SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
024549500Be it enacted by the General Assembly of Virginia:
1. That § 16.1-299 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-299. Fingerprints and photographs of juveniles.
A. All duly constituted police authorities having the power of arrest may take fingerprints and photographs of any juvenile who is taken into custody and charged with a delinquent act an arrest for which, if committed by an adult, is required to be reported to the Central Criminal Records Exchange pursuant to subsection A of § 19.2-390. Whenever fingerprints are taken, they shall be maintained separately from adult records and a copy shall be filed with the juvenile court on forms provided by the Central Criminal Records Exchange. However, all duly constituted police authorities having the power of arrest shall take fingerprints and photographs of any juvenile fourteen years of age or older charged with a "violent juvenile felony" as defined in § 16.1-228.
B. If a juvenile (i) of any age is adjudicated delinquent or found guilty of
any offense which that would be a felony if committed by an adult or any other
offense for which a report to the Central Criminal Records Exchange is required
by subsection C of § 19.2-390 if the offense were committed by an adult or (ii)
of any age is found guilty of a misdemeanor or has a charge dismissed pursuant
to a deferred disposition, after being charged originally with an offense that
would be a felony if committed by an adult or any other offense for which a
report to the Central Criminal Records Exchange is required by subsection C of
§ 19.2-390 if the offense were committed by an adult or (iii) fourteen
years of age or older is charged with a "violent juvenile felony" as
defined in § 16.1-228, or a crime ancillary thereto, copies of his fingerprints
and a report of the disposition shall be forwarded to the Central Criminal Records
Exchange and to the jurisdiction making the arrest by the clerk of the court which
heard the case.
C. If a petition or warrant is not filed against a juvenile whose fingerprints
or photographs have been taken in connection with an alleged violation of law,
the fingerprint card, all copies of the fingerprints and all photographs shall
be destroyed sixty days after fingerprints were taken. If a juvenile charged
with a delinquent act other than a violent juvenile felony or a crime ancillary
thereto is found not guilty other than by reason of a dismissal pursuant to a
deferred finding, or if a juvenile under fourteen is charged with a delinquent
act which otherwise would be a violent juvenile felony or a crime ancillary thereto,
or in any other case resulting in a disposition for which fingerprints
are not required to be forwarded to the Central Criminal Records Exchange, the
court shall order that the fingerprint card, all copies of the fingerprints and
all photographs be destroyed within six months of the date of disposition of
the case.