720 through 63.2-1726 of the Code of Virginia are amended and reenacted as follows:

§15.2-914. Regulation of child-care services and facilities in certain counties and cities.

Any (i) county that has adopted the urban county executive form of government, (ii) city adjacent to a county that has adopted the urban county executive form of government, or (iii) city which is completely surrounded by such county may by ordinance provide for the regulation and licensing of persons who provide child-care services for compensation and for the regulation and licensing of child-care facilities. "Child-care services" means provision of regular care, protection and guidance to one or more children not related by blood or marriage while such children are separated from their parent, guardian or legal custodian in a dwelling not the residence of the child during a part of the day for at least four days of a calendar week. "Child-care facilities" includes any commercial or residential structure which is used to provide child-care services.

Such local ordinance shall not require the regulation or licensing of any child-care facility that is licensed by the Commonwealth and such ordinance shall not require the regulation or licensing of any facility operated by a religious institution as exempted from licensure by §63.2-1716.

Such local ordinances shall not be more extensive in scope than comparable state regulations applicable to family day homes. Such local ordinances may regulate the possession and storage of firearms, ammunition, or components or combination thereof at child-care facilities so long as such regulation remains no more extensive in scope than comparable state regulations applicable to family day homes. Local regulations shall not affect the manner of construction or materials to be used in the erection, alteration, repair or use of a residential dwelling.

Such local ordinances may require that persons who provide child-care services shall provide certification from the Central Criminal Records Exchange and a national criminal background check, in accordance with §§19.2-389 and 19.2-392.02, that such persons have not been convicted of any ~~offense involving the sexual molestation of children, the physical or sexual abuse or rape of a child or any offense identified in §63.2-1719, and such~~ of the following or adjudicated delinquent based on one of the following if such delinquency was based on a crime that would have been a felony if committed by an adult:

1. Crimes against the person, or an equivalent offense in another state:

Capital murder, as set out in §18.2-31;

First or second degree murder, as set out in §18.2-32;

Murder of a pregnant woman, as set out in §18.2-32.1;

Killing of a fetus, as set out in §18.2-32.2;

Felony homicide, as set out in §18.2-33;

Voluntary manslaughter, as set out in §18.2-35;

Involuntary manslaughter, as set out in §18.2-36, 18.2-36.1, or 18.2-36.2;

Malicious wounding by mob, as set out in §18.2-41;

Assault or battery by mob, as set out in §18.2-42;

Abduction, as set out in subsection A or B of §18.2-47;

Abduction with intent to extort money or for immoral purpose, as set out in §18.2-48;

Shooting, stabbing, etc., with intent to maim, kill, etc., as set out in §18.2-51;

Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical service providers, as set out in §18.2-51.1;

Aggravated malicious wounding, as set out in §18.2-51.2;

Reckless endangerment, as set out in §18.2-51.3;

Maiming, etc., of another resulting from driving while intoxicated, as set out in §18.2-51.4;

Maiming, etc., of another resulting from operating a watercraft while intoxicated, as set out in §18.2-51.5;

Malicious bodily injury by means of any caustic substance or agent or use of any explosive or fire, as set out in §18.2-52;

Possession of infectious biological substances or radiological agents, as set out in § 18.2-52.1;

Shooting, etc., in committing or attempting a felony, as set out in §18.2-53;

Use or display of firearm in committing a felony, as set out in §18.2-53.1;

Attempts to poison, as set out in §18.2-54.1;

Adulteration of food, drink, drugs, cosmetics, etc., as set out in §18.2-54.2;

Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers, or adult parolees, as set out in §18.2-55;

Hazing of youth gang members, as set out in §18.2-55.1;

Hazing, as set out in §18.2-56;

Reckless handling of firearms, as set out in §18.2-56.1;

Allowing access to firearms by children, as set out in §18.2-56.2;

Assault and battery, as set out in §18.2-57;

Pointing laser at law-enforcement officer, as set out in §18.2-57.01;

Disarming a law-enforcement or correctional officer, as set out in §18.2-57.02;

Assault and battery against a family or household member, as set out in §18.2-57.2;

Robbery, as set out in §18.2-58;

Carjacking, as set out in §18.2-58.1;

Extortion by threat, as set out in §18.2-59;

Threat of death or bodily injury, as set out in §18.2-60;

Any felony stalking offense, as set out in §18.2-60.3;

Any felony violation of a protective order, as set out in §16.1-253.2 or 18.2-60.4;

Rape, as set out in § 18.2-61;

Carnal knowledge of child between 13 and 15 years of age, as set out in §18.2-63;

Carnal knowledge of certain minors, as set out in §18.2-64.1;

Carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial or posttrial offender, as set out in §18.2-64.2;

Forcible sodomy, as set out in §18.2-67.1;

Object sexual penetration, as set out in §18.2-67.2;

Aggravated sexual battery, as set out in §18.2-67.3;

Sexual battery, as set out in §18.2-67.4;

Infected sexual battery, as set out in §18.2-67.4:1;

Sexual abuse of a child under 15 years of age, as set out in §18.2-67.4:2;

Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery, as set out in §18.2-67.5;

Third misdemeanor offense of sexual battery or certain other offenses, as set out in § 18.2-67.5:1; or

Subsequent offenses of certain felony sexual assault, as set out in §18.2-67.5:2 or 18.2-67.5:3;

2. Crimes against property, or an equivalent offense in another state:

Burning or destroying dwelling house, etc., as set out in §18.2-77;

Burning or destroying meeting house, etc., as set out in §18.2-79;

Burning or destroying any other building or structure, as set out in §18.2-80;

Burning or destroying personal property, standing grain, etc., as set out in §18.2-81;

Burning building or structure while in such building or structure with intent to commit a felony, as set out in §18.2-82;

Threats to bomb or damage buildings or means of transportation; false information as to danger to such buildings, etc., as set out in §18.2-83;

Causing, inciting, etc., commission of act proscribed by §18.2-83, as set out in §18.2-84;

Manufacture, possession, use, etc., of fire bombs or explosive materials or devices, as set out in §18.2-85;

Setting fire to woods, fences, grass, etc., as set out in §18.2-86;

Setting woods, etc., on fire intentionally whereby another is damaged or jeopardized, as set out in §18.2-87;

Setting off chemical bombs capable of producing smoke in certain public buildings, as set out in § 18.2-87.1;

Carelessly damaging property by fire, as set out in §18.2-88;

Burglary, as set out in §18.2-89;

Entering dwelling house, etc., with intent to commit murder, rape, robbery, or arson, as set out in §18.2-90;

Entering dwelling house, etc., with intent to commit larceny, assault and battery, or other felony, as set out in §18.2-91;

Breaking and entering dwelling house with intent to commit other misdemeanor, as set out in § 18.2-92;

Entering bank, armed, with intent to commit larceny, as set out in §18.2-93; or

Possession of burglarious tools, etc., as set out in §18.2-94;

3. Felony offenses relating to the manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute drugs, or an equivalent offense in another state:

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance, as set out in §18.2-248;

Transporting controlled substances into the Commonwealth, as set out in §18.2-248.01;

Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine, as set out in §18.2-248.02;

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute methamphetamine, as set out in §18.2-248.03;

Selling, giving, distributing, or possessing with intent to sell, give, or distribute marijuana, as set out in §18.2-248.1;

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute synthetic cannabinoids as set out in §18.2-248.1:1;

Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute illegal stimulants and steroids, as set out in § 18.2-248.5;

Distribution of flunitrazepam, as set out in §18.2-251.2;

Distribution of gamma-butyrolactone; 1,4-butanediol, as set out in §18.2-251.3;

Distribution of certain drugs to persons under the age of 18, as set out in §18.2-255;

Sale or manufacture of drugs on or near certain properties, as set out in §18.2-255.2;

Conspiracy, as set out in §18.2-256;

Attempts, as set out in §18.2-257;

Permitting, keeping, establishing, or maintaining a property deemed a common nuisance, as set out in §18.2-258;

Maintaining a fortified drug house, as set out in §18.2-258.02;

Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit, or forgery, as set out in §18.2-258.1; or

Assisting individuals in unlawfully procuring prescription drugs, as set out in §18.2-258.2;

4. Felony offenses relating to the possession of drugs, or an equivalent offense in another state:

Possession of controlled substances, as set out in §18.2-250;

Possession of flunitrazepam, as set out in §18.2-251.2;

Possession of gamma-butyrolactone; 1,4-butanediol, as set out in §18.2-251.3;

Conspiracy, as set out in §18.2-256; or

Attempts, as set out in §18.2-257;

5. Crimes involving health or safety, or an equivalent offense in another state:

Shooting from vehicles so as to endanger persons, as set out in §18.2-286.1;

Possession or use of machine gun for crime of violence, as set out in §18.2-289;

Possession or use of a machine gun for aggressive purpose, as set out in §18.2-290;

Possession or use of a "sawed-off" shotgun or rifle in a crime of violence, as set out in subsection A of §18.2-300; or

Failing to secure medical attention for an injured child, as set out in §18.2-314;

6. Crimes involving morals and decency, or an equivalent offense in another state:

Taking, detaining, etc., person for prostitution, etc., or consenting thereto, as set out in §18.2-355;

Crimes against nature, as set out in §18.2-361, involving children;

Incest, as set out in §18.2-366;

Abuse or neglect of incapacitated adults, as set out in §18.2-369;

Taking indecent liberties with children, as set out in §18.2-370 or 18.2-370.1;

Penetration of the mouth of a child with lascivious intent, as set out in §18.2-370.6;

Causing or encouraging acts rendering children delinquent, as set out in §18.2-371, when such acts result in a criminal homicide, as set out in subsection C of § 9.1-902, such that the person is required to register with the Department of State Police for inclusion in the Sex Offender and Crimes Against Minors Registry established pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1;

Abuse or neglect of children, as set out in §18.2-371.1;

Production, publication, sale, financing, etc., of child pornography, as set out in § 18.2-374.1;

Possession, reproduction, distribution, or facilitation of child pornography, as set out in §18.2-374.1:1;

Use of communications systems to facilitate certain crimes involving children, as set out in § 18.2-374.3;

Employing or permitting a minor to assist in an act constituting an offense under Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, as set out in §18.2-379; or

Unlawful filming, videotaping, or photographing of another as set out in §18.2-386.1 upon a third or subsequent conviction, when as a result of such third or subsequent conviction the individual is required to register with the Department of State Police for inclusion in the Sex Offender and Crimes Against Minors Registry established pursuant to Chapter 9 (§9.1-900 et seq.) of Title 9.1;

7. Crimes against the administration of justice, or an equivalent offense in another state:

Delivery of drugs firearms, explosives, etc., to prisoners, as set out in §18.2-474.1; or

Escape from jail, as set out in §18.2-477;

8. Any felony offense by prisoners as set out in §53.1-203; or

9. Any felony offense other than those listed in subdivisions 1 through 8 if less than five years have elapsed between the date of conviction and the date of application.

Such ordinances may require that persons who provide child-care services shall provide certification from the central registry of the Department of Social Services that such persons have not been the subject of a founded complaint of abuse or neglect. If an applicant is denied licensure because of any adverse information appearing on a record obtained from the Central Criminal Records Exchange, the national criminal background check, or the Department of Social Services, the applicant shall be provided a copy of the information upon which that denial was based.

§19.2-389. Dissemination of criminal history record information.

A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only to:

1. Authorized officers or employees of criminal justice agencies, as defined by §9.1-101, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, and 5 of §53.1-136 shall include collective dissemination by electronic means every 30 days;

2. Such other individuals and agencies that require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending;

3. Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data;

4. Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;

5. Agencies of state or federal government that are authorized by state or federal statute or executive order of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information;

6. Individuals and agencies where authorized by court order or court rule;

7. Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit, or license under consideration;

7a. Commissions created pursuant to the Transportation District Act of 1964 (§15.2-4500 et seq.) and their contractors, for the conduct of investigations of individuals who have been offered a position of employment whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration;

8. Public or private agencies when authorized or required by federal or state law or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual's household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law;

9. To the extent permitted by federal law or regulation, public service companies as defined in §56-1, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration;

10. The appropriate authority for purposes of granting citizenship and for purposes of international travel, including, but not limited to, issuing visas and passports;

11. A person requesting a copy of his own criminal history record information as defined in §9.1-101 at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with (i) a Virginia affiliate of Big Brothers/Big Sisters of America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program as defined in §15.2-1713.1;

12. Administrators and board presidents of and applicants for licensure or registration as a child welfare agency as defined in §63.2-100 for dissemination to the Commissioner of Social Services' representative pursuant to §63.2-1702 for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and other adults living in family day care homes or homes approved by family day care systems, and foster and adoptive parent applicants of private child-placing agencies, pursuant to §§ ~~63.2-1719,~~ 63.2-1720, and 63.2-1721, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Commissioner of Social Services' representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination;

13. The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment and those current school board employees for whom a report of arrest has been made pursuant to §19.2-83.1;

14. The State Lottery Department for the conduct of investigations as set forth in the State Lottery Law (§58.1-4000 et seq.), and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2;

15. Licensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to §32.1-126.01, hospital pharmacies pursuant to §32.1-126.02, and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in subsection E;

16. Licensed homes for adults, licensed district homes for adults, and licensed adult day care centers for the conduct of investigations of applicants for compensated employment in licensed homes for adults pursuant to §63.2-1720, in licensed district homes for adults pursuant to §63.1-189.1, and in licensed adult day care centers pursuant to §63.2-1720, subject to the limitations set out in subsection F;

17. The Alcoholic Beverage Control Board for the conduct of investigations as set forth in §4.1-103.1;

18. The State Board of Elections and authorized officers and employees thereof and general registrars appointed pursuant to §24.2-110 in the course of conducting necessary investigations with respect to voter registration, limited to any record of felony convictions;

19. The Commissioner of Behavioral Health and Developmental Services for those individuals who are committed to the custody of the Commissioner pursuant to §§19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, and 19.2-182.9 for the purpose of placement, evaluation, and treatment planning;

20. Any alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program for (i) assessments of habitual offenders under §46.2-360, (ii) interventions with first offenders under §18.2-251, or (iii) services to offenders under §18.2-51.4, 18.2-266, or 18.2-266.1;

21. Residential facilities for juveniles regulated or operated by the Department of Social Services, the Department of Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining applicants' fitness for employment or for providing volunteer or contractual services;

22. The Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual's fitness for employment pursuant to departmental instructions;

23. Pursuant to §22.1-296.3, the governing boards or administrators of private or religious elementary or secondary schools which are accredited by a statewide accrediting organization recognized, prior to January 1, 1996, by the State Board of Education or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written agreement with the Department of State Police;

24. Public and nonprofit private colleges and universities for the purpose of screening individuals who are offered or accept employment;

25. Members of a threat assessment team established by a public institution of higher education pursuant to §23-9.2:10 or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose that such disclosure was made to the threat assessment team;

26. Executive directors of community services boards or the personnel director serving the community services board for the purpose of determining an individual's fitness for employment pursuant to §§37.2-506 and 37.2-607;

27. Executive directors of behavioral health authorities as defined in §37.2-600 for the purpose of determining an individual's fitness for employment pursuant to §§37.2-506 and 37.2-607;

28. The Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the name, address, demographics and social security number of the data subject shall be released;

29. Authorized officers or directors of agencies licensed pursuant to Article 2 (§37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if any applicant who accepts employment in any direct care position has been convicted of a crime that affects his fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability, or substance abuse pursuant to §§37.2-416, 37.2-506, and 37.2-607;

30. The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§46.2-2000 et seq.) and 21 (§46.2-2100 et seq.) of Title 46.2;

31. The chairmen of the Committees for Courts of Justice of the Senate or the House of Delegates for the purpose of determining if any person being considered for election to any judgeship has been convicted of a crime;

32. Heads of state agencies in which positions have been identified as sensitive for the purpose of determining an individual's fitness for employment in positions designated as sensitive under Department of Human Resource Management policies developed pursuant to §2.2-1201.1. Dissemination of criminal history record information to the agencies shall be limited to those positions generally described as directly responsible for the health, safety and welfare of the general populace or protection of critical infrastructures;

33. The Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§37.2-900 et seq.);

34. Shipyards, to the extent permitted by federal law or regulation, engaged in the design, construction, overhaul, or repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other visitors;

35. Any employer of individuals whose employment requires that they enter the homes of others, for the purpose of screening individuals who apply for, are offered, or have accepted such employment;

36. Public agencies when and as required by federal or state law to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination, subject to limitations set out in subsection G;

37. The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services;

38. The State Corporation Commission for the purpose of investigating individuals who are current or proposed members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§6.2-1600 et seq.) of Title 6.2. Notwithstanding any other provision of law, if an application is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to §6.2-1605, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee;

39. The Department of Professional and Occupational Regulation for the purpose of investigating individuals for initial licensure pursuant to §54.1-2106.1;

40. The Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for the purpose of evaluating an individual's fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services pursuant to Article 11 (§51.5-170 et seq.) of Chapter 14 of Title 51.5 that will assist the individual in obtaining employment;

41. Bail bondsmen, in accordance with the provisions of § 19.2-120;

42. The State Treasurer for the purpose of determining whether a person receiving compensation for wrongful incarceration meets the conditions for continued compensation under §8.01-195.12;

43. The Department of Social Services and directors of local departments of social services for the purpose of screening individuals seeking to enter into a contract with the Department of Social Services or a local department of social services for the provision of child care services for which child care subsidy payments may be provided; and

44. Other entities as otherwise provided by law.

Upon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter.

Notwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect.

B. Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further.

C. No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law.

D. Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by §15.2-1722.

E. Criminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified in §§32.1-126.01, 32.1-126.02, and 32.1-162.9:1.

F. Criminal history information provided to licensed assisted living facilities, licensed district homes for adults, and licensed adult day care centers pursuant to subdivision A 16 shall be limited to the convictions on file with the Exchange for any offense specified in §63.1-189.1 or 63.2-1720.

G. Criminal history information provided to public agencies pursuant to subdivision A 36 shall be limited to the convictions on file with the Exchange for any offense specified in ~~§63.2-1719~~ §§63.2-1720 and 63.2-1721.

H. Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish at the employer's cost a copy of conviction data covering the person named in the request to the employer or prospective employer making the request, provided that the person on whom the data is being obtained has consented in writing to the making of such request and has presented a photo-identification to the employer or prospective employer. In the event no conviction data is maintained on the person named in the request, the requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal history record search shall be conducted on forms provided by the Exchange.

§19.2-392.02. National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children, the elderly and disabled.

A. For purposes of this section:

"Barrier crime" means any offense set forth in § ~~63.2-1719~~ 63.2-1720, 63.2-1721, or 63.2-1726.

"Barrier crime information" means the following facts concerning a person who has been arrested for, or has been convicted of, a barrier crime, regardless of whether the person was a juvenile or adult at the time of the arrest or conviction: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the barrier crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that may be useful in identifying persons arrested for or convicted of a barrier crime.

"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly or disabled.

"Department" means the Department of State Police.

"Employed by" means any person who is employed by, volunteers for, seeks to be employed by, or seeks to volunteer for a qualified entity.

"Identification document" means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.

"Provider" means a person who (i) is employed by a qualified entity, and has, seeks to have, or may have unsupervised access to a child or to an elderly or disabled person to whom the qualified entity provides care or (ii) owns, operates or seeks to own or operate a qualified entity.

"Qualified entity" means a business or organization that provides care to children, the elderly or disabled, whether governmental, private, for profit, nonprofit or voluntary, except organizations exempt pursuant to subdivision A 10 of §63.2-1715.

B. Notwithstanding §§ ~~63.2-1719 to~~ 63.2-1720, 63.2-1721 and 63.2-1724, a qualified entity may request the Department of State Police to conduct a national criminal background check on any provider who is employed by such entity. No qualified entity may request a national criminal background check on a provider until such provider has:

1. Been fingerprinted at any local or state law-enforcement agency and provided the fingerprints to the qualified entity; and

2. Completed and signed a statement, furnished by the entity, that includes (i) his name, address, and date of birth as it appears on a valid identification document, (ii) a disclosure of whether or not the provider has ever been convicted of or is the subject of pending charges for a criminal offense within or outside the Commonwealth, and if the provider has been convicted of a crime, a description of the crime and the particulars of the conviction, (iii) a notice to the provider that the entity may request a background check, (iv) a notice to the provider that he is entitled to obtain a copy of any background check report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the Department, and (v) a notice to the provider that prior to the completion of the background check the qualified entity may choose to deny the provider unsupervised access to children, the elderly or disabled for whom the qualified entity provides care.

C. Upon receipt of (i) a qualified entity's written request to conduct a background check on a provider, (ii) the provider's fingerprints, and (iii) a completed, signed statement as described in subsection B, the Department shall make a determination whether the provider has been convicted of or is the subject of charges of a barrier crime. To conduct its determination regarding the provider's barrier crime information, the Department shall access the national criminal history background check system, which is maintained by the Federal Bureau of Investigation and is based on fingerprints and other methods of identification, and shall access the Central Criminal Records Exchange maintained by the Department. If the Department receives a background report lacking disposition data, the Department shall conduct research in whatever state and local record-keeping systems are available in order to obtain complete data. The Department shall make reasonable efforts to respond to a qualified entity's inquiry within 15 business days.

D. Any background check conducted pursuant to this section for a provider employed by a private entity shall be screened by the Department of State Police. If the provider has been convicted of or is under indictment for a barrier crime, the qualified entity shall be notified that the provider is not qualified to work or volunteer in a position that involves unsupervised access to children, the elderly or disabled.

E. Any background check conducted pursuant to this section for a provider employed by a governmental entity shall be provided to that entity.

F. In the case of a provider who desires to volunteer at a qualified entity and who is subject to a national criminal background check, the Department and the Federal Bureau of Investigation may each charge the provider the lesser of $18 or the actual cost to the entity of the background check conducted with the fingerprints.

G. The failure to request a criminal background check pursuant to subsection B shall not be considered negligence per se in any civil action.

§22.1-296.3. Certain private school employees subject to fingerprinting and criminal records checks.

A. As a condition of employment, the governing boards or administrators of private or religious elementary or secondary schools which are accredited by a statewide accrediting organization recognized, prior to January 1, 1996, by the State Board of Education shall require any applicant who accepts employment for the first time after July 1, 1998, 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.

The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall report to the governing board or administrator, or to a private organization coordinating such records on behalf of such governing board or administrator pursuant to a written agreement with the Department of State Police, that the applicant meets the criteria or does not meet the criteria for employment based on whether or not the applicant has ever been convicted of the following crimes or their equivalent if from another jurisdiction: any offense set forth in §63.2-1719 or 63.2-1726, 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 or adjudicated delinquent based on one of the following if such delinquency was based on a crime that would have been a felony if committed by an adult: