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2004 SESSION
Be 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 shall
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 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)
fourteen 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 60 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, 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.