SB 649 — Juvenile law-enforcement records; disclosures to school principals.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E542 An Act to amend and reenact § 16.1-301 of the Code of Virginia, relating to juvenile law-enforcement records;

R O [S 649] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:

E § 16.1-301.

disclosures to school princDpalprincipal andA.and others.

A.

The police departments of the cities of the Commonwealth, and the police departments or sheriffs of the counties of the Commonwealth, as the case may be, shall keep separate records as to violations of law committed by juveniles other than violations of motor vehicle laws committed bybyto juveniles.

Such records with respect to such juvenile shall not be open to public inspection nor their contents disclosed to the public unless a juvenile 14 years of age or older is charged with a vBolentviolent juvenile felony as specified in subsections B and C of § 16.1-269.1.

4B. designee may shall disclose, for the protection of the juvenile, his fellow students and schoolEpersonnel, to the school principal that a juvenile is a suspect in or has been charged with or may disclose when a juvenile is a suspect in (i) a violent juvenile felony, as specified in subsections B and C of § 16.1-269.1;

Notwithstanding any other provision of law, the chief of police or sheriff of a jurisdiction or his designee may shall disclose, for the protection of the juvenile, his fellow students and school personnel, to the school principal that a juvenile is a suspect in or has been charged with or may disclose when a juvenile is a suspect in (i) a violent juvenile felony, as specified in subsections B and C of § 16.1-269.1;

If a chief of police, or sheriff or a designee has disclosed to a school principal pursuant to this section that a juvenile is a suspect in or has been charged with a crime listed above as specified in clauses (i) through (iv), upon a court disposition of a proceeding regarding such crime in which a juvenile is adjudicated delinquent, convicted, found not guilty or the charges are reduced, the chief of police, or sheriff or a designee shall, within 15 days of the expiration of the appeal period, if there is no notice of appeal, provide notice of the disposition ordered by the court to the school principal to whom disclosure was made.

In addition to any other disclosure that is permitted by this subsection, the principal in his discretion may provide such information to a threat assessment team established by the local school division.

No member of a threatsuchthreat assessment team shall (a) disclose any juvenile record information obtained pursuant to this section or (b) use such information for any purpose other than evaluating threats to students and school personnel.

currently2. committed, and those responsible for his supervision after release;which the juvenile is 3.

The officers of public and nongovernmental institutions or agencies to which the juvenile is currently committed, and those responsible for his supervision after release;

3.

The probation and other professional staff of a court in which the juvenile is subsequently convicted of a criminal offense for the purpose of a presentence report or other dispositional proceedings, or by officials of penal institutions and other penal facilities to which he is committed, or by 6.a parole board in considering his parole or discharge or in exercising supervision over him;

6.

and of 2 7.

The police departments of the cities and towns and the police departments or sheriffs of the of 2 counties may release, upon request to one another and to state and federal law-enforcement agencies, and to law-enforcement agencies in other states, current information on juvenile arrests.