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2007 SESSION

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SB 1065 Sex Offender Registry; clarifies person convicted of registrable offense must register.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Sex Offender Registry; penalties. Clarifies that a person convicted of attempt or conspiracy to commit a registerable offense must register. The bill makes a first offense (currently a second offense) of production, publication, sale, possession with intent to distribute, and financing of sexually explicit visual material involving children a sexually violent offense. Federal convictions for sex trafficking are added as sexually violent offenses. Persons required to register will have to provide palm prints and vehicle registration information for any vehicle they own. Failure to reregister in person within three days following any change in vehicle registration information will be a Class 6 felony.

Persons who do not have a continuing duty to register for life must petition the court in order to be relieved of the duty to register. In addition to the current requirement that a petition may not be filed for 10 years after initial registration or a conviction for failure to register, the bill adds that a person may not file a petition for 10 years after conviction of any felony, and that a petition may not be filed until all court-ordered treatment, counseling, and restitution is completed. The court must obtain a copy of the petitioner's complete criminal history and registration history and the Commonwealth must be made a party to the action.

SUMMARY AS PASSED SENATE:

Sex Offender Registry; penalties. Clarifies that a person convicted of attempt or conspiracy to commit a registerable offense must register. The bill elevates carnal knowledge of a child 13 years of age but less than 15 years of age, which is currently a registerable offense, to a sexually violent offense. The bill makes a first offense (currently a second offense) of production, publication, sale, possession with intent to distribute, and financing of sexually explicit visual material involving children a sexually violent offense. Federal convictions for sex trafficking, abusive sexual contact, and sexual abuse are added as sexually violent offenses. Persons required to register will have to provide palm prints and vehicle registration information for any vehicle they own. Failure to reregister in person within three days following any change in vehicle registration information will be a Class 6 felony.

Persons who do not have a continuing duty to register for life must petition the court in order to be relieved of the duty to register. In addition to the current requirement that a petition may not be filed for 10 years after initial registration or a conviction for failure to register, the bill adds that a person may not file a petition for 10 years after conviction of any felony, and that a petition may not be filed until all court-ordered treatment, counseling, and restitution is completed. The court must obtain a copy of the petitioner's complete criminal history and registration history and the Commonwealth must be made a party to the action.

SUMMARY AS INTRODUCED:

Sex Offender Registry; penalty.  Clarifies that a person convicted of attempt or conspiracy to commit a registerable offense must register. The bill elevates carnal knowledge of a child 13 years of age but less than 15 years of age, which is currently a registerable offense, to a sexually violent offense and makes pandering, which is currently not a registerable offense, a sexually violent offense. The bill makes a first offense (currently a second offense) of production, publication, sale, possession with intent to distribute, and financing of sexually explicit visual material involving children a sexually violent offense. Federal convictions for sex trafficking, abusive sexual contact, and sexual abuse are added as sexually violent offenses.  Persons required to register will have to provide palm prints and vehicle registration information for any vehicle they own or operate.  Failure to reregister in person within three days following any change in owned or operated vehicle registration information will be a Class 6 felony.

Persons who do not have a continuing duty to register for life must petition the court in order to be relieved of the duty to register. In addition to the current requirement that a petition may not be filed for 10 years after initial registration or a conviction for failure to register, the bill adds that a person may not file a petition for 10 years after conviction of any felony, and that a petition may not be filed until all court-ordered treatment, counseling, and restitution is completed. The court must obtain a copy of the petitioner's complete criminal history and registration history and the Commonwealth must be made a party to the action.  The bill has an emergency clause.