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1997 SESSION
979026761Patrons-- Deeds, Abbitt, Almand, Armstrong, Barlow, Behm, Bennett, Brickley, Clement, Connally, Cooper, Cranwell, Crittenden, Croshaw, Darner, Davies, Diamonstein, Grayson, Hall, Heilig, Hull, Johnson, Jones, J.C., Lovelace, McEachin, Moran, Moss, Murphy, Phillips, Plum, Shuler, Stump, Tate, Thomas, Van Yahres, Watts and Woodrum
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-298.1 and 19.2-390.1 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-298.1. Registration required of persons convicted of certain offenses.
A. Every person convicted on or after July 1, 1994, for a felony in violation of §§ 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or § 18.2-370.1 or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection B of § 18.2-361 or subsection B of § 18.2-366, including juveniles tried and convicted in the circuit courts pursuant to § 16.1-269, whether sentenced as adults or juveniles, shall be required as a part of the sentence imposed upon conviction to register with the Department of State Police and provide such information as required by subsection D of this section. The order shall also impose a duty to keep the registration current in accordance with this section. The court shall obtain all registration information, on forms provided by the Department of State Police, and the clerk shall forward the information within three days of sentencing to the Department of State Police.
B. Every person serving a sentence of confinement or under community supervision on July 1, 1994, for a felony covered by this section shall be required to register with the Department of State Police and shall be given notice of the duty to register pursuant to § 53.1-116.1 or § 53.1-160.1 as appropriate.
C. The person shall register within thirty days of his release from confinement in a state or local correctional facility or, if a sentence of confinement is not imposed, within thirty days of suspension of the sentence. In addition, all persons convicted of felony violations under the laws of the United States or any other state substantially similar to §§ 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or § 18.2-370.1 or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection B of § 18.2-361 or subsection B of § 18.2-366 shall be required to register with the Department of State Police within thirty days of establishing a residence within the Commonwealth. Any person required to register shall also be required to re-register within thirty days following any change of residence.
D. The Department of State Police shall develop and provide the procedures
and forms for collecting and maintaining the
registration information. The registration shall
be maintained in the Sex Offender Registry established pursuant to §
19.2-390.1 and shall include the person's name,; all
aliases which he has used or under which he may have been
known,; the date and locality of the conviction for which
registration is required,; his date of birth,
social security number, and current address and a description of the
offense or offenses for which he was convicted and. For all
persons convicted and sentenced as adults, the Registry shall also
include fingerprints and a photograph, of a type and kind approved
by the Department of State Police. The
Registry shall, if applicable,
provide include the same information on convictions prior
to July 1, 1994, for any of the specified offenses or under a substantially
similar law of the United States or any other state.
E. The knowing and intentional failure to register as provided in this section or knowingly providing materially false information to the Registry shall be punishable as a Class 1 misdemeanor.
§ 19.2-390.1. Sex Offender Registry; maintenance; access.
A. The Department of State Police shall keep and maintain a Sex Offender
Registry, separate and apart from all other records maintained by it. The
purpose of the Sex Offender Registry shall be to assist the efforts of
law-enforcement agencies to protect their communities from repeat sex offenders
and to protect children from becoming the victims of repeat sex offenders by
helping to prevent such individuals from being hired or allowed to volunteer
to or work directly with children in any
educational, care-giving, or similar activity. The Sex Offender Registry
shall include conviction data received from the courts pursuant to §
19.2-390 for felony violations of §§ 18.2-61, 18.2-63, 18.2-64.1,
18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or § 18.2-370.1 or,
where the victim is a minor or is physically helpless or mentally incapacitated
as defined in § 18.2-67.10, subsection B of § 18.2-361 or subsection
B of § 18.2-366, including the disposition records for juveniles tried and
convicted in the circuit courts pursuant to § 16.1-269.1, and
registrations received from persons required to do so by § 19.2-298.1.
Promptly upon receipt of a registration or reregistration pursuant to §
19.2-298.1 the State Police shall notify the chief law-enforcement officer of
the county, city or town of the locality listed as the person's address on the
registration or reregistration. The State Police shall promulgate regulations
governing the giving of notice to the chief local law-enforcement officer, the
operation and maintenance of the Sex Offender Registry and the expungement of
records on persons who are deceased, whose convictions have been reversed or
who have been pardoned, and those for whom an order of expungement has been
entered pursuant to § 19.2-298.2 or § 19.2-392.1.
B. Except as provided in subsectionsubsections A
and C, Sex Offender Registry information shall be
disseminated, upon request, only to authorized officers or employees of (i) a
criminal justice agency, as defined by § 9-169; (ii) a public school
division; (iii) a private, denominational or parochial school; or (iv) a
child-welfare agency or a registered or unregistered small family day-care home
as defined in § 63.1-195. The Department of State Police shall make Sex
Offender Registry information available, upon request, to criminal justice
agencies including local law-enforcement agencies through the Virginia Criminal
Information Network (VCIN). Sex Offender Registry information provided under
this section shall be used only for the purposes of the administration of
criminal justice or for the screening of current or prospective employees or
volunteers. Further dissemination of such information or use of the information
for purposes not authorized by this section is prohibited and a willful
violation of this section shall be punished as a Class 1 misdemeanor. The VCIN
and any form or document used by the Department of State Police to disseminate
information from the Sex Offender Registry shall provide notice that any
further or unauthorized dissemination of the information is a crime punishable
as a Class 1 misdemeanor. The Department of State Police may by regulation
establish a fee not to exceed fifteen dollars for responding to requests for
information from the Sex Offender Registry. Any fees collected shall be
deposited in a special account to be used to offset the costs of administering
the Registry.
C. Notwithstanding subsection B, the Department of State
Police shall release the name of a specific person registered in the Registry
in response to a request by (i) a parent or guardian who is considering hiring,
retaining, or allowing such specific person to work directly with his or her
child in any child-minding or child-caring capacity or (ii) the
authorized employees or representatives of any
organization that is considering hiring, retaining, or allowing any such
individual to work directly with children as a part of that
organization's services or activities. Any such request shall
be submitted on a form provided by the Department of State Police. Such form
shall require (i) the provision of such information as is necessary to
specifically identify the person about whom the request is being made and (ii)
the signature of the person making the request and the signature of
the person about whom the request is being made.
Further dissemination of such information or use of the
information for purposes not authorized by this section shall be punished as a
Class 1 misdemeanor.
2. The Department of State Police shall develop, prior to July 1, 1997, policies and procedures consistent with and necessary to implementing the requirements of this act, including but not limited to the creation of the request forms required by this act. Blank forms shall be provided to local law enforcement agencies throughout the Commonwealth.