Virginia 2023 Regular Session

Virginia Senate Bill SB1183

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
1/25/23  
Report Pass
2/2/23  
Engrossed
2/6/23  
Refer
2/9/23  
Report Pass
2/10/23  
Enrolled
2/20/23  
Chaptered
3/17/23  

Caption

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

Impact

The bill facilitates communication between employment agencies and law enforcement regarding the criminal backgrounds of individuals required to submit fingerprints. By aligning state regulations with the federal FBI's Next Generation Identification Rap Back Service, SB1183 not only standardizes but also strengthens the criteria by which these individuals are monitored. This alignment will significantly enhance public safety by providing real-time updates about potential threats posed by individuals who have previously undergone background checks, thus allowing agencies to act swiftly when necessary.

Summary

SB1183 introduces the Virginia Rap Back Service, a dedicated database that aims to streamline the process of monitoring the criminal history of individuals who undergo fingerprint-based background checks. The main purpose of this bill is to ensure that agencies and governmental entities can receive timely notifications if an individual affiliated with them, such as those providing care to children, the elderly, or people with disabilities, is arrested or convicted of an offense that would disqualify them from continuing their role. The legislation marks a significant advancement in safeguarding vulnerable populations through enhanced background checks.

Sentiment

General sentiment around SB1183 appears to be supportive, particularly among those invested in child and elderly welfare. Proponents argue that it introduces crucial measures that enhance community safety and accountability for organizations responsible for care. However, concerns have been raised around potential overreach, especially regarding privacy and the handling of sensitive information related to individuals who have committed offenses, emphasizing the need for careful regulation to protect individual rights.

Contention

Notable points of contention within SB1183 focus on the provisions surrounding the notification process and the associated fees. Critics argue that the imposition of an annual fee for maintaining each individual's records could create financial burdens for smaller organizations. Additionally, while the bill aims to improve safety, there are apprehensions concerning the potential misuse of data and the implications these notifications might have on individuals’ employment and personal lives, raising questions about the balance between public safety and individual privacy rights.

Companion Bills

VA HB1859

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

Similar Bills

VA HB1859

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

VA SB169

Virginia Rap Back Service; criminal history record monitoring.

VA HB444

Virginia Rap Back Service; criminal history record monitoring.

VA HB453

Kinship foster care; barrier crimes.

VA SB1219

Kinship foster care; barrier crimes, exception.

VA SB689

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

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