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1994 SESSION

LD3377625
SENATE BILL NO. 67
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice)
(Patron Prior to Substitute--Senator Calhoun)
Senate Amendments in [ ] -- January 31, 1994
A BILL to amend and reenact § 16.1-309.1 of the Code of Virginia, relating to exceptions to confidentiality of certain information on juveniles.

Be it enacted by the General Assembly of Virginia:

1. That § 16.1-309.1 of the Code of Virginia is amended and reenacted as follows:

§ 16.1-309.1. Exception as to confidentiality.

Notwithstanding any other provision of this article, where consideration of public interest requires, the judge [ may shall ] make public the name and address of a child juvenile and the nature of the offense for which a child juvenile has been adjudicated delinquent (i) for an act which would be a Class 1, 2 or 3 felony, forcible rape or robbery if committed by an adult, and (ii) in any case where a child juvenile is sentenced as an adult in accordance with §16.1-284 circuit court, or (iii) if the juvenile is on parole following adjudication of delinquency based on the same violations as enumerated under (i) or (ii).

Whenever a child juvenile, charged with a delinquent act which would be forcible rape, robbery or a Class 1, 2, or 3 felony if committed by an adult, becomes a fugitive from justice any time prior to or after final disposition of the charge, the attorney for the Commonwealth or, upon notice to the Commonwealth's attorney, the Department of Youth and Family Services or a locally operated court services unit may petition the court having jurisdiction of the offense to authorize public release of the child's juvenile's name, age, physical description and photograph, the charge for which he is sought or for which he was adjudicated and any other information which may expedite his apprehension. Upon a showing that the child juvenile is a fugitive and for good cause, the court shall order release of this information to the public.

Upon the request of a victim of a delinquent act which would be a felony if committed by an adult, the court may order that such victim be informed of the charge or charges brought, the findings of the court, and the disposition of the case. For purposes of this section, "victim" shall be defined as in § 19.2-299.1.

Upon request, the judge or clerk may disclose if an order of emancipation of a juvenile pursuant to § 16.1-333 has been entered, provided (i) the order is not being appealed, (ii) the order has not been terminated, or (iii) there has not been a judicial determination that the order is void ab initio.

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