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2019 SESSION

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SB 1602 Central Criminal Record Exchange; duties and authority.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Reports to Central Criminal Record Exchange; duties and authority of the Central Criminal Records Exchange; unapplied criminal history record information. Requires the Central Criminal Records Exchange (Exchange) to review offenses containing unapplied criminal history record information, defined in the bill, and make reasonable efforts to ensure that such information is applied to criminal history records. The bill requires the Exchange to submit periodic reports to the Office of the Executive Secretary of the Supreme Court of Virginia, the clerk of each circuit court and district court, attorneys for the Commonwealth, and law-enforcement agencies containing (i) a list of offenses with unapplied criminal history record information and (ii) for each offense, if known, the name and any other identifying information of the defendant, any identifying court case information, the date of submission to the Exchange, and the reason the offense could not be applied to the criminal history record. The bill also requires the Exchange to submit an annual report to the Governor and General Assembly on the status of unapplied criminal history record information and any updates to fingerprinting policies and procedures.

The bill also requires a law-enforcement officer to report the required information to the Central Criminal Records Exchanges for persons arrested on a capias for any allegation of a violation of the terms or conditions of a suspended sentence, probation, or parole for a felony offense. The bill also provides that for persons served with a show cause for any allegation of a violation of the terms or conditions of a suspended sentence, probation, or parole for a felony offense, a report to the Central Criminal Records Exchange is not required until such person is found to be in violation of the terms or conditions of a suspended sentence, probation, or parole. The bill authorizes the court to order that the fingerprints and photograph of such person served with a show cause and found to be in violation be taken by a law-enforcement officer.

The bill provides that for persons charged under the first offender domestic assault, first offender drug possession, or first offender property offense statute, the court shall verify that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person prior to discharging such person and dismissing the proceedings. The bill authorizes a court to order a law-enforcement officer to take the fingerprints and photograph of a person charged if the fingerprint identification information or fingerprints have not been provided to the clerk of court.

The bill provides that if a person is in custody for an offense for which a report to the Central Criminal Records Exchange is required when an indictment or presentment is found or made, or information is filed, and no process is awarded, the attorney for the Commonwealth shall notify the court of such and the court shall order that the fingerprints and photograph of the accused be taken by a law-enforcement officer or by the agency that has custody of the accused at the time of the first appearance by the accused.

The bill requires the Department of State Police to develop a model policy on the collection of fingerprints and reporting of criminal history record information to the Central Criminal Records Exchange and to disseminate such policy to all law-enforcement agencies within the Commonwealth.

The bill requires a judge, after convicting the defendant of any offense for which a report to the Central Criminal Records Exchange is required, to determine if a copy of such defendant's fingerprints or fingerprint identification information has been provided by a law-enforcement officer to the clerk of court. The bill provides that in any case in which fingerprints or fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and photograph be taken by a law-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence.

The bill provides that any fingerprints, photographs, and records received by the Central Criminal Records Exchange from any correctional institution concerning an incarcerated person may be classified and filed as criminal history record information. The bill requires the Department of Corrections to submit photographs, fingerprints, and a description of each person who is under the custody of the Department to the Central Criminal Records Exchange if such person has been convicted of an offense for which a report to the Central Criminal Records Exchange is required.

The bill requires a state probation and parole officer and a local community-based probation officer, (a) at least 60 days prior to an offender's release from supervision pursuant to the terms of the sentencing order or (b) prior to submitting a request to the court that the offender be released from supervision, to review the criminal history record of the offender to verify that the offense for which the offender is being supervised appears on the offender's criminal history record, if such offense is required to be reported to the Central Criminal Records Exchange, and, if such offense does not appear on the offender's criminal history record, to take and provide the fingerprints and photograph of the offender to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information. The Department of State Police shall develop a form for use by local community-based probation officers when ordering additional fingerprints of an offender.

The bill provides that at a restitution hearing the court shall review the criminal history record of a defendant and determine whether the defendant's conviction appears on such record. The bill provides that if such conviction does not appear on the defendant's criminal history record, the court shall order that the fingerprints and photograph of the defendant be taken by a law-enforcement officer. The bill requires such fingerprints and photograph to be submitted to the Central Criminal Records Exchange.

The bill provides that in any case where the court has suspended the imposition or execution of a sentence or placed the defendant on probation, the court, after a hearing and providing adequate notice to the parties, may modify the sentence or conditions of probation at any time within the period of suspension or supervision to require that the fingerprints and photograph of the defendant be taken as a condition of the suspended sentence or probation. The clerk of each circuit court shall make an electronic report to the Central Criminal Records Exchange of any finding that a person charged on a summons is in violation of the terms or conditions of a suspended sentence or probation for a felony offense.

The bill provides that for treason, any felony, any offense punishable as a misdemeanor under Title 54.1 (Professions and Occupations), or any misdemeanor punishable by jail, when any such offense is charged on a summons, the electronic report filed by the clerk of each circuit court and district court to the Central Criminal Records Exchange shall not be required until (1) a conviction is entered and no appeal is noted or, if an appeal is noted, the conviction is upheld upon appeal or the person convicted withdraws his appeal; (2) the court dismisses the proceeding pursuant to the first offense statute; or (3) an acquittal by reason of insanity is entered.

The bill directs the Department of State Police to make reasonable efforts to ensure that criminal history record information that was reported to the Central Criminal Records Exchange prior to July 1, 2019, and not applied to the criminal history record of a person be applied to the criminal history record of that person. The bill requires the Department to report on the progress of these efforts to the Governor and the Chairman of the State Crime Commission by November 1, 2019.

This bill as introduced was a recommendation of the Virginia State Crime Commission.


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