HB 140

            
2020 SESSION

20101346D

HOUSE BILL NO. 140


Offered January 8, 2020


Prefiled December 18, 2019

A BILL to amend the Code of Virginia by adding sections 
 numbered 2.2-2812.1 and 15.2-1505.3, relating to public employment; limitations 
 on inquiries by state agencies and localities regarding criminal arrests, 
 charges, or convictions.
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Patron-- Davis

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Referred to Committee on General Laws

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding sections 
 numbered 2.2-2812.1 and 15.2-1505.3 as follows:
 
 
� 2.2-2812.1. State 
 agencies prohibited from inquiring about arrests, charges, or convictions on employment 
 applications; exceptions.
 
 
A. As used in this 
 section:
 
 
"Conviction" 
 means any adjudication that an individual committed a crime, any finding of 
 guilt after a criminal trial by a court of competent jurisdiction, or any plea 
 of guilty or nolo contendere to a criminal charge.
 
 
"Staff 
 interview" means any interview of a prospective employee for a job by 
 current state agency staff.
 
 
"State 
 agency" means any authority, board, department, instrumentality, 
 institution, agency, or other unit of state government.
 
 
B. No state agency 
 shall request a prospective employee to complete an application for employment that 
 includes a question inquiring whether the prospective employee has ever been 
 arrested for, charged with, or 
 convicted of any crime. This prohibition shall 
 not apply to any employment-related applications or questionnaires provided 
 during or after a staff interview.
 
 
C. No state agency 
 shall inquire whether a prospective employee has ever been arrested for, 
 charged with, or convicted of any 
 crime unless the inquiry takes place during or after a staff interview of the 
 prospective employee.
 
 
D. Nothing in this 
 section shall prevent a state agency from considering information received 
 during or after a staff interview pertaining to a prospective employee having 
 been arrested for, 
 charged with, or convicted of any 
 crime.
 
 
E. The prohibition in 
 this section shall not apply to positions designated as sensitive pursuant to � 
 2.2-1201.1, to law-enforcement agency positions or positions related to 
 law-enforcement agencies, or to state agencies that are expressly permitted to 
 inquire into an individuals criminal arrests or charges for employment 
 purposes pursuant to any provision of federal or state law.
 
 
� 15.2-1505.3. 
 Localities prohibited from inquiring about arrests, charges, or convictions on 
 employment applications; exceptions.
 
 
A. As used in this 
 section, "conviction" means any adjudication that an individual 
 committed a crime, any finding of guilt after a criminal trial by a court of 
 competent jurisdiction, or any plea of guilty or nolo contendere to a criminal 
 charge.
 
 
B. No locality shall 
 request a prospective employee to complete an application for employment that 
 includes a question inquiring whether the prospective employee has ever been 
 arrested for, 
 charged with, or convicted of any 
 crime. This prohibition shall not apply to (i) law-enforcement agency positions 
 or positions related to law-enforcement agencies or (ii) any employment-related 
 applications or questionnaires provided during or after a staff interview.
 
 
C. No locality shall 
 inquire whether a prospective employee has ever been arrested 
 for, or charged with, or convicted of any crime 
 unless the inquiry takes place during or after a staff interview of the 
 prospective employee.
 
 
D. 
 Nothing in this section shall prevent a locality from considering information 
 received during or after a staff interview pertaining to a prospective employee 
 having been arrested for, 
 charged with, or convicted of any crime.