Criminal History Information

State (Virginia)
Virginia 2021 Special I

Firearms, certain; sale, etc., criminal history record information check delay increased to 5 days. [HB-2128]
Sale or transfer of firearms; criminal history record information check delay. Increases from three business days to five business days the time provided for the Department of State Police to complete a background check before a firearm may be transferred. If a dealer who has otherwise fulfilled all requirements is told by the State Police that a response will not be available by the end of the dealer's fifth business day, the dealer may complete the sale or transfer without being deemed in violation.

  

Sponsored by: Rep. Kathleen Murphy Governor: Acts Of Assembly Chapter Text (chap0031) on 02/25/2021

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State (Virginia)
Virginia 2021 Special I

Barrier Crimes and Criminal History Records Checks, Joint Subcommittee Studying; continued. [SJR-285]
Joint Subcommittee to Study Barrier Crimes and Criminal History Records Checks; Report. Continues the Joint Subcommittee to Study Barrier Crimes and Criminal History Records Checks for one additional year, through November 30, 2021.

  

Sponsored by: Sen. John Edwards Taken Up on 02/24/2021

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State (Virginia)
Virginia 2021 Special I

DBHDS; background checks, persons providing contractual services. [HB-2092]
Department of Behavioral Health and Developmental Services; background checks; persons providing contractual services. Requires background checks for contract staff providing direct care services for Department of Behavioral Health and Developmental Services' licensed services. The bill also sets out the barrier crimes for any person who provides contractual services directly to an individual receiving services on behalf of a licensed provider. Department of Behavioral Health and Developmental Services; background checks; persons providing contractual (continued...)

  

Sponsored by: Rep. Robert Bell Governor: Acts Of Assembly Chapter Text (chap0475) on 03/31/2021

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State (Virginia)
Virginia 2021 Special I

Higher educational institutions, public; admissions applications criminal history questions. [HB-1930]
Public institutions of higher education; admissions applications; criminal history. Prohibits each public institution of higher education, with the exception of the Virginia Military Institute and a law school of a public institution of higher education that is accredited by the American Bar Association, from (i) utilizing an institution-specific admissions application that contains questions about the criminal history of the applicant or (ii) denying admission to any applicant on the basis of any criminal history information provided by the applicant (continued...)

  

Sponsored by: Sen. Lamont Bagby Governor: Acts Of Assembly Chapter Text (chap0440) on 03/30/2021

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State (Virginia)
Virginia 2017 Regular Session

Firearm transactions; voluntary background checks, clarification of provisions. [HB-2372]
Firearm transactions; voluntary background checks; clarification. Clarifies the provisions that apply to voluntary background checks performed at a firearms show by translating the Latin term of art mutatis mutandis into English.

  

Sponsored by: Rep. Rocky Holcomb Stricken From Docket By Militia, Police And Public Safety By Voice Vote on 01/27/2017

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State (Virginia)
Virginia 2017 Regular Session

State agencies; criminal background checks for certain positions. [SB-1293]
Department of Human Resources Management; criminal background checks; state agency positions designated as sensitive; agencies to report to the Department. Requires each state agency to continue to record in the Personnel Management Information System (PMIS) positions that it has designated as sensitive to ensure that the Department of Human Resources Management has a list of all such positions. The bill clarifies who would be subject to a criminal background investigation in a sensitive position. The bill expands the definition of sensitive position (continued...)

  

Sponsored by: Sen. Ryan McDougle Governor: Acts Of Assembly Chapter Text (chap0431) on 03/13/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transfers; criminal history record information checks, penalty. [SB-1194]
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an (continued...)

  

Sponsored by: Sen. Jennifer McClellan Passed By Indefinitely In Courts Of Justice (12-y 3-n) on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transfers; criminal history record information checks required, penalty. [HB-2187]
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an (continued...)

  

Sponsored by: Sen. Jennifer Boysko Left In Militia, Police And Public Safety on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transfers; criminal history record information checks, penalty. [HB-2212]
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an (continued...)

  

Sponsored by: Rep. Kenneth Plum Left In Militia, Police And Public Safety on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

National Crime Prevention and Privacy Compact of 1998; criminal history record information. [HB-2066]
Criminal history record information; National Crime Prevention and Privacy Compact of 1998. Authorizes Virginia to become a signatory to the National Crime Prevention and Privacy Compact of 1998. The Compact allows member states to exchange criminal history records for noncriminal justice purposes according to the laws of the requesting state.

  

Sponsored by: Rep. Michael Mullin Governor: Acts Of Assembly Chapter Text (chap0319) on 03/13/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; criminal history record information check before transfer, penalties. [HB-1773]
Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on the prospective transferee before a vendor may transfer firearms at a gun show. A violation is a Class 6 felony. A definition of "vendor" is added. The bill also requires that the promoter of a firearms show post notice of the requirement for a criminal history record information check and provide vendors with access to licensed dealers who will conduct the criminal history record information check. (continued...)

  

Sponsored by: Rep. Vivian Watts Left In Militia, Police And Public Safety on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearms; administration of machine gun registry, nonresident concealed handgun permits. [SB-1049]
Firearms; administration of machine gun registry, Firearms; administration of machine gun registry, nonresident concealed handgun permits, and criminal history record checks. Requires any person registered to possess a machine gun to notify the Department of State Police (the Department) of a change of address within 30 days of such change. The bill reduces the number of photographs that an applicant for a nonresident concealed handgun permit must submit from two to one. The bill requires the form provided by the Department for a dealer to obtain (continued...)

  

Sponsored by: Sen. John Edwards Passed By Indefinitely In Finance (16-y 0-n) on 01/31/2017

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State (Virginia)
Virginia 2017 Regular Session

State agencies; criminal background checks for certain positions, annual report to DHRM. [HB-1634]
Department of Human Resources Management; criminal background checks; state agency positions designated as sensitive; agencies to report to the Department. Requires each state agency to create and annually update a list of the positions that it has designated as sensitive and submit the list to the Department of Human Resources Management by July 1 of each year. The bill clarifies who would be subject to a criminal background investigation in a sensitive position. The bill expands the definition of sensitive position to include those positions (i) (continued...)

  

Sponsored by: Rep. Richard Sullivan Stricken From Docket By General Laws By Voice Vote on 02/02/2017

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State (Virginia)
Virginia 2017 Regular Session

Child care providers; applicant criminal history background checks, penalty. [HB-1568]
Child care providers; criminal history background check; penalty. Requires the following individuals to undergo a fingerprint-based national criminal history background check: (i) applicants for employment by, employees of, applicants to serve as volunteers with, and volunteers with any licensed family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, or family day home approved by a family day system; (ii) applicants for licensure as a family day system, registration as a family day home, or (continued...)

  

Sponsored by: Rep. Christopher Peace Governor: Acts Of Assembly Chapter Text (chap0189) on 02/23/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transfers; penalties. [SB-915]
Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer. The bill exempts transfers to family members, to personal friends, by inheritance, by operation of law, or for a temporary purpose.

  

Sponsored by: Sen. John Edwards Passed By Indefinitely In Courts Of Justice (9-y 6-n) on 01/23/2017

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State (Virginia)
Virginia 2017 Regular Session

Child care providers; criminal history background check; penalty. [SB-897]
Child care providers; criminal history background check; penalty. Requires the following individuals to undergo a fingerprint-based national criminal history background check: (i) applicants for employment by, employees of, applicants to serve as volunteers with, and volunteers with any licensed family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, or family day home approved by a family day system; (ii) applicants for licensure as a family day system, registration as a family day home, or (continued...)

  

Sponsored by: Sen. Emmett Hanger Governor: Acts Of Assembly Chapter Text (chap0751) on 03/24/2017

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State (Virginia)
Virginia 2017 Regular Session

Background checks; exceptions, sponsored living and shared residential service providers. [HB-1491]
Background checks; exceptions; sponsored living and shared residential service providers. Allows a provider licensed by the Department of Behavioral Health and Developmental Services or a community services board to approve as a sponsored residential service provider or to permit to enter into a shared living arrangement persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2 if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position. (continued...)

  

Sponsored by: Rep. Patrick Hope Governor: Acts Of Assembly Chapter Text (chap0775) on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transactions; voluntary background checks, clarification of provisions. [SB-832]
Firearm transactions; voluntary background checks; clarification. Clarifies the provisions that apply to voluntary background checks performed at a firearms show by translating the Latin term of art mutatis mutandis into English.

  

Sponsored by: Sen. Bill DeSteph Passed By Indefinitely In Courts Of Justice With Letter (14-y 1-n) on 01/18/2017

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State (Virginia)
Virginia 2017 Regular Session

Taxicab services; regulation by localities, background checks. [SB-591]
Regulation of taxicab services by localities; background checks. Requires localities to adopt ordinances requiring that a criminal history background check be performed before an individual is authorized as a driver and at least once every two years thereafter. The background check shall require individuals to submit fingerprints and personal identifying information to be provided directly to the Central Criminal Records Exchange, which shall forward the results of the state and national records search to the local government or chief law-enforcement (continued...)

  

Sponsored by: Sen. Mark Obenshain Left In Transportation on 12/02/2016

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State (Virginia)
Virginia 2017 Regular Session

Medicaid nonemergency transportation providers; criminal history background checks. [HB-1021]
Medicaid nonemergency transportation providers; background checks. Requires every provider with whom the Department of Medical Assistance Services enters into a contract for the provision of nonemergency transportation services to individuals eligible for medical assistance to conduct national fingerprint-based criminal history background checks for every applicant hired for employment at the time of hiring and annually thereafter and establishes crimes conviction of which shall constitute a barrier to employment.

  

Sponsored by: Rep. Mark Sickles Left In Health, Welfare And Institutions on 12/01/2016

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