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2007 SESSION
070022776Be it enacted by the General Assembly of Virginia:
1. That § 9.1-126 of the Code of Virginia is amended and reenacted as follows:
§ 9.1-126. Application and construction of article.
A. This article shall apply to original or copied criminal history record information, maintained by a criminal justice agency of (i) the Commonwealth or its political subdivisions and (ii) the United States or another state or its political subdivisions which exchange such information with an agency covered in clause (i), but only to the extent of that exchange.
B. The provisions of this article shall not apply to original
or copied (i) records of entry, such as police blotters, maintained by a
criminal justice agency on a chronological basis and permitted to be made
public, if such records are not indexed or accessible by name, (ii) court
records of public criminal proceedings, including opinions and published
compilations thereof, (iii) records of traffic offenses disseminated to or
maintained by the Department of Motor Vehicles for the purpose of regulating
the issuance, suspension, revocation, or renewal of drivers' or other
operators' licenses, (iv) statistical or analytical records or reports in which
individuals are not identified and from which their identities cannot be
ascertained, (v) announcements of executive clemency, pardons, or removals of
political disabilities, (vi) posters, announcements, or lists for identifying
or apprehending fugitives or wanted persons, (vii) criminal justice
intelligence information, or (viii) criminal justice investigative information.
Except as provided in § [ § ] 15.2-1722, [ 16.1-299,
and 19.2-390, ] nothing contained in this article shall be
construed as requiring any criminal justice agency to collect, maintain, or
update criminal history record information, as defined in § 9.1-101, when such
information is already available [ on the case management
system accessible through the Internet website of the Supreme Court of
Virginia. and readily accessible from another criminal
justice agency. ]
C. Nothing contained in this article shall be construed as
prohibiting a criminal justice agency from disclosing to the public factual
information concerning the status of an investigation, the apprehension,
arrest, release, or prosecution of an individual, the adjudication of charges,
or the correctional status of an individual, which is related to the offense
for which the individual is currently within the criminal justice system. [ Before
making any disclosure to the public of criminal history record information, a
criminal justice agency shall verify the accuracy of the information to be
disclosed via the case management system accessed through the Internet website
of the Supreme Court of Virginia, if the information is available thereon.
]