State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-17 > 15-2-1709

§ 15.2-1709. Employer immunity from liability; disclosure of informationregarding former deputy sheriffs and law-enforcement officers.

Any sheriff or chief of police, the director or chief executive of any agencyor department employing deputy sheriffs or law-enforcement officers asdefined § 9.1-101, or jail officers as defined in § 53.1-1, and the Directorof the Department of Criminal Justice Services or his designee who disclosesinformation about a former deputy sheriff's or law-enforcement officer's orjail officer's job performance to a prospective law-enforcement or jailemployer of the former appointee or employee is presumed to be acting in goodfaith and, unless lack of good faith is shown by clear and convincingevidence, is immune from civil liability for such disclosure or itsconsequences. For purposes of this section, the presumption of good faith isrebutted upon a showing that the information disclosed by the former employerwas knowingly false or deliberately misleading, was rendered with maliciouspurpose, or violated any civil right of the former employee or appointee.

(1994, cc. 850, 905, § 15.1-131.8:4; 1995, c. 112; 1997, c. 587.)

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-17 > 15-2-1709

§ 15.2-1709. Employer immunity from liability; disclosure of informationregarding former deputy sheriffs and law-enforcement officers.

Any sheriff or chief of police, the director or chief executive of any agencyor department employing deputy sheriffs or law-enforcement officers asdefined § 9.1-101, or jail officers as defined in § 53.1-1, and the Directorof the Department of Criminal Justice Services or his designee who disclosesinformation about a former deputy sheriff's or law-enforcement officer's orjail officer's job performance to a prospective law-enforcement or jailemployer of the former appointee or employee is presumed to be acting in goodfaith and, unless lack of good faith is shown by clear and convincingevidence, is immune from civil liability for such disclosure or itsconsequences. For purposes of this section, the presumption of good faith isrebutted upon a showing that the information disclosed by the former employerwas knowingly false or deliberately misleading, was rendered with maliciouspurpose, or violated any civil right of the former employee or appointee.

(1994, cc. 850, 905, § 15.1-131.8:4; 1995, c. 112; 1997, c. 587.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-17 > 15-2-1709

§ 15.2-1709. Employer immunity from liability; disclosure of informationregarding former deputy sheriffs and law-enforcement officers.

Any sheriff or chief of police, the director or chief executive of any agencyor department employing deputy sheriffs or law-enforcement officers asdefined § 9.1-101, or jail officers as defined in § 53.1-1, and the Directorof the Department of Criminal Justice Services or his designee who disclosesinformation about a former deputy sheriff's or law-enforcement officer's orjail officer's job performance to a prospective law-enforcement or jailemployer of the former appointee or employee is presumed to be acting in goodfaith and, unless lack of good faith is shown by clear and convincingevidence, is immune from civil liability for such disclosure or itsconsequences. For purposes of this section, the presumption of good faith isrebutted upon a showing that the information disclosed by the former employerwas knowingly false or deliberately misleading, was rendered with maliciouspurpose, or violated any civil right of the former employee or appointee.

(1994, cc. 850, 905, § 15.1-131.8:4; 1995, c. 112; 1997, c. 587.)