2006 Code of Virginia § 52-46 - Applicant Fingerprint Database; maintenance; dissemination; penalty

52-46. Applicant Fingerprint Database; maintenance; dissemination; penalty.

A. The Department of State Police shall keep and maintain an ApplicantFingerprint Database separate and apart from all other records maintained bythe Department. The purpose of the database shall be to allow those agenciesand entities who require a criminal background check as a condition oflicensure, certification, employment, or volunteer service to be advised whenan individual subject to such screening is arrested for, or convicted of, acriminal offense which would disqualify that individual from licensure,certification, employment or volunteer service with that entity.

B. As used in this section:

"Participating entity" means an agency or organization that requires afingerprint background check as a condition of licensure, certification,employment, or volunteer service, and that has elected to participate in thedatabase.

"Individual" means any person who has submitted fingerprints to aparticipating entity in order to be licensed, certified, employed, or toperform volunteer service with that entity.

C. The Department of State Police shall notify forthwith the participatingentity that employs, certifies, licenses, or accepts the volunteer servicesof an individual whose prints are maintained in the database upon receipt ofa report that the individual has been arrested for or convicted of an offensethat would disqualify that individual from licensure, certification,employment or volunteer service with that entity. The information containedin the notification shall be used by the entity for purposes of determiningthe eligibility of the continued service of the individual and shall not befurther disseminated.

D. Use of the information contained in the database or received from thedatabase for purposes not authorized by this section is prohibited, and awillful violation of this section with the intent to harass or intimidateanother shall be punished as a Class 1 misdemeanor.

E. No liability shall be imposed upon any law-enforcement official whodisseminates information or fails to disseminate information in good faithcompliance with the requirements of this section, but this provision shallnot be construed to grant immunity for gross negligence or willful misconduct.

F. The Department of State Police shall promulgate regulations governing theoperation and maintenance of the database and the expungement of records onpersons who are deceased, or who are no longer employed, licensed, certified,or in volunteer service for the entity that submitted the fingerprints.

G. The Department of State Police may charge an annual fee not to exceed $10per individual entered into the database. The fee shall be paid no later thanJuly 15 of each year by the participating entity or entities submittingfingerprints to the database or by the entity or entities requestingnotification regarding an individual. An individual whose licensure,certification, employment, or volunteer service moves from one entity toanother need not be reprinted. When more than one participating entitylicenses, certifies, employs, or accepts the volunteer services of anindividual in the database, both entities shall be responsible for paying thefull cost for maintenance and notification. Any fees collected shall bedeposited in a special account to be used to offset the costs of enhancingand administering the database.

H. The Department of State Police shall make the database available no laterthan January 1, 2005, unless funds necessary to develop and operate thedatabase are unavailable.

I. No entity authorized to submit fingerprints shall be considered negligentper se in a civil action solely because the entity elected not to submit anindividual's fingerprints to the database pursuant to this section.

(2004, c. 826.)