2023 Regular SessionVirginia Legislature

HB1704: Arrests, certain, and convictions of certain individuals; reports to division safety officials.

Legislative Summary

Public elementary and secondary schools; reports of certain arrests and convictions; receipt, report, and compilation. Requires each division superintendent to annually designate an employee in the local school division as the division safety official whose duty is to receive all reports required to be made pursuant to relevant law from (i) every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony upon arresting a person who is known or discovered by the arresting official to be a full-time, part-time, permanent, or temporary teacher or any other employee in such local school division for a felony or a Class 1 misdemeanor or an equivalent offense in another state and (ii) the clerk of any circuit court or any district court in the Commonwealth upon the felony conviction of any person known by such clerk to be employed by such local school division. Public elementary and secondary schools; reports of certain arrests and convictions; receipt, report, and compilation. Requires each division superintendent to annually designate an employee in the local school division as the division safety official whose duty is to receive all reports required to be made pursuant to relevant law from (i) every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony upon arresting a person who is known or discovered by the arresting official to be a full-time, part-time, permanent, or temporary teacher or any other employee in such local school division for a felony or a Class 1 misdemeanor or an equivalent offense in another state and (ii) the clerk of any circuit court or any district court in the Commonwealth upon the felony conviction of any person known by such clerk to be employed by such local school division. The bill requires each division superintendent to include such division safety official designation in the collated packet of school safety audits submitted to the Virginia Center for School and Campus Safety pursuant to relevant law and requires the Center to designate an employee of the Center as the school personnel safety official for the Commonwealth whose duty is to compile, maintain, and make publicly available a list of each such division safety official. The bill requires such designation to include updated contact information for the division safety official and requires such safety official to at least annually confirm with each division superintendent that such contact information is up to date and accurate. The bill also provides that a probation and parole officer who is supervising a person employed by a local school division in the Commonwealth shall, upon discovering that such supervised person has been arrested or convicted of a felony offense or an equivalent offense in another state, report such arrest or conviction to the Superintendent of Public Instruction and the designated division safety official in the local school division where such supervised person is employed as soon as practicable. The bill requires any such report to be transmitted via certified mail to the mailing address identified by the division superintendent or via fax and email to the fax number and email address identified by the division superintendent, pursuant to the applicable provisions of the bill. Finally, the bill requires, until July 1, 2027, that all such arresting officials or agencies request in writing that the Virginia Employment Commission provide the name of the current employer of each arrested person for purposes of determining whether such notice is required.

Bill History

1/9/2023
Prefiled and ordered printed; offered 01/11/23 23100367D
House of Delegates
1/9/2023
Referred to Committee on Education
House of Delegates
1/23/2023
Assigned Education sub: K-12
House of Delegates
1/24/2023
Subcommittee recommends reporting with amendments (8-Y 0-N)
House of Delegates
1/25/2023
Reported from Education with amendment(s) (22-Y 0-N)
House of Delegates
1/27/2023
Read first time
House of Delegates
1/30/2023
Read second time
House of Delegates
1/30/2023
Committee amendments agreed to
House of Delegates
1/30/2023
Engrossed by House as amended HB1704E
House of Delegates
1/30/2023
Printed as engrossed 23100367D-E
House of Delegates
1/31/2023
Read third time and passed House BLOCK VOTE (99-Y 0-N)
House of Delegates
1/31/2023
VOTE: (99-Y 0-N)
House of Delegates
2/1/2023
Constitutional reading dispensed
Senate
2/1/2023
Referred to Committee on Education and Health
Senate
2/9/2023
Reported from Education and Health with substitute (15-Y 0-N)
Senate
2/9/2023
Committee substitute printed 23106552D-S1
Senate
2/10/2023
Constitutional reading dispensed (39-Y 0-N)
Senate
2/13/2023
Read third time
Senate
2/13/2023
Reading of substitute waived
Senate
2/13/2023
Committee substitute agreed to 23106552D-S1
Senate
2/13/2023
Engrossed by Senate - committee substitute HB1704S1
Senate
2/13/2023
Passed Senate with substitute (40-Y 0-N)
Senate
2/15/2023
Senate substitute rejected by House 23106552D-S1 (0-Y 98-N)
House of Delegates
2/15/2023
VOTE: REJECTED (0-Y 98-N)
House of Delegates
2/17/2023
Senate insisted on substitute (38-Y 0-N)
Senate
2/17/2023
Senate requested conference committee
Senate
2/20/2023
Placed on Calendar
House of Delegates
2/20/2023
House acceded to request
House of Delegates
2/21/2023
Conferees appointed by Senate
Senate
2/21/2023
Senators: Hashmi, Surovell, Cosgrove
Senate
2/21/2023
Conferees appointed by House
House of Delegates
2/21/2023
Delegates: Bell, Wyatt, Maldonado
House of Delegates
2/25/2023
Passed by temporarily
Senate
2/25/2023
Conference: Amended by conference committee
2/25/2023
Conference substitute printed 23107559D-H1
House of Delegates
2/25/2023
Conference report agreed to by Senate (40-Y 0-N)
Senate
2/25/2023
Conference report agreed to by House (95-Y 0-N)
House of Delegates
2/25/2023
VOTE: Adoption (95-Y 0-N)
House of Delegates
3/7/2023
Enrolled
House of Delegates
3/7/2023
Bill text as passed House and Senate (HB1704ER)
House of Delegates
3/8/2023
Signed by Speaker
House of Delegates
3/8/2023
Signed by President
Senate
3/13/2023
Enrolled Bill communicated to Governor on March 13, 2023
House of Delegates
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/22/2023
Governor: Approved by Governor-Chapter 282 (effective 7/1/23)
3/22/2023
Governor: Acts of Assembly Chapter text (CHAP0282)

Amendments

Conference amendments

Conference amendments

2/25/2023Not Adopted

Substitute for HB1704 for S-Education and Health

Substitute for HB1704 for S-Education and Health

2/9/2023Not Adopted

House committee amendments reported

House committee amendments reported

1/25/2023Not Adopted

Amendment(s) for HB1704 Education, K-12

Amendment(s) for HB1704 Education, K-12

1/24/2023Not Adopted

Roll Call Votes

House: VOTE: Adoption (95-Y 0-N)
2/25/2023
95
Yea
0
Nay
0
Not Voting
5
Absent
Result: PASSED
Senate: Conference report agreed to by Senate (40-Y 0-N)
2/25/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Senate insisted on substitute (38-Y 0-N)
2/17/2023
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
House: VOTE: REJECTED (0-Y 98-N)
2/15/2023
0
Yea
98
Nay
0
Not Voting
2
Absent
Result: FAILED
Senate: Passed Senate (40-Y 0-N)
2/13/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Constitutional reading dispensed (39-Y 0-N)
2/10/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Reported from Education and Health with substitute (15-Y 0-N)
2/9/2023
15
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: (99-Y 0-N)
1/31/2023
99
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Education with amendment(s) (22-Y 0-N)
1/25/2023
22
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with amendments (8-Y 0-N)
1/24/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/22/2023)
Chamber
House of Delegates
Sine DiePrior Session

Documents

Chaptered
Bill Text3/22/202329.8 KB
Enrolled
Bill Text3/7/202329.8 KB
Conference Sub
Bill Text2/25/202330.0 KB
Comm Sub
Bill Text2/9/202323.1 KB
Engrossed
Bill Text1/30/202322.7 KB
Prefiled
Bill Text1/9/202322.7 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/7/202359.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/14/202359.0 KB