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2005 SESSION
059229808Be it enacted by the General Assembly of Virginia:
1. That § 16.1-309.1 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-309.1. Exception as to confidentiality.
A. Notwithstanding any other provision of this article, where consideration of public interest requires, the judge shall make available to the public the name and address of a juvenile and the nature of the offense for which a juvenile has been adjudicated delinquent (i) for an act which would be a Class 1, 2 or 3 felony, forcible rape, robbery or burglary or a related offense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2 if committed by an adult or (ii) in any case where a juvenile is sentenced as an adult in circuit court.
B. 1. At any time prior to disposition, if a juvenile, charged
with a delinquent act which would be forcible rape, robbery, burglary or a
related offense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of
Title 18.2 or a Class 1, 2 or 3 felony if committed by an adult, becomes a
fugitive from justice through flight or escape, the attorney for the
Commonwealth or, upon notice to the Commonwealth's attorney, the Department of
Juvenile Justice or a locally operated court services unit, may petition the
court having jurisdiction of the offense to authorize public release of the
juvenile's name, age, physical description and photograph, the charge for which
he is sought or for which he was adjudicated and any other information which
may expedite his apprehension. Upon a showing that the juvenile is a
fugitive and for good cause, the court shall order release of this information
to the public.
2. After final disposition, if a juvenile (i) found to have
committed a delinquent act which would be forcible rape, robbery, burglary
or a related offense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5
of Title 18.2 or a Class 1, 2 or 3 felony if committed by an adult becomes
a fugitive from justice or (ii) who has been committed to the Department of
Juvenile Justice pursuant to subdivision A 14 of § 16.1-278.8 or § 16.1-285.1
becomes a fugitive from justice by escaping from a facility operated by or
under contract with the Department or from the custody of any employee of such
facility, the Department may release to the public the juvenile's name, age,
physical description and photograph, the charge for which he is sought or for
which he was committed, and any other information which may expedite his
apprehension. The Department shall promptly notify the attorney for the
Commonwealth of the jurisdiction in which the juvenile was tried whenever information
is released pursuant to this subdivision. If a juvenile specified in clause (i)
being held after disposition in a secure facility not operated by or under
contract with the Department becomes a fugitive by such escape, the attorney
for the Commonwealth of the locality in which the facility is located may
release the information as provided in this subdivision.
C. Whenever a juvenile fourteen 14 years of age
or older is charged with a delinquent act that would be a criminal violation of
Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2, a felony involving a
weapon, a felony violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of
Title 18.2, or an "act of violence" as defined in subsection A of §
19.2-297.1 if committed by an adult, the judge may, where consideration of the
public interest requires, make the juvenile's name and address available to the
public.
D. Upon the request of a victim of a delinquent act which would be a felony if committed by an adult, the court may order that such victim be informed of the charge or charges brought, the findings of the court, and the disposition of the case. For purposes of this section, "victim" shall be defined as in § 19.2-11.01.
E. Upon request, the judge or clerk may disclose if an order of emancipation of a juvenile pursuant to § 16.1-333 has been entered, provided (i) the order is not being appealed, (ii) the order has not been terminated, or (iii) there has not been a judicial determination that the order is void ab initio.
F. Notwithstanding any other provision of law, a copy of any court order that imposes a curfew or other restriction on a juvenile may be provided to the chief law-enforcement officer of the county or city wherein the juvenile resides. The chief law-enforcement officer shall only disclose information contained in the court order to other law-enforcement officers in the conduct of official duties.