SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2014 SESSION

  • | print version

SB 537 Offenses requiring registration; withdrawal of plea by certain defendants, etc.

Introduced by: Thomas K. Norment, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Offenses requiring registration; withdrawal of plea by certain defendants. Provides that prior to conviction for an offense requiring registration on the Sex Offender and Crimes Against Minors Registry due to the minority, physical helplessness, or mental incapacity of the victim, when the indictment, warrant, or information does not allege that the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court shall determine whether the victim was a minor, physically helpless, or mentally incapacitated. The bill also provides that when the court is required to make such determination, it shall advise the defendant of his right to make a motion to withdraw a plea of guilty or nolo contendere. If the court grants the defendant's motion to withdraw his plea, the case shall be heard by another judge unless the parties agree otherwise. The bill further provides that failure to make a determination as to the minority, physical helplessness, or mental incapacity of the victim or so advise the defendant of his right to make a motion to withdraw his plea does not otherwise invalidate the conviction.


FULL TEXT

HISTORY