SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2010 SESSION

  • | print version

HB 1198 Sex Offender and Crimes Against Minors Registry; Department to give notice to committed respondent.

Introduced by: Salvatore R. Iaquinto | all patrons    ...    notes | add to my profiles

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)

Sex offenders; registration requirements. Provides that prior to entering judgment of conviction of an offense for which registration is required if the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court shall determine by a preponderance of the evidence, whether the victim of the offense was a minor, physically helpless or mentally incapacitated. If it is determined that the victim was a minor at the time of the offense, the victim's age must be determined.  Upon such a determination the court shall advise the defendant of its determination and of the defendant's right to withdraw a plea of guilty or nolo contendere. If the defendant chooses to withdraw his plea of guilty or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise.  The bill requires verification of the residency of offenders who have been civilly committed to the Department of Behavioral Health and Developmental Services and are under supervision. The bill also provides that the Department of Behavioral Health and Developmental Services shall give notice to a committed sex offender, prior to his release, of his obligation to register as a sex offender.  The custodian of a person required to register as a sex offender is required to notify the State Police immediately upon discovering the person's escape from custody.


FULL TEXT

AMENDMENTS

HISTORY