Virginia 2025 Regular Session

Virginia Senate Bill SB1193

Introduced
1/8/25  
Refer
1/8/25  
Report Pass
1/29/25  
Engrossed
2/3/25  
Engrossed
2/3/25  
Refer
2/6/25  
Report Pass
2/10/25  
Enrolled
2/18/25  
Chaptered
3/24/25  

Caption

Criminal history record information; dissemination of record information.

Impact

The implications of SB1193 extend to how employers and agencies access and utilize criminal history records for screenings. Under the proposed legislation, unauthorized dissemination of arrest records is prohibited after one year unless there is active prosecution, thereby providing a safeguard against discrimination based on outdated information. This amendment aims to enhance the balance between public safety and individual rights, particularly in employment settings where background checks are commonplace. The shift is expected to impact various sectors, including education and social services, where criminal history can be significant in hiring decisions.

Summary

SB1193 aims to amend the Code of Virginia by regulating the dissemination of criminal history record information. It specifies the entities that can receive such information, including authorized criminal justice agencies, certain state and federal agencies, and individuals involved in employment screening. The bill is motivated by a need to maintain confidentiality and ensure that sensitive information regarding individuals' criminal histories is handled responsibly, particularly in employment contexts. Notably, the bill allows for collective dissemination of criminal history information to the Virginia Parole Board, aimed at enhancing efficiency in parole determinations.

Sentiment

The sentiment surrounding SB1193 appears mixed. Proponents argue that the bill protects individual privacy and prevents discrimination based on outdated criminal records, promoting fairness in the hiring process. They believe it aligns with modern practices of rehabilitation and second chances. Conversely, some opponents express concern over potential obstacles this may create for employers who rely on comprehensive background checks to ensure safety in workplaces. The juxtaposition of public safety interests against individual rights creates a complex debate among lawmakers and stakeholders.

Contention

Significant points of contention arise from the bill's provisions on the limitations placed on the dissemination of criminal history records. Critics argue that restrictions on providing information about arrests could impede thorough employment background checks, particularly in fields sensitive to criminal conduct. There is fear that such limitations could result in unsafe environments if employers are unable to fully assess potential employees. Advocates for the bill counter that personalized assessments, rather than blanket policies based on past arrests, create better opportunities for reintegration into society.

Companion Bills

No companion bills found.

Similar Bills

VA HB1627

Criminal history record information; dissemination of record information.

VA HB2314

Discovery; allows accused to copy or photograph any materials or evidence, etc.

VA HB2723

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

VA SB1466

Criminal records; expungement and sealing of records, repeals Sealing Fee Fund.

VA HB2198

Prescribed pediatric extended care centers; licensure, regulation.