Virginia House Bill HB1859

Virginia 2023 Regular Session

• 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
• Passed: 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.