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2007 SESSION
077779120Be it enacted by the General Assembly of Virginia:
1. That §§ 9.1-901, 9.1-902, 9.1-903, 9.1-908, 9.1-910, and 18.2-63 of the Code of Virginia are amended and reenacted as follows:
§ 9.1-901. Persons for whom registration required.
A. Every person convicted on or after July 1, 1994, including
a juvenile tried and convicted in the circuit court pursuant to § 16.1-269.1,
whether sentenced as an adult or juvenile, of an offense set forth in § 9.1-902
and every juvenile found delinquent of an offense for which registration is
required under subsection C G of §
9.1-902 shall register and reregister as required by this chapter. Every person
serving a sentence of confinement on or after July 1, 1994, for a conviction of
an offense set forth in § 9.1-902 shall register and reregister as required by
this chapter. Every person under community supervision as defined by § 53.1-1
or any similar form of supervision under the laws of the United States or any
political subdivision thereof, on or after July 1, 1994, resulting from a
conviction of an offense set forth in § 9.1-902 shall register and reregister
as required by this chapter.
B. AllUnless a specific
effective date is otherwise provided, all provisions of the Sex
Offender and Crimes Against Minors Registry Act shall apply retroactively except
as provided under subsection C of § 9.1-902. This subsection is
declaratory of existing law.
§ 9.1-902. Offenses requiring registration.
A. For purposes of this chapter:
"Offense for which registration is required" meansincludes:
1. Any offense listed in Subsection B;
2. Criminal homicide;
3. Murder; and
4. A sexually violent offense.
B. The offenses included under this subsection include any violation of, attempted violation of, or conspiracy to violate:
1. A violation or attempted violation Subsection
B of § 18.2-63, § 18.2-64.1,
former § 18.2-67.2:1, § 18.2-90 with the intent to commit rape, §
18.2-374.1or subsection D of § 18.2-374.1:1; or a third or
subsequent conviction of (i) § 18.2-67.4, (ii) subsection C of § 18.2-67.5 or
(iii) § 18.2-386.1;
If the offense was committed on or after July 1, 2006, (i) a
violation or attempted violation of § 18.2-91 with the intent to
commit any felony offense listed in this section; (ii) a violation or
attempted violation of subsection A of § 18.2-374.1:1; or (iii) a
felony violationunder § 18.2-67.5:1.
2. Clause (iv) of subsection B of § 18.2-374.3 or where the
victim is a minor or is physically helpless or mentally incapacitated as
defined in § 18.2-67.10, a violation or attempted violation of subsection
A of § 18.2-47, clause (i) or (iii) of § 18.2-48, § 18.2-67.4, subsection C of
§ 18.2-67.5, § 18.2-361, or 18.2-366;.
3. A violation of
Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code;
4. A "sexually
violent offense";
5. "Murder";
or
6. C. "Criminal
homicide" means a homicide in
conjunction with a violation of, attempted violation
of, or conspiracy to violate clause (i) of § 18.2-371 or §
18.2-371.1, when the offenses arise out of the same incident.
D. "Murder" means a violation of, attempted violation of, or conspiracy to violate § 18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.
E. "Sexually
violent offense" means a violation or of,
attempted violation of, or conspiracy to
violate:
1. Clause (ii) of § 18.2-48, § 18.2-61, subsection A of § 18.2-63, §18.2-67.1, §18.2-67.2,
§18.2-67.3, § 18.2-67.4 where the
perpetrator is 18 years of age or older and the victim is under the age of six,
subsections A and B of § 18.2-67.5, §18.2-355, § 18.2-368,
§ 18.2-370, or §18.2-370.1 or
§ 18.2-374.1; or
2. SectionsSubsection B of §
18.2-63, § 18.2-64.1,
former § 18.2-67.2:1, § 18.2-90 with the intent to commit rape or, where the
victim is a minor or is physically helpless or mentally incapacitated as defined
in § 18.2-67.10, a violation or attempted violation of subsection
A of § 18.2-47, § 18.2-67.4, subsection C of § 18.2-67.5, clause (i) or (iii)
of § 18.2-48, § 18.2-361, or § 18.2-366
or 18.2-374.1. An offense listed under
this subdivision shall be deemed a sexually violent offense only if the person
has been convicted or adjudicated delinquent of any two or more such offenses,
provided that person had been at liberty between such convictions or
adjudications; or
3. If the offense was committed on or after July 1, 2006, a
violation or attempted violation of § 18.2-91 with the intent to
commit any felony offense listed in this section. An offense listed under this
subdivision shall be deemed a sexually violent offense only if the person has
been convicted or adjudicated delinquent of any two or more such offenses,
provided that the person had been at liberty between such convictions or
adjudications; or
4. Chapter 117 (18 U.S.C. § 2421 et seq.) of Title 18 of the United States Code, sex trafficking (as described in § 1591 of Title 18, U.S.C.), abusive sexual contact (as described in § 2244 of Title 18 U.S.C.) or aggravated sexual abuse or sexual abuse (as described in §§ 2241 and 2241 of Title 18, U.S.C.).
BF.
"Offense for which registration is required" and "sexually
violent offense" shall also include includes any
similar offense under the laws of (i) any foreign country or any political
subdivision thereof, (ii) the United States or any political subdivision
thereof and any offense for which registration in a sex offender and crimes
against minors registry is required under the laws of the jurisdiction where
the offender was convicted.
CG.
Juveniles adjudicated delinquent shall not be required to register; however,
where the offender is a juvenile over the age of 13 at the time of the offense
who is tried as a juvenile and is adjudicated delinquent on or after July 1,
2005, of any offense enumerated in subdivisions
A 1 through A 4 on or after July 1,
2005for which registration is required,
the court may, in its discretion and upon motion of the attorney for the
Commonwealth, find that the circumstances of the offense require offender
registration. In making its determination, the court shall consider all of the
following factors that are relevant to the case: (i) the degree to which the
delinquent act was committed with the use of force, threat or intimidation,
(ii) the age and maturity of the complaining witness, (iii) the age and
maturity of the offender, (iv) the difference in the ages of the complaining
witness and the offender, (v) the nature of the relationship between the
complaining witness and the offender, (vi) the offender's prior criminal
history, and (vii) any other aggravating or mitigating factors relevant to the
case.
§ 9.1-903. Registration procedures.
A. Every person convicted, including juveniles tried and
convicted in the circuit courts pursuant to § 16.1-269.1, whether sentenced as
an adult or juvenile, of an offense for which registration is required and
every juvenile found delinquent of an offense for which registration is
required under subsection CG of §
9.1-902 shall be required upon conviction to register and reregister with the
Department of State Police. The court shall order the person to provide to the
local law-enforcement agency of the county or city where he physically resides
all information required by the State Police for inclusion in the Registry. The
court shall immediately remand the person to the custody of the local
law-enforcement agency for the purpose of obtaining the person's fingerprints
and photographs of a type and kind specified by the State Police for inclusion
in the Registry. Upon conviction, the local law-enforcement agency shall
forthwith forward to the State Police all the necessary registration information.
B. Every person required to register shall register in person
within three days of his release from confinement in a state, local or juvenile
correctional facility, in a state civil commitment program for sexually violent
predators or, if a sentence of confinement is not imposed, within three days of
suspension of the sentence or in the case of a juvenile of disposition. A
person required to register shall register, and as part of the
registration shall submit to be photographed as part of the registration,
and submit to have a sample of his
blood, saliva, or tissue taken for DNA (deoxyribonucleic acid) analysis to
determine identification characteristics specific to the person, and
submit to have his fingerprints and palm
prints taken, provide information regarding his place
of employment, and provide vehicle
registration information for all vehicles owned or operated by him.
The local law-enforcement agency shall obtain from the person who presents
himself for registration or reregistration one set of fingerprints, one
set of palm prints, place of employment information, vehicle
registration information for all vehicles owned or operated by the registrant, proof
of residency and a photograph of a type and kind specified by the State Police
for inclusion in the Registry and advise the person of his duties regarding
reregistration. The local law-enforcement agency shall obtain from the person
who presents himself for registration a sample of his blood, saliva or tissue
taken for DNA (deoxyribonucleic acid) analysis to determine identification
characteristics specific to the person. If a sample has been previously taken
from the person, as indicated by the Local Inmate Data System (LIDS), no
additional sample shall be taken. The local law-enforcement agency shall
forthwith forward to the State Police all necessary registration information.
C. To establish proof of residence in Virginia, a person shall present one photo-identification form issued by a governmental agency of the Commonwealth which contains the person's complete name, gender, date of birth and complete physical address. The local law-enforcement agency shall forthwith forward to the State Police copy of the identification presented by the person required to register.
D. Any person required to register shall also reregister in
person with the local law-enforcement agency following any change of name or
any change of residence, whether within or without the
Commonwealth. If his new residence is within the Commonwealth, the person shall
register in person with the local law-enforcement agency where his new
residence is located within three days following his change in residence. If
the new residence is located outside of the Commonwealth, the person shall
register in person with the local law-enforcement agency where he previously
registered within 10 days prior to his change of residence. If a probation or
parole officer becomes aware of a change of name or residence
for any of his probationers or parolees required to register, the probation or
parole officer shall notify the State Police forthwith of learning of the
change of residence.
Whenever a person subject to registration changes residence to another state,
the State Police shall notify the designated law-enforcement agency of that
state.
E. Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of the place of employment, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of the place of employment for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's place of employment. Whenever a person subject to registration changes his place of employment to another state, the State Police shall notify the designated law-enforcement agency of that state.
F. Any person required to register shall reregister in person with the local law-enforcement agency where his residence is located within three days following any change of owned or operated vehicle registration information, whether within or without the Commonwealth. If a probation or parole officer becomes aware of a change of owned or operated vehicle registration information for any of his probationers or parolees required to register, the probation or parole officer shall notify the State Police forthwith upon learning of the change of the person's owned or operated vehicle registration information. Whenever a person required to register changes his owned or operated vehicle registration information to another state, the State Police shall notify the designated law-enforcement agency of that state.
G. The registration shall be maintained in the Registry and shall include the person's name, all aliases that he has used or under which he may have been known, the date and locality of the conviction for which registration is required, his fingerprints and a photograph of a type and kind specified by the State Police, his date of birth, social security number, current physical and mailing address and a description of the offense or offenses for which he was convicted. The registration shall also include the locality of the conviction and a description of the offense or offenses for previous convictions for the offenses set forth in § 9.1-902.
GH. The
local law-enforcement agency shall forthwith forward to the State Police all
necessary registration or reregistration information received by it. Upon
receipt of registration or reregistration information the State Police shall
forthwith notify the chief law-enforcement officer of the locality listed as
the person's address on the registration and reregistration.
§ 9.1-908. Duration of registration requirement.
Any person required to register or reregister shall be
required to register for a period of 10 years from the date of initial
registration or for a period of 10 years from the date of his last conviction
for a violation of § 18.2-472.1, whichever is longeruntil
the duty to register and reregister is terminated by a court order as set forth
in § 9.1-910, except that any person who has been convicted of (i)
any sexually violent offense, (ii) murder or (iii) former § 18.2-67.2:1 shall
have a continuing duty to reregister for life.
Any period of confinement in a federal, state or local correctional facility, hospital or any other institution or facility during the otherwise applicable 10-year period shall toll the registration period and the duty to reregister shall be extended. Persons confined in a federal, state, or local correctional facility shall not be required to reregister until released from custody.
§ 9.1-910. Removal of name and information from Registry.
A. Any person required to register, other than a person who has been convicted of any (i) sexually violent offense, (ii) two or more offenses for which registration is required, (iii) a violation of former § 18.2-67.2:1, or (iv) murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. A petition may not be filed earlier than 10 years after the date of initial registration nor earlier than 10 years from the date of his last conviction for (i) a violation of § 18.2-472.1 or (ii) any felony. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. The court shall obtain a copy of the petitioner's complete criminal history and registration and reregistration history form the Registry and then hold a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The Commonwealth shall be made a party to any action under this section. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry.
B. The State Police shall remove from the Registry the name of
any person and all identifying information upon receipt of an order granting a
petition pursuant to subsection A or
at the end of the period for which the person is required to register under §
9.1-908.
§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.
A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.
However, if suchB. If
any person carnally knows, without the use of force, a child is thirteen
years of age or older but under fifteen years of age andwho
consents to sexual intercourse and the accused is a minor and such consenting
child is three years or more the accused's junior, the accused shall be guilty
of a Class 6 felony. If such consenting child is less than three years the
accused's junior, the accused shall be guilty of a Class 4 misdemeanor.
In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used.
C. For the purposes of this section,
(i) a child under the age of thirteen years shall not be considered a
consenting child and (ii) "carnal knowledge" includes the acts of
sexual intercourse, cunnilingus, fellatio, anallingusanilingus,
anal intercourse, and animate and inanimate object sexual penetration.
2. That an emergency exists and this act is in force from its passage.
3. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.