                                 CODE OF VIRGINIA

NATIONAL CRIMINAL BACKGROUND CHECKS BY BUSINESSES AND ORGANIZATIONS REGARDING
EMPLOYEES OR VOLUNTEERS PROVIDING CARE TO CHILDREN OR THE ELDERLY OR DISABLED
(§ 19.2-392.02)

A. For purposes of this section:
			&#8220;Barrier crime&#8221; means (i) a felony violation of &#xA7;
16.1-253.2; any violation of &#xA7; 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2,
18.2-33, 18.2-35, 18.2-36, 18.2-36.1, 18.2-36.2, 18.2-41, or 18.2-42; any felony
violation of &#xA7; 18.2-46.2, 18.2-46.3, 18.2-46.3:1, or 18.2-46.3:3; any
violation of &#xA7; 18.2-46.5, 18.2-46.6, or 18.2-46.7; any violation of
subsection A or B of &#xA7; 18.2-47; any violation of &#xA7; 18.2-48, 18.2-49,
or 18.2-50.3; any violation of &#xA7; 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3,
18.2-51.4, 18.2-51.5, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1,
18.2-54.1, 18.2-54.2, 18.2-55, 18.2-55.1, 18.2-56, 18.2-56.1, 18.2-56.2,
18.2-57, 18.2-57.01, 18.2-57.02, 18.2-57.2, 18.2-58, 18.2-58.1, 18.2-59,
18.2-60, or 18.2-60.1; any felony violation of &#xA7; 18.2-60.3 or 18.2-60.4;
any violation of &#xA7; 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1,
18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5,
18.2-67.5:1, 18.2-67.5:2, 18.2-67.5:3, 18.2-77, 18.2-79, 18.2-80, 18.2-81,
18.2-82, 18.2-83, 18.2-84, 18.2-85, 18.2-86, 18.2-87, 18.2-87.1, or 18.2-88; any
felony violation of &#xA7; 18.2-279, 18.2-280, 18.2-281, 18.2-282, 18.2-282.1,
18.2-286.1, or 18.2-287.2; any violation of &#xA7; 18.2-289, 18.2-290, 18.2-300,
18.2-308.4, or 18.2-314; any felony violation of &#xA7; 18.2-346.01, 18.2-348,
or 18.2-349; any violation of &#xA7; 18.2-355, 18.2-356, 18.2-357, or
18.2-357.1; any violation of subsection B of &#xA7; 18.2-361; any violation of
&#xA7; 18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-370.2, 18.2-370.3,
18.2-370.4, 18.2-370.5, 18.2-370.6, 18.2-371.1, 18.2-374.1, 18.2-374.1:1,
18.2-374.3, 18.2-374.4, 18.2-379, 18.2-386.1, or 18.2-386.2; any felony
violation of &#xA7; 18.2-405 or 18.2-406; any violation of &#xA7; 18.2-408,
18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, 18.2-433.2,
18.2-472.1, 18.2-474.1, 18.2-477, 18.2-477.1, 18.2-477.2, 18.2-478, 18.2-479,
18.2-480, 18.2-481, 18.2-484, 18.2-485, 37.2-917, or 53.1-203; or any
substantially similar offense under the laws of another jurisdiction; (ii) any
violation of &#xA7; 18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or 18.2-94 or
any substantially similar offense under the laws of another jurisdiction; (iii)
any felony violation of &#xA7; 4.1-1101, 18.2-248, 18.2-248.01, 18.2-248.02,
18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255,
18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, or 18.2-258.2 or any
substantially similar offense under the laws of another jurisdiction; (iv) any
felony violation of &#xA7; 18.2-250 or any substantially similar offense under
the laws of another jurisdiction; (v) any offense set forth in &#xA7; 9.1-902
that results in the person&#8217;s requirement to register with the Sex Offender
and Crimes Against Minors Registry pursuant to &#xA7; 9.1-901, including any
finding that a person is not guilty by reason of insanity in accordance with
Chapter 11.1 (&#xA7; 19.2-182.2 et seq.) of Title 19.2 of an offense set forth
in &#xA7; 9.1-902 that results in the person&#8217;s requirement to register
with the Sex Offender and Crimes Against Minors Registry pursuant to &#xA7;
9.1-901; any substantially similar offense under the laws of another
jurisdiction; or any offense for which registration in a sex offender and crimes
against minors registry is required under the laws of the jurisdiction where the
offender was convicted; or (vi) any other felony not included in clause (i),
(ii), (iii), (iv), or (v) unless five years have elapsed from the date of the
conviction.
			&#8220;Barrier crime information&#8221; means the following facts concerning
a person who has been arrested for, or has been convicted of, a barrier crime,
regardless of whether the person was a juvenile or adult at the time of the
arrest or conviction: full name, race, sex, date of birth, height, weight,
fingerprints, a brief description of the barrier crime or offenses for which the
person has been arrested or has been convicted, the disposition of the charge,
and any other information that may be useful in identifying persons arrested for
or convicted of a barrier crime.
			&#8220;Care&#8221; means the provision of care, treatment, education,
training, instruction, supervision, or recreation to children or the elderly or
disabled.
			&#8220;Department&#8221; means the Department of State Police.
			&#8220;Employed by&#8221; means any person who is employed by, volunteers
for, seeks to be employed by, or seeks to volunteer for a qualified entity.
			&#8220;Identification document&#8221; means a document made or issued by or
under the authority of the United States government, a state, a political
subdivision of a state, a foreign government, political subdivision of a foreign
government, an international governmental or an international quasi-governmental
organization that, when completed with information concerning a particular
individual, is of a type intended or commonly accepted for the purpose of
identification of individuals.
			&#8220;Provider&#8221; means a person who (i) is employed by a qualified
entity and has, seeks to have, or may have unsupervised access to a child or to
an elderly or disabled person to whom the qualified entity provides care; (ii)
is a volunteer of a qualified entity and has, seeks to have, or may have
unsupervised access to a child to whom the qualified entity provides care; or
(iii) owns, operates, or seeks to own or operate a qualified entity.
			&#8220;Qualified entity&#8221; means a business or organization that provides
care to children or the elderly or disabled, whether governmental, private, for
profit, nonprofit, or voluntary, except organizations exempt pursuant to
subdivision A 7 of &#xA7; 22.1-289.030.

B. A qualified entity may request the Department of State Police to conduct a
national criminal background check on any provider who is employed by such
entity. No qualified entity may request a national criminal background check on
a provider until such provider has:

   1. Been fingerprinted; and

   2. Completed and signed a statement, furnished by the entity, that includes
   (i) his name, address, and date of birth as it appears on a valid
   identification document; (ii) a disclosure of whether or not the provider has
   ever been convicted of or is the subject of pending charges for a criminal
   offense within or outside the Commonwealth, and if the provider has been
   convicted of a crime, a description of the crime and the particulars of the
   conviction; (iii) a notice to the provider that the entity may request a
   background check; (iv) a notice to the provider that he is entitled to obtain
   a copy of any background check report, to challenge the accuracy and
   completeness of any information contained in any such report, and to obtain a
   prompt determination as to the validity of such challenge before a final
   determination is made by the Department; and (v) a notice to the provider that
   prior to the completion of the background check the qualified entity may
   choose to deny the provider unsupervised access to children or the elderly or
   disabled for whom the qualified entity provides care.

C. Upon receipt of (i) a qualified entity&#8217;s written request to conduct a
background check on a provider, (ii) the provider&#8217;s fingerprints, and
(iii) a completed, signed statement as described in subsection B, the Department
shall make a determination whether the provider has been convicted of or is the
subject of charges of a barrier crime. To conduct its determination regarding
the provider&#8217;s barrier crime information, the Department shall access the
national criminal history background check system, which is maintained by the
Federal Bureau of Investigation and is based on fingerprints and other methods
of identification, and shall access the Central Criminal Records Exchange
maintained by the Department. If the Department receives a background report
lacking disposition data, the Department shall conduct research in whatever
state and local recordkeeping systems are available in order to obtain complete
data. The Department shall make reasonable efforts to respond to a qualified
entity&#8217;s inquiry within 15 business days.

D. Any background check conducted pursuant to this section for a provider
employed by a private entity shall be screened by the Department of State
Police. If the provider has been convicted of or is under indictment for a
barrier crime, the qualified entity shall be notified that the provider is not
qualified to work or volunteer in a position that involves unsupervised access
to children or the elderly or disabled.

E. Any background check conducted pursuant to this section for a provider
employed by a governmental entity shall be provided to that entity.

F. In the case of a provider who desires to volunteer at a qualified entity and
who is subject to a national criminal background check, the Department and the
Federal Bureau of Investigation may each charge the provider the lesser of $18
or the actual cost to the entity of the background check conducted with the
fingerprints.

G. The failure to request a criminal background check pursuant to subsection B
shall not be considered negligence per se in any civil action.

HISTORY: 2000, c. 860; 2005, c. 217; 2015, cc. 758, 770; 2017, c. 809; 2018, cc.
9, 810; 2019, c. 617; 2020, cc. 860, 861; 2021, Sp. Sess. I, cc. 188, 550, 551.