Virginia 2023 Regular Session

Virginia House Bill HB1859

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/20/23  
Engrossed
1/25/23  
Refer
1/27/23  
Report Pass
2/8/23  
Report Pass
2/14/23  
Engrossed
2/15/23  
Engrossed
2/17/23  
Enrolled
2/22/23  
Chaptered
3/17/23  

Caption

Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Serv.

Impact

The implementation of HB 1859 would necessitate changes to how background checks are conducted in Virginia, specifically enhancing procedures for monitoring criminal history post-employment. By establishing a system that immediately notifies employers of relevant criminal developments, the bill aims to improve the safety and integrity of public service roles. This could result in stricter oversight and regulation in areas where individuals work closely with vulnerable populations.

Summary

House Bill 1859 proposes the establishment of a fingerprint database under the Virginia Rap Back Service, which is intended to assist governmental entities in conducting fingerprint-based criminal background checks. This bill outlines the operational framework for maintaining the database and mandates that participating entities receive notifications should an individual, previously checked, be arrested or convicted of a disqualifying offense. This ensures that agencies can take necessary actions regarding the eligibility of individuals in sensitive positions, such as those involving care for children, the elderly, or the disabled.

Sentiment

The reception of HB 1859 appears largely positive among supporters who argue that it strengthens the protections surrounding vulnerable individuals by ensuring that changes in an employee's criminal status are quickly communicated. However, there are concerns regarding privacy and the implications of continuous monitoring of employees, particularly around data security and the management of sensitive information. Advocates of the bill emphasize its potential to prevent incidents of neglect or abuse by alerting agencies to any criminal misconduct of staff promptly.

Contention

One notable point of contention revolves around the logistics and financial implications of maintaining the Virginia Rap Back Service. Critics express concerns over the costs associated with participation and implementation of the program, particularly the annual fees imposed on organizations. There may also be debates regarding the sufficiency of regulations to protect the privacy of individuals while also ensuring effective screening and notification protocols are enforced, balancing public safety with personal rights.

Companion Bills

VA SB1183

Same As Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Serv.

Previously Filed As

VA SB1183

Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Serv.

VA HB444

Virginia Rap Back Service; criminal history record monitoring.

VA SB169

Virginia Rap Back Service; criminal history record monitoring.

VA HB2884

ESAs; teacher qualifications; fingerprinting requirements

VA SB1641

Qualified schools; fingerprinting requirements; penalties

VA HB2243

Fingerprinting; criminal history; records checks

VA HB513

Alabama Justice Information Commission; collection, dissemination, and use of biometric identifiers by certain entities provided for; Alabama Background Check Service established, types, uses, and fees for certain background checks for noncriminal justice purposes authorized; Alabama Rap Back Program established, penalties provided for; existing law relating to release of criminal history information repealed

VA AB152

Background checks and fingerprinting: state employment, licensing, and contracting.

VA SB152

Background checks and fingerprinting: state employment, licensing, and contracting.

VA SB883

Education - Virtual Tutoring Services - Background Checks and Fingerprinting

Similar Bills

VA SB1183

Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Serv.

VA HB444

Virginia Rap Back Service; criminal history record monitoring.

VA SB169

Virginia Rap Back Service; criminal history record monitoring.

VA HB453

Kinship foster care; barrier crimes.

VA SB689

Foster or adoptive homes; background checks, etc., for applicants.

VA SB1219

Kinship foster care; barrier crimes, exception.

WV SB140

Allowing state and federal criminal history record check of each adult living in residence when minor child is placed there due to emergency

WV SB462

Permitting Board of Occupational Therapy to require criminal history record checks