Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020        

Public employment; limitations on inquiries by state agencies and localities regarding arrests.

Prohibits state agencies and localities from including on any employment application a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. A prospective employee may not be asked if he has ever been arrested or charged with or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for employment with law-enforcement agencies or positions related to law-enforcement agencies. The prohibition also does not apply to applications for state agency positions designated as sensitive or to state agencies that are expressly permitted to inquire into an individual's criminal arrests or charges for employment purposes pursuant to any provision of federal or state law.

Date Version PDF TXT
01/28/2020 House: Committee substitute printed 20106614D-H1 Open
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20101284D Open

            

2020 SESSION

    20106614D
    HOUSE BILL NO. 757
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the House Committee on General Laws
    on January 28, 2020)
    (Patrons Prior to Substitute--Delegates Aird and Davis [HB 140])
    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.

    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, (ii) positions for employment by the local school board, (iii) sensitive positions, or (iv) any employment-related applications or questionnaires provided during or after a staff interview. For purposes of this subsection, "sensitive positions" shall include those positions:

    1. Responsible for the health, safety, and welfare of citizens or the protection of critical infrastructure;

    2. That have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and

    3. That are otherwise required by state or federal law to be designated as sensitive.

    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.

    Picture Name From Date Type
    Lashrecse D. Aird D-Richmond Sponsor
    Ibraheem S. Samirah D-Richmond Cosponsor
    Marcia S. (Cia) Price D-Richmond Cosponsor
    Delores L. McQuinn D-Richmond Cosponsor
    Clinton L. Jenkins D-Richmond Cosponsor
    C. E. (Cliff) Hayes D-Richmond Cosponsor
    Glenn R. Davis R-Richmond Cosponsor
    Jeffrey M. Bourne D-Richmond Cosponsor
    Lamont Bagby D-Richmond Cosponsor
    Alex Q. Askew D-Richmond Cosponsor
    1 to 12 of 10 Desc 12
    Date Branch Action
    01/28/2020 House House: Committee substitute printed 20106614D-H1
    01/28/2020 House House: Incorporates HB140 (Davis)
    01/28/2020 House House: Reported from General Laws with substitute (16-Y 6-N)
    01/23/2020 House House: Subcommittee recommends reporting with substitute (5-Y 2-N)
    01/15/2020 House House: Assigned GL sub: Professions/Occupations and Adminstrative Process
    01/07/2020 House House: Prefiled and ordered printed; offered 01/08/20 20101284D
    01/07/2020 House House: Referred to Committee on General Laws
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    House 1/28/2020 12:00:00 AM 17 7 0
    House 1/15/2020 12:00:00 AM 5 3 0
    Wiki
    Date Bill Major Title
    Committee Name
    Subject Type