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ACT NO. 151

(S.200)

Public Safety; Fingerprinting and Criminal History Records

This act establishes procedures for fingerprinting and photographing those persons who are arrested, cited, or summoned for a crime, and creates a system of retention and destruction of such information. The procedures are dependent upon a number of factors including type of offense (misdemeanor, Rule 3 V.R.Cr.P. misdemeanor or felony) and the stage of prosecution. The Department of Public Safety is required to establish rules in accordance with the act.

The act also provides a system for access to criminal records for criminal justice agencies, persons conducting research and employers that work with vulnerable classes, such as children, the elderly and persons with disabilities. Post-secondary school employers will have limited access to criminal records for those employees who have access to student residential facilities.

The Agency of Human Services, in conjunction with the Department of Public Safety, is required to study the issue of providing employers that work with vulnerable classes improved, affordable access to criminal records, and must report its findings and recommendations to the General Assembly. The Agency of Commerce and Community Development is required to study the issue of employer access to criminal records, and must report its findings and recommendations to the General Assembly.

Effective Date: July 1, 2000