                                 CODE OF VIRGINIA

VIRGINIA RAP BACK SERVICE; CRIMINAL HISTORY RECORD MONITORING; MAINTENANCE;
DISSEMINATION; PENALTY (§ 52-46)

A. The Department of State Police, through the Virginia Record of Arrest and
Prosecution (Rap) Back Service, shall participate in the Federal Bureau of
Investigation&#8217;s (FBI) Next Generation Identification (NGI) Rap Back
Service. The purpose of the Virginia Rap Back Service shall be to allow
governmental entities that require a fingerprint-based criminal background check
as a condition of (i) providing care to (a) children, (b) the disabled, or (c)
the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d)
volunteer service to be advised when an individual subject to such screening is
the subject of a Rap Back notification event including being arrested for, or
convicted of, a criminal offense. The Department is authorized to submit
fingerprints and accompanying records to the FBI to be retained in the
FBI&#8217;s NGI Rap Back Service. Fingerprints submitted to the FBI may be used
for future searches, including latent searches.

B. As used in this section:
			&#8220;Individual&#8221; means any person who has submitted to a
fingerprint-based background check in order to (i) care for (a) children, (b)
the disabled, or (c) the elderly or (ii) (a) be licensed, (b) be certified, (c)
be employed, or (d) perform volunteer service with a participating entity and
who has been enrolled by that participating entity in the Virginia Rap Back
Service.
			&#8220;Participating entity&#8221; means a governmental entity that requires
a fingerprint-based background check as a condition of (i) caring for (a)
children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b)
certification, (c) employment, or (d) volunteer service and that has elected to
enroll individuals in the Virginia Rap Back Service.

C. The Department of State Police shall ensure that notification is made
forthwith to the participating entity that enrolls an individual in the Virginia
Rap Back Service when an FBI Rap Back notification is received. The information
contained in the notification shall be used by the participating entity for
purposes of determining the eligibility of the continued service of the
individual and shall not be further disseminated.

D. Use of the information submitted to the Virginia Rap Back Service for
purposes not authorized by this section is prohibited, and a willful violation
of this section with the intent to harass or intimidate another shall be
punished as a Class 1 misdemeanor.

E. No liability shall be imposed upon any law-enforcement official who
disseminates information or fails to disseminate information in good faith
compliance with the requirements of this section, but this provision shall not
be construed to grant immunity for gross negligence or willful misconduct.

F. The Department of State Police shall promulgate regulations governing the
operation and maintenance of the Virginia Rap Back Service and the removal and
destruction of records on individuals who are deceased or who are no longer
individuals as defined in this section. Such regulations shall provide that a
participating entity shall disenroll any individual who is deceased or is no
longer an individual as defined in this section within five business days of
death or such event that no longer requires such individual to be enrolled in
the Virginia Rap Back Service, in order to ensure the prompt removal and
destruction of records from the Virginia Rap Back Service.

G. The Department of State Police may charge an annual fee not to exceed $12 per
individual enrolled in the Virginia Rap Back Service. The fee shall be paid by
any participating entity enrolling an individual in the Virginia Rap Back
Service. When more than one participating entity enrolls the same individual in
the Virginia Rap Back Service, both participating entities shall be responsible
for paying the full cost for maintenance and notification. Any fees collected
shall be deposited in a special account to be used to offset the costs of
subscription fees, maintenance fees, and enhancements related to the Criminal
and Rap Back Information System.

H. The Department of State Police shall make the Virginia Rap Back Service
available no later than July 1, 2025, unless funds necessary to develop and
operate the Virginia Rap Back Service are unavailable.

I. No participating entity authorized to submit fingerprints shall be considered
negligent per se in a civil action solely because the entity elected not to
enroll an individual in the Virginia Rap Back Service pursuant to this section.

HISTORY: 2004, c. 826; 2017, c. 524; 2023, cc. 40, 41; 2024, cc. 41, 117.