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1997 SESSION
971251817Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-299, as it is currently effective and as it may become effective, and 18.2-251 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-299. Fingerprints and photographs of juveniles.
A. All duly constituted police authorities having the power of arrest
mayshall take fingerprints and photographs of any
juvenile who is taken into custody and charged with a delinquent act an arrest
for which, if committed by an adult, is required to be reported to the Central
Criminal Records Exchange pursuant to subsection A of § 19.2-390.
Whenever fingerprints are taken, they The fingerprints
shall be maintained separately from adult records, and a copy shall
be filed with the juvenile court on forms provided by the Central Criminal
Records Exchange.
B. If a juvenile of any age (i) is adjudicated delinquent
or, (ii) is found guilty of any offense
which would be a felony if committed by an adult or any other offense for which
a report to the Central Criminal Records Exchange is required by subsection C
of § 19.2-390 if the offense were committed by an adult or (iii) has
adjudication or disposition deferred pursuant to § 16.1-278.8 or §
18.2-251 for an offense which would be a felony if committed by an
adult or for any other offense for which a report to the Central
Criminal Records Exchange is required by subsection C of § 19.2-390 if the
offense were committed by an adult, copies of his fingerprints and a
report of the disposition shall be forwarded to the Central Criminal Records
Exchange by the clerk of the court which heard the case.
C. If a petition or warrant is not filed against a juvenile whose fingerprints or photographs have been taken in connection with an alleged violation of law, the fingerprint card, all copies of the fingerprints and all photographs shall be destroyed sixty days after fingerprints were taken. If a juvenile is found not guilty or in any other case resulting in a disposition for which fingerprints are not required to be forwarded to the Central Criminal Records Exchange, the court shall order that the fingerprint card, all copies of the fingerprints and all photographs be destroyed within sixty days of the date of disposition of the case.
§ 16.1-299. (Delayed effective date) Fingerprints and photographs of juveniles.
A. All duly constituted police authorities having the power of arrest may
shall take fingerprints and photographs of any juvenile who
is taken into custody and charged with a delinquent act an arrest for which, if
committed by an adult, is required to be reported to the Central Criminal
Records Exchange pursuant to subsection A of § 19.2-390. Whenever
fingerprints are taken, they The fingerprints shall be
maintained separately from adult records and a copy shall be filed with the
family court on forms provided by the Central Criminal Records Exchange.
B. If a juvenile of any age (i) is adjudicated delinquent
or, (ii) is found guilty of any offense which would be a
felony if committed by an adult or any other offense for which a report to the
Central Criminal Records Exchange is required by subsection C of §
19.2-390 if the offense were committed by an adult or (iii) has
adjudication or disposition deferred pursuant to §
16.1-278.8 or § 18.2-251 for an offense which would
be a felony if committed by an
adult or for any other offense for which a report to the Central
Criminal Records Exchange is required by subsection C of § 19.2-390 if the
offense were committed by an adult, copies of his fingerprints and a
report of the disposition shall be forwarded to the Central Criminal Records
Exchange by the clerk of the court which heard the case.
C. If a petition or warrant is not filed against a juvenile whose fingerprints or photographs have been taken in connection with an alleged violation of law, the fingerprint card, all copies of the fingerprints and all photographs shall be destroyed sixty days after fingerprints were taken. If a juvenile is found not guilty or in any other case resulting in a disposition for which fingerprints are not required to be forwarded to the Central Criminal Records Exchange, the court shall order that the fingerprint card, all copies of the fingerprints and all photographs be destroyed within sixty days of the date of disposition of the case.
§ 18.2-251. Persons charged with first offense may be placed on probation; conditions; screening, evaluation and education programs; drug tests; costs and fees; violations; discharge.
Whenever any person, including a juvenile, who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250 or to possession of marijuana under § 18.2-250.1, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
As a term or condition, the court may require the accused to enter a screening, evaluation and education program, if available, such as, in the opinion of the court, may be best suited to the needs of the accused. This program may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by a program certified or licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services. The court may require the person entering such program under the provisions of this section to pay the costs of the program, including the costs of the screening and evaluation.
As a condition of probation, the court shall require the accused to remain drug free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug free. Such testing may be conducted by personnel of any screening, evaluation and education program to which the person is referred. The cost of such testing may be charged to the person in addition to the fee for the education program.
The court shall, unless done at arrest, order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of §§ 18.2-259.1 and 46.2-390.1, and the driver's license forfeiture provisions of those sections shall be imposed. The provisions of this paragraph shall not be applicable to any offense for which a juvenile has had his license suspended or denied pursuant to § 16.1-278.9 for the same offense.