SB 577 — Children's residential facilities; criminal history background checks.
Last action — Enacted, Chapter 729 (effective 4/27/22)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 11 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Children's residential facilities; criminal history background checks. Allows a person who is required to undergo a background check as a condition of employment at a children's residential facility to be employed by the children's residential facility pending the results of the check of the central registry of child abuse and neglect records maintained by the Department of Social Services, provided that (i) the person has received qualifying results on the fingerprint-based criminal history background check, (ii) the person does not work in the children's residential facility or any other location where children placed in such facility are present, and (iii) such employment is permitted under federal law and regulations. This bill incorporates SB 728.
Bill Text
What changed in the latest version
73 added · 75 removedPlain-language change summary
The amendments to Bill SB 577 clarify the requirements for background checks at children's residential facilities in Virginia. Notably, the updated version specifies that background checks must include fingerprinting and the submission of personal information to the FBI for criminal history checks. It also emphasizes the rights of individuals to review and challenge their background check results before their eligibility for working with children is determined. These changes are important as they enhance the safety of children in these facilities by ensuring thorough vetting of staff, volunteers, and service providers.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 729R An Act to amend and reenact § 37.2-408.1 of the Code of Virginia, relating to criminal history E background checks;
E N [S 577] Approved AprilR 27,O 20221. Be it enacted by the General Assembly of Virginia:
1.
L A.
Notwithstanding the provisions of § 37.2-416, as a condition of employment, volunteering or providing services on a regular basis, every children's residential facility that is regulated orEr operated by the Department shall require any person who (i) accepts a position of employment at such a facility, (ii) is currently employed by such a facility, (iii) volunteers for such a facility, or (iv) providesprovideD contractual descriptiveservices information,directly to bea forwardedjuvenile alongfor withsuch thea person'sfacility fingerprintsto throughsubmit theto Centralrsonalfingerprinting and to provide personal Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the person.
The person shall provide the children's residential facility with a written statement or affirmation disclosing whetherShether he has ever been convicted of or is the subject of pending charges for any offense within or outsideoutsi5e the Commonwealth.permitting a person to work in the children's residential facility.must be received prior to 7 The Central Criminal Records Exchange, upon receipt of a person's record or notification that no record exists, shall forward it to the state agency that operates or regulates the children's residential facility with which the person is affiliated.
The results of the criminal history background check must be received prior to permitting a person to work in the children's residential facility.
The Central Criminal Records Exchange, upon receipt of a person's record or notification that no record exists, shall forward it to the state agency that operates or regulates the children's residential facility with which the person is affiliated.
Except as otherwise provided in subsection B, no children's residential facility regulated or operated by the Department shall hire for compensated employment or allow to volunteer or provide contractual services persons who have been convicted of or are the subject of pending charges for (a) any offense set forth in clause (i), (ii), (iii), or (v) of the definition of barrier crime in § 19.2-392.02 or (b) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (1) in the five years prior to the application date for employment, to be a volunteer, or to provide contractual services or (2) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02.
The provisions of this section also shall apply to structured residential programs, excluding secure detention facilities, established pursuant to § 16.1-309.3 for juvenile offenders cited in a complaint for intake or in a petition before the court that alleges the juvenile is delinquent or in need of services or supervision.
Notwithstanding the provisions of subsection A, a children's residential facility may hire for compensated employment or for volunteer or contractual service purposes persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed such offense in the scope of his employment, volunteer, or contractual services.serIf the person is denied employment, or the opportunity to volunteer or provide services, at a children's residential facility because of information appearing on his criminal history record, and the person disputes the information upon which the denial was based, upon written request of the person the state agency shall furnish the person the procedures for obtaining his criminal history record from the Federal Bureau of Investigation.
If the person is denied employment, or the opportunity to volunteer or provide services, at a children's residential facility because of information appearing on his criminal history record, and the person disputes the information upon which the denial was based, upon written request of the person the state agency shall furnish the person the procedures for obtaining his criminal history record from the Federal Bureau of Investigation.
Those persons listed in clauses (i) through (iv) of subsection A also shall authorize the children's residential facility to obtain a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on him.
The person shall provide the children's residential facility with a written statement or affirmation disclosing whether he has ever of 2 been the subject of a founded case of child abuse or neglect within or outside the Commonwealth.
The children's residential facility shall receive the results of the central registry search prior to permitting a of 2 person to work.
View plain text versions (6)
- SB577ER2 View text pdf April 27, 2022
- CHAP0729 View text Current pdf April 27, 2022
- SB577ER View text pdf March 10, 2022
- Committee Substitute Committee substitute printed 22107291D-H1 pdf March 01, 2022
- Committee Substitute Committee substitute printed 22104924D-S1 pdf January 28, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22103996D pdf January 12, 2022
Action History
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Enacted, Chapter 729 (effective 4/27/22)
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB577ER2)
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Reenrolled
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Governor's recommendation adopted
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Emergency clause added by Governor's recommendation
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VOTE: Adoption (100-Y 0-N)
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House concurred in Governor's recommendation BLOCK VOTE (100-Y 0-N)
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Senate concurred in Governor's recommendation (40-Y 0-N)
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Governor's recommendation received by Senate
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Impact statement from DPB (SB577ER)
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Enrolled
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Title replaced 22107291D-H1
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House substitute agreed to by Senate (39-Y 0-N)
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Impact statement from DPB (SB577H1)
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House with substitute BLOCK VOTE (99-Y 0-N)
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Engrossed by House - committee substitute SB577H1
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Committee substitute agreed to 22107291D-H1
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Read third time
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Read second time
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Committee substitute printed 22107291D-H1
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Reported from Health, Welfare and Institutions with substitute (22-Y 0-N)
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Subcommittee recommends reporting with substitute (6-Y 0-N)
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Assigned HWI sub: Subcommittee #3
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Referred to Committee on Health, Welfare and Institutions
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Read first time
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Placed on Calendar
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB577S1
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Committee substitute agreed to 22104924D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (38-Y 0-N)
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Reported from Finance and Appropriations (16-Y 0-N)
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Impact statement from DPB (SB577S1)
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Rereferred to Finance and Appropriations
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Incorporates SB728 (Ruff)
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Committee substitute printed 22104924D-S1
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Reported from Rehabilitation and Social Services with substitute (14-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on Rehabilitation and Social Services
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Prefiled and ordered printed; offered 01/12/22 22103996D
Sponsors
- Ruff, Frank M., Jr. · Cosponsor
- T. Montgomery "Monty" Mason · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on
Sponsors (1)
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| March, Marie E. | — | Yea |
| Adams, Dawn M. | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mike A. Cherry | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Phillip A. Scott | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Total | 16 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Morrissey, Joseph D. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Yea |
Subjects
Frequently asked questions
- What does SB 577 do?
- Children's residential facilities; criminal history background checks. Allows a person who is required to undergo a background check as a condition of employment at a children's residential facility to be employed by the children's residential facility pending the results of the check of the central registry of child abuse and neglect records maintained by the Department of Social Services, provided that (i) the person has received qualifying results on the fingerprint-based criminal history background check, (ii) the person does not work in the children's residential facility or any other location where children placed in such facility are present, and (iii) such employment is permitted under federal law and regulations. This bill incorporates SB 728.
- Who sponsors SB 577?
- SB 577 is sponsored by Ruff, Frank M., Jr. and Mason, T. Montgomery "Monty".
- What is the current status of SB 577?
- This bill has been enacted into law. Introduced January 12, 2022. Enacted.
- Where can I track SB 577?
- Track SB 577 free on One Click Politics — get push/email alerts when it moves.
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