HB 2313 — Criminal history record information; dissemination.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E42 An Act to amend and reenact § 19.2-389 of the Code of Virginia, relating to criminal history record information;

R O [H 2313] Approved LMarch L17, 2023 Be it enacted by the General Assembly of Virginia:

E § 19.2-389.

DA. intermediary, only to:

Criminal history record information shall be disseminated, whether directly or through an 1.intermediary, only to:

Authorized1. officers or employees of criminal justice agencies, as defined by § 9.1-101, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, 4, and 6 of § 53.1-136 shall include collective dissemination by electronic means every 30 dHys.

ForAuthorized purposesofficers ofor thisemployees subdivision,of criminal historyjustice recordagencies, informationas includesdefined informationby sent§ to9.1-101, 2hefor Centralpurposes orof part-timethe employeeadministration of thecriminal Statejustice Police,and athe policescreening departmentof oran sheriff'semployment officeapplication thator isdissemination ato partthe ofVirginia orParole administeredBoard, bypursuant theto Commonwealththis orsubdivision, anyof politicalsuch subdivisioninformation thereof,on andallnd whostate-responsible isinmates responsible for the preventionpurpose and detection of crimemaking andparole thedeterminations enforcementpursuant ofto thesubdivisions penal,1, traffic2, or3, highway4, lawsand 6 of the§ Commonwealth53.1-136 forshall theinclude purposescollective ofdissemination theby administrationelectronic ofmeans criminalevery justice;30 days.

For purposes of this subdivision, criminal history record information includes information sent to the Central Criminal Records Exchange pursuant to §§ 37.2-819 and 64.2-2014 when disseminated to any full-time or part-time employee of the State Police, a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth for the purposes of the administration of criminal justice;

Such other individuals and agencies that require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending;

Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;

to research, evaluative, or statistical purposes, and ensure the confidentiality and 5.

Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with aita is conviction record would be compatible with the nature of the employment, permit, or license under consideration;

compact8. to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual's household, with whom the agency is considering placing a child or of 5 from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law;

Public or private agencies when authorized or required by federal or state law or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual's household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that of 5 the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law;

The Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual's fitness for employment pursuant to of 5 departmental instructions;

Pursuant to § 22.1-296.3, the governing boards or administrators of private elementary oEor secondary schools which are accredited pursuant to § 22.1-19 or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written N agreement with the Department of State Police;

Rof 5 24.

Public institutions of higher education and nonprofit private institutions of higher education for the25.the purpose of screening individuals who are offered or accept employment;

25.

however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an Endividualindividual beyond the purpose that such disclosure was made to the threat assessment team;

Executive directors of community services boards or the personnel director serving the D community services board for the purpose of determining an individual's fitness for employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the community services board to serve in a direct care position on behalf of theonthe community services board pursuant to §§ 37.2-506 and 37.2-607;

Executive directors of behavioral health authorities as defined in § 37.2-600 for the purpose of determining an individual's fitness for employment, approval as a sponsored residential serviceHprovider,service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the behavioral health au3horityauthority to serve in a direct care position on behalf of the behavioral health authority pursuant to §§ 37.3-50637.2-506 and 37.2-607;

R 28.

The Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the nam29.name, address, demographics and social security number of the data subject shall be released;

29.

The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§ 46.2-2000 et seq.) and 21 (§ 46.2-2100 et seq.) of Title 46.2;

to the provisions of Chapters 20 31.

The Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Vio34.Violent Predators Act (§ 37.2-900 et seq.);

34.

Public agencies when and as required by federal or state law to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination, subject to limitations set out in subsection G;ressG; requirement of 37.

The37. Department of Medical Assistance Services, or its designee, for the purpose of screening of 5 individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services;

The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services;

Notwithstanding any other provision of law, if an application is denied based in whole or in of 5 part on information obtained from the Central Criminal Records Exchange pursuant to Chapter 16, 19, or 26 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee;

Inquiries of the Exchange shall be made prior to any dissemination except in those cases of 5 where time is of the essence and the normal response time of the Exchange would exceed the necessary time period.

A criminal justice agency to whom a request has been made for the dissemination ofEof criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination.

Dissemination of information regarding offenses not required to be reported to the Exchange shaRlshall be madE.made by the criminal justice agency maintaining the record as required by § 15.2-1722.

CriminalE. history information provided to licensed nursing homes, hospitals and to home caOe organizations pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1.

LCriminal F.history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1.

CriminalF. history information provided to licensed assisted living facilities and licensedLadult day for any offense specified in § 63.2-1720.

Criminal history information provided to licensed assisted living facilities and licensed adult day care centers pursuant to subdivision A 16 shall be limited to the convictions on file with the Exchange G.of 5 for any offense specified in § 63.2-1720.