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2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10, and 19.2-390 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-253. Preliminary protective order.
A. Upon the motion of any person or upon the court's own motion, the court may issue a preliminary protective order, after a hearing, if necessary to protect a child's life, health, safety or normal development pending the final determination of any matter before the court. The order may require a child's parents, guardian, legal custodian, other person standing in loco parentis or other family or household member of the child to observe reasonable conditions of behavior for a specified length of time. These conditions shall include any one or more of the following:
1. To abstain from offensive conduct against the child, a family or household member of the child or any person to whom custody of the child is awarded;
2. To cooperate in the provision of reasonable services or programs designed to protect the child's life, health or normal development;
3. To allow persons named by the court to come into the child's home at reasonable times designated by the court to visit the child or inspect the fitness of the home and to determine the physical or emotional health of the child;
4. To allow visitation with the child by persons entitled thereto, as determined by the court;
5. To refrain from acts of commission or omission which tend to endanger the child's life, health or normal development; or
6. To refrain from such contact with the child or family or household members of the child, as the court may deem appropriate, including removal of such person from the residence of the child. However, prior to the issuance by the court of an order removing such person from the residence of the child, the petitioner must prove by a preponderance of the evidence that such person's probable future conduct would constitute a danger to the life or health of such child, and that there are no less drastic alternatives which could reasonably and adequately protect the child's life or health pending a final determination on the petition.
B. A preliminary protective order may be issued ex parte upon motion of any person or the court's own motion in any matter before the court, or upon petition. The motion or petition shall be supported by an affidavit or by sworn testimony in person before the judge or intake officer which establishes that the child would be subjected to an imminent threat to life or health to the extent that delay for the provision of an adversary hearing would be likely to result in serious or irremediable injury to the child's life or health. If an ex parte order is issued without an affidavit being presented, the court, in its order, shall state the basis upon which the order was entered, including a summary of the allegations made and the court's findings. Following the issuance of an ex parte order the court shall provide an adversary hearing to the affected parties within the shortest practicable time not to exceed five business days after the issuance of the order.
C. Prior to the hearing required by this section, notice of
the hearing shall be given at least twenty-four 24 hours in
advance of the hearing to the guardian ad litem for the child, to the parents,
guardian, legal custodian, or other person standing in loco parentis of the
child, to any other family or household member of the child to whom the
protective order may be directed and to the child if he or she is twelve
12 years of age or older. The notice provided herein shall include (i) the
time, date and place for the hearing and (ii) a specific statement of the
factual circumstances which allegedly necessitate the issuance of a preliminary
protective order.
D. All parties to the hearing shall be informed of their right to counsel pursuant to § 16.1-266.
E. At the hearing the child, his or her parents, guardian, legal custodian or other person standing in loco parentis and any other family or household member of the child to whom notice was given shall have the right to confront and cross-examine all adverse witnesses and evidence and to present evidence on their own behalf.
F. If a petition alleging abuse or neglect of a child has been
filed, at the hearing pursuant to this section the court shall determine
whether the allegations of abuse or neglect have been proven by a preponderance
of the evidence. Any finding of abuse or neglect shall be stated in the court
order. However, if, before such a finding is made, a person responsible for the
care and custody of the child, the child's guardian ad litem or the local
department of social services objects to a finding being made at the hearing,
the court shall schedule an adjudicatory hearing to be held within thirty
30 days of the date of the initial preliminary protective order hearing.
The adjudicatory hearing shall be held to determine whether the allegations of
abuse and neglect have been proven by a preponderance of the evidence. Parties
who are present at the hearing shall be given notice of the date set for the
adjudicatory hearing and parties who are not present shall be summoned as
provided in § 16.1-263. The adjudicatory hearing shall be held and an order may
be entered, although a party to the hearing fails to appear and is not
represented by counsel, provided personal or substituted service was made on
the person, or the court determines that such person cannot be found, after
reasonable effort, or in the case of a person who is without the Commonwealth,
the person cannot be found or his post office address cannot be ascertained
after reasonable effort.
Any preliminary protective order issued shall remain in full force and effect pending the adjudicatory hearing.
G. If at the preliminary protective order hearing held
pursuant to this section the court makes a finding of abuse or neglect and a
preliminary protective order is issued, a dispositional hearing shall be held
pursuant to § 16.1-278.2. Upon receipt of the order by a local
law-enforcement agency for service, the agency shall enter the name of the
person subject to the order and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52. Where practical, the The court may
shall forthwith, but in all cases no later than the end of the business day on
which the order was issued, enter and transfer identifying information
provided to the court electronically to the Virginia Criminal
Information Network. A copy of the preliminary protective order and an
addendum containing any such identifying information shall be forwarded
forthwith to the primary law-enforcement agency responsible for service and
entry of protective orders. Upon receipt of the order and addendum by the
primary law-enforcement agency, the agency shall forthwith verify and enter any
modification as necessary to the identifying information and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network established and maintained by the Department of
State Police pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall
be served as soon as possible forthwith on the allegedly abusing
person in person as provided in § 16.1-264, and upon service, the agency
making service shall enter the date and time of service into the Virginia
Criminal Information Network and due return made to the court.
However, if the order is issued by the circuit court, the clerk of the circuit
court shall forthwith forward an attested copy of the order and an addendum
containing identifying information to the primary law-enforcement agency
providing service and entry of protective orders and upon receipt of the order
and addendum, the primary law-enforcement agency shall enter the name of the
person subject to the order and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52 and the order shall be served forthwith upon the allegedly
abusing person in person as provided in § 16.1-264. Upon service, the agency
making service shall enter the date and time of service and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network and make due return to the court. The
preliminary order shall specify a date for the dispositional hearing. The
dispositional hearing shall be scheduled at the time of the hearing pursuant to
this section, and shall be held within seventy-five 75 days of
this hearing. If an adjudicatory hearing is requested pursuant to subsection F,
the dispositional hearing shall nonetheless be scheduled at the hearing
pursuant to this section. All parties present at the hearing shall be given
notice of the date and time scheduled for the dispositional hearing; parties
who are not present shall be summoned to appear as provided in § 16.1-263.
H. Nothing in this section enables the court to remove a child from the custody of his or her parents, guardian, legal custodian or other person standing in loco parentis, except as provided in § 16.1-278.2, and no order hereunder shall be entered against a person over whom the court does not have jurisdiction.
I. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
J. Violation of any order issued pursuant to this section shall constitute contempt of court.
K. Upon receipt of the order by a local law-enforcement
agency for service, the agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52. Where feasible and practical, the The court may shall
forthwith, but in all cases no later than the end of the business day on which
the order was issued, enter and transfer identifying information provided
to the court electronically to the Virginia Criminal Information Network. A
copy of the preliminary protective order and an addendum containing any such
identifying information shall be forwarded forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders.
Upon receipt of the order and addendum by the primary law-enforcement agency, the
agency shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52 and the order shall be served as soon as possible
forthwith on the allegedly abusing person in person as provided in §
16.1-264, and upon service, the agency making service shall enter the date
and time of service into the Virginia Criminal Information Network and
due return made to the court. However, if the order is issued by the
circuit court, the clerk of the circuit court shall forthwith forward an
attested copy of the order and an addendum containing identifying information
to the primary law-enforcement agency providing service and entry of protective
orders and upon receipt of the order and addendum, the primary law-enforcement
agency shall enter the name of the person subject to the order and other
appropriate information required by the Department of State Police into the
Virginia Criminal Information Network established and maintained by the
Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order
shall be served forthwith on the allegedly abusing person in person as provided
in § 16.1-264. Upon service, the agency making service shall enter the date and
time of service and other appropriate information required by the Department of
State Police into the Virginia Criminal Information Network and make due return
to the court. The preliminary order shall specify a date for the full
hearing.
Upon receipt of the return of service or other proof of
service pursuant to subsection C of § 16.1-264, the clerk shall forward forthwith
forward an attested copy of the preliminary protective order to the
local police department or sheriff's office which shall, upon receipt, enter
into the Virginia Criminal Information Network any other information required
by the State Police that was not previously entered. primary
law-enforcement agency and the agency shall forthwith verify and enter any
modification as necessary into the Virginia Criminal Information Network as
described above. If the order is later dissolved or modified, a copy of the
dissolution or modification order shall also be attested, forwarded and
entered in forthwith to the primary law-enforcement agency responsible
for service and entry of protective orders, and upon receipt of the order by
the primary law-enforcement agency, the agency shall forthwith verify and enter
any modification as necessary to the identifying information and other
appropriate information required by the Department of State Police into the
Virginia Criminal Information Network as described above and the order shall
be served forthwith and due return made to the court.
L. No fee shall be charged for filing or serving any petition or order pursuant to this section.
M. If any identifying information in the addendum is determined to be incorrect by the entering agency, the agency shall enter the corrected information into the Virginia Criminal Information Network.
§ 16.1-253.1. Preliminary protective orders in cases of family abuse; confidentiality.
A. Upon the filing of a petition alleging that the petitioner is or has been, within a reasonable period of time, subjected to family abuse, the court may issue a preliminary protective order against an allegedly abusing person in order to protect the health and safety of the petitioner or any family or household member of the petitioner. The order may be issued in an ex parte proceeding upon good cause shown when the petition is supported by an affidavit or sworn testimony before the judge or intake officer. Immediate and present danger of family abuse or evidence sufficient to establish probable cause that family abuse has recently occurred shall constitute good cause.
A preliminary protective order may include any one or more of the following conditions to be imposed on the allegedly abusing person:
1. Prohibiting acts of family abuse.
2. Prohibiting such other contacts between the parties as the court deems appropriate.
3. Prohibiting such other contacts with the allegedly abused family or household member as the court deems necessary to protect the safety of such persons.
4. Granting the petitioner possession of the premises occupied by the parties to the exclusion of the allegedly abusing person; however, no such grant of possession shall affect title to any real or personal property.
5. Enjoining the respondent from terminating any necessary utility service to a premises that the petitioner has been granted possession of pursuant to subdivision 4 or, where appropriate, ordering the respondent to restore utility services to such premises.
6. Granting the petitioner temporary possession or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the allegedly abusing person; however, no such grant of possession or use shall affect title to the vehicle.
7. Requiring that the allegedly abusing person provide suitable alternative housing for the petitioner and any other family or household member and, where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided.
8. Any other relief necessary for the protection of the petitioner and family or household members of the petitioner.
B. Upon receipt of the order by a local law-enforcement
agency for service, the agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network system established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52. Where practical, the The court may shall forthwith,
but in all cases no later than the end of the business day on which the order
was issued, enter and transfer identifying information provided
to the court electronically to the Virginia Criminal Information Network
system. A copy of a preliminary protective order and an addendum
containing any such identifying information shall be forwarded forthwith to the
primary law-enforcement agency responsible for service and entry of protective
orders. Upon receipt of the order and addendum by the primary law-enforcement
agency, the agency shall forthwith verify and enter any modification as
necessary to the identifying information and other appropriate information
required by the Department of State Police into the Virginia Criminal
Information Network established and maintained by the Department pursuant to
Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served as
soon as possible forthwith on the allegedly abusing person in person
as provided in § 16.1-264, and upon service, the agency making service shall
enter the date and time of service into the Virginia Criminal Information
Network system and due return made to the court. However, if the
order is issued by the circuit court, the clerk of the circuit court shall
forthwith forward an attested copy of the order and an addendum containing
identifying information to the primary law-enforcement agency providing service
and entry of protective orders and upon receipt of the order and addendum, the
primary law-enforcement agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network established and maintained
by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the
order shall be served forthwith on the allegedly abusing person in person as
provided in § 16.1-264. Upon service, the agency making service shall enter the
date and time of service and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network and
make due return to the court. The preliminary order shall specify a date
for the full hearing. The hearing shall be held within 15 days of the issuance
of the preliminary order. If the respondent fails to appear at this hearing
because the respondent was not personally served, the court may extend the
protective order for a period not to exceed six months. The extended protective
order shall be served as soon as possible forthwith on the
respondent. However, upon motion of the respondent and for good cause shown,
the court may continue the hearing. The preliminary order shall remain in
effect until the hearing. Upon request after the order is issued, the clerk
shall provide the petitioner with a copy of the order and information regarding
the date and time of service. The order shall further specify that either party
may at any time file a motion with the court requesting a hearing to dissolve
or modify the order. The hearing on the motion shall be given precedence on the
docket of the court.
Upon receipt of the return of service or other proof of
service pursuant to subsection C of § 16.1-264, the clerk shall forward forthwith
forward an attested copy of the preliminary protective order to the local
police department or sheriff's office which shall, upon receipt, enter
primary law-enforcement agency, and the agency shall forthwith verify and enter
any modification as necessary into the Virginia Criminal Information
Network system any other information required by the State Police which was
not previously entered as described above. If the order is later
dissolved or modified, a copy of the dissolution or modification order shall
also be attested, forwarded and entered in forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders,
and upon receipt of the order by the primary law-enforcement agency, the agency
shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
system as described above and the order shall be served forthwith and
due return made to the court.
C. The preliminary order is effective upon personal service on the allegedly abusing person. Except as otherwise provided in § 16.1-253.2, a violation of the order shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective order pursuant to § 16.1-279.1 if the court finds that the petitioner has proven the allegation of family abuse by a preponderance of the evidence.
E. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
F. As used in this section, "copy" includes a facsimile copy.
G. No fee shall be charged for filing or serving any petition or order pursuant to this section.
H. If any identifying information in the addendum is determined to be incorrect by the entering agency, the agency shall enter the corrected information into the Virginia Criminal Information Network.
§ 16.1-253.4. Emergency protective orders authorized in certain cases; penalty.
A. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person.
B. When a law-enforcement officer or an allegedly abused person asserts under oath to a judge or magistrate, and on that assertion or other evidence the judge or magistrate (i) finds that a warrant for a violation of § 18.2-57.2 has been issued or issues a warrant for violation of § 18.2-57.2 and finds that there is probable danger of further acts of family abuse against a family or household member by the respondent or (ii) finds that reasonable grounds exist to believe that the respondent has committed family abuse and there is probable danger of a further such offense against a family or household member by the respondent, the judge or magistrate shall issue an ex parte emergency protective order, except if the respondent is a minor, an emergency protective order shall not be required, imposing one or more of the following conditions on the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with family or household members of the respondent as the judge or magistrate deems necessary to protect the safety of such persons; and
3. Granting the family or household member possession of the premises occupied by the parties to the exclusion of the respondent; however, no such grant of possession shall affect title to any real or personal property.
When the judge or magistrate considers the issuance of an emergency protective order pursuant to clause (i) of this subsection, he shall presume that there is probable danger of further acts of family abuse against a family or household member by the respondent unless the presumption is rebutted by the allegedly abused person.
C. An emergency protective order issued pursuant to this
section shall expire seventy-two hours after at the end of the third
day following issuance. If the expiration of the seventy-two-hour period
occurs at a time that the court is not in session, the emergency protective
order shall be extended until 5 p.m. the end of the next business
day that the juvenile and domestic relations district court is in session. When
issuing an emergency protective order under this section, the judge or
magistrate shall provide the protected person or the law-enforcement officer
seeking the emergency protective order with the form for use in filing
petitions pursuant to § 16.1-253.1 and written information regarding protective
orders that shall include the telephone numbers of domestic violence agencies
and legal referral sources on a form prepared by the Supreme Court. If these
forms are provided to a law-enforcement officer, the officer may provide these
forms to the protected person when giving the emergency protective order to the
protected person. The respondent may at any time file a motion with the court
requesting a hearing to dissolve or modify the order issued hereunder. The
hearing on the motion shall be given precedence on the docket of the court.
D. A law-enforcement officer may request an emergency
protective order pursuant to this section and, if the person in need of
protection is physically or mentally incapable of filing a petition pursuant to
§ 16.1-253.1 or § 16.1-279.1, may request the extension of an emergency
protective order for an additional period of time not to exceed seventy-two
hours three days after expiration of the original order. The request
for an emergency protective order or extension of an order may be made orally,
in person or by electronic means, and the judge of a circuit court, general
district court, or juvenile and domestic relations district court or a
magistrate may issue an oral emergency protective order. An oral emergency
protective order issued pursuant to this section shall be reduced to writing,
by the law-enforcement officer requesting the order or the magistrate on a
preprinted form approved and provided by the Supreme Court of Virginia. The
completed form shall include a statement of the grounds for the order asserted
by the officer or the allegedly abused person.
E. Upon receipt of the order by a local law-enforcement
agency for service, the agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network system established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52. Where practical, the The court or magistrate may shall
forthwith, but in all cases no later than the end of the business day on which
the order was issued, enter and transfer identifying information provided
to the court or magistrate electronically to the Virginia Criminal
Information Network system. A copy of an emergency protective order
issued pursuant to this section and an addendum containing any such
identifying information shall be forwarded forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders.
Upon receipt of the order and addendum by the primary law-enforcement agency,
the agency shall forthwith verify and enter any modification as necessary to
the identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52 and the order shall be served forthwith upon the
respondent as soon as possible, and upon service, the agency making service
shall enter the date and time of service into the Virginia Criminal Information
Network system and due return made to the court. However,
if the order is issued by the circuit court, the clerk of the circuit court
shall forthwith forward an attested copy of the order and an addendum
containing identifying information to the primary law-enforcement agency
providing service and entry of protective orders and upon receipt of the order
and addendum, the primary law-enforcement agency shall enter the name of the
person subject to the order and other appropriate information required by the
Department of State Police into the Virginia Criminal Network established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52 and the order shall be served forthwith on the respondent. Upon service, the
agency making service shall enter the date and time of service and other
appropriate information required by the Department of State Police into the
Virginia Criminal Information Network and make due return to the court. One
copy of the order shall be given to the allegedly abused person when it is
issued, and one copy shall be filed with the written report required by §
19.2-81.3 C. The judge or magistrate who issues an oral order pursuant to an
electronic request by a law-enforcement officer shall verify the written order
to determine whether the officer who reduced it to writing accurately
transcribed the contents of the oral order. The original copy shall be filed
with the clerk of the juvenile and domestic relations district court within
five business days of the issuance of the order. If the order is later
dissolved or modified, a copy of the dissolution or modification order shall also
be attested, forwarded and entered in the system forthwith
to the primary law-enforcement agency responsible for service and entry of
protective orders, and upon receipt of the order by the primary law-enforcement
agency, the agency shall forthwith verify and enter any modification as
necessary to the identifying information and other appropriate information
required by the Department of State Police into the Virginia Criminal
Information Network as described above and the order shall be served
forthwith and due return made to the court. Upon request, the clerk shall
provide the allegedly abused person with information regarding the date and
time of service.
F. The availability of an emergency protective order shall not be affected by the fact that the family or household member left the premises to avoid the danger of family abuse by the respondent.
G. The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.
H. As used in this section, a "law-enforcement officer" means any (i) full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth and (ii) member of an auxiliary police force established pursuant to subsection B of § 15.2-1731. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.
I. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
J. As used in this section, "copy" includes a facsimile copy.
K. No fee shall be charged for filing or serving any petition or order pursuant to this section.
L. If any identifying information in the addendum is determined to be incorrect by the entering agency, the agency shall enter the corrected information into the Virginia Criminal Information Network.
§ 16.1-279.1. Protective order in cases of family abuse.
A. In cases of family abuse, the court may issue a protective order to protect the health and safety of the petitioner and family or household members of the petitioner. A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:
1. Prohibiting acts of family abuse;
2. Prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons;
3. Granting the petitioner possession of the residence occupied by the parties to the exclusion of the respondent; however, no such grant of possession shall affect title to any real or personal property;
4. Enjoining the respondent from terminating any necessary utility service to the residence to which the petitioner was granted possession pursuant to subdivision 3 or, where appropriate, ordering the respondent to restore utility services to that residence;
5. Granting the petitioner temporary possession or use of a motor vehicle owned by the petitioner alone or jointly owned by the parties to the exclusion of the respondent; however, no such grant of possession or use shall affect title to the vehicle;
6. Requiring that the respondent provide suitable alternative housing for the petitioner and, if appropriate, any other family or household member and where appropriate, requiring the respondent to pay deposits to connect or restore necessary utility services in the alternative housing provided;
7. Ordering the respondent to participate in treatment, counseling or other programs as the court deems appropriate; and
8. Any other relief necessary for the protection of the petitioner and family or household members of the petitioner, including a provision for temporary custody or visitation of a minor child.
A1. If a protective order is issued pursuant to subsection A of this section, the court may also issue a temporary child support order for the support of any children of the petitioner whom the respondent has a legal obligation to support. Such order shall terminate upon the determination of support pursuant to § 20-108.1.
B. The protective order may be issued for a specified period;
however, unless otherwise authorized by law, a protective order may not be
issued under this section for a period longer than two years. The protective
order shall expire at the end of the last day identified for the two-year
period and if no date is identified, it shall expire at the end of the two
years following the date of issuance. A copy of the protective order shall
be served on the respondent and provided to the petitioner as soon as possible.
The clerk shall, upon receipt, forward forthwith an attested copy of the order
to the local police department or sheriff's office which shall, upon receipt,
enter the name of the person subject to the order and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network system established and maintained by the
Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where
practical, the The court may shall forthwith, but in all
cases no later than the end of the business day on which the order was issued,
enter and transfer identifying information provided to the court electronically
to the Virginia Criminal Information Network system and shall
forthwith forward the attested copy of the protective order and an addendum
containing any such identifying information to the primary law-enforcement
agency responsible for service and entry of protective orders. Upon receipt of
the order and addendum by the primary law-enforcement agency, the agency shall forthwith
verify and enter any modification as necessary to the identifying information
and other appropriate information required by the Department of State Police
into the Virginia Criminal Information Network established and maintained by
the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the
order shall be served forthwith upon the respondent and due return made to the
court. However, if the order is issued by the circuit court, the clerk
of the circuit court shall forthwith forward an attested copy of the order and
an addendum containing identifying information to the primary law-enforcement
agency providing service and entry of protective orders and upon receipt of the
order and addendum, the primary law-enforcement agency shall enter the name of
the person subject to the order and other appropriate information required by
the Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52 and the order shall be served forthwith upon the respondent.
Upon service, the agency making service shall enter the date and time of
service and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network and make due return to
the court. If the order is later dissolved or modified, a copy of the
dissolution or modification order shall also be attested, forwarded and
entered in the system as described above forthwith to the primary law-enforcement
agency responsible for service and entry of protective orders, and upon receipt
of the order by the primary law-enforcement agency, the agency shall forthwith
verify and enter any modification as necessary to the identifying information
and other appropriate information required by the Department of State Police
into the Virginia Criminal Information Network as described above and the order
shall be served forthwith and due return made to the court.
C. Except as otherwise provided in § 16.1-253.2, a violation of a protective order issued under this section shall constitute contempt of court.
D. The court may assess costs and attorneys' fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.
E. Any judgment, order or decree, whether permanent or
temporary, issued by a court of appropriate jurisdiction in another state, the
United States or any of its territories, possessions or Commonwealths, the
District of Columbia or by any tribal court of appropriate jurisdiction for the
purpose of preventing violent or threatening acts or harassment against or
contact or communication with or physical proximity to another person,
including any of the conditions specified in subsection A, shall be accorded
full faith and credit and enforced in the Commonwealth as if it were an order
of the Commonwealth, provided reasonable notice and opportunity to be heard
were given by the issuing jurisdiction to the person against whom the order is
sought to be enforced sufficient to protect such person's due process rights
and consistent with federal law. A person entitled to protection under such a
foreign order may file the order in any juvenile and domestic relations
district court by filing with the court an attested or exemplified copy of the
order. Upon such a filing, the clerk shall forward forthwith forward an
attested copy of the order to the local police department or sheriff's
office primary law-enforcement agency responsible for service and entry
of protective orders which shall, upon receipt, enter the name of the
person subject to the order and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network system
established and maintained by the Department pursuant to Chapter 2 (§ 52-12
et seq.) of Title 52. Where practical, the court may transfer information
electronically to the Virginia Criminal Information Network system.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerk shall make a copy available of any foreign order filed with that court. A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.
F. Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to dissolve or modify a protective order shall be given precedence on the docket of the court.
G. As used in this section, "copy" includes a facsimile copy.
H. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
I. No fee shall be charged for filing or serving any petition or order pursuant to this section.
J. If any identifying information in the addendum is determined to be incorrect by the entering agency, the agency shall enter the corrected information into the Virginia Criminal Information Network.
§ 19.2-152.8. Emergency protective orders authorized in cases of stalking and acts of violence.
A. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person.
B. When a law-enforcement officer, an allegedly stalked person or an alleged victim of a criminal offense resulting in a serious bodily injury to the alleged victim asserts under oath to a judge or magistrate that such person is being or has been subjected to stalking or a criminal offense resulting in a serious bodily injury to the alleged victim and on that assertion or other evidence the judge or magistrate finds that (i) there is probable danger of a further such offense being committed by the respondent against the alleged victim and (ii) a warrant for the arrest of the respondent has been issued, the judge or magistrate shall issue an ex parte emergency protective order imposing one or more of the following conditions on the respondent:
1. Prohibiting acts of violence or acts of stalking in violation of § 18.2-60.3;
2. Prohibiting such contacts by the respondent with the alleged victim of such crime or such person's family or household members as the judge or magistrate deems necessary to protect the safety of such persons; and
3. Such other conditions as the judge or magistrate deems necessary to prevent acts of stalking, or criminal offenses resulting in injury to person or property, or communication or other contact of any kind by the respondent.
C. An emergency protective order issued pursuant to this
section shall expire 72 hours after at the end of the third day
following issuance. If the expiration of the 72-hour period occurs
at a time that the court is not in session, the emergency protective order
shall be extended until 5 p.m. the end of the next business day
that the court which issued the order is in session. The respondent may at any
time file a motion with the court requesting a hearing to dissolve or modify
the order. The hearing on the motion shall be given precedence on the docket of
the court.
D. A law-enforcement officer may request an emergency protective order pursuant to this section orally, in person or by electronic means, and the judge of a circuit court, general district court, or juvenile and domestic relations district court or a magistrate may issue an oral emergency protective order. An oral emergency protective order issued pursuant to this section shall be reduced to writing, by the law-enforcement officer requesting the order or the magistrate, on a preprinted form approved and provided by the Supreme Court of Virginia. The completed form shall include a statement of the grounds for the order asserted by the officer or the alleged victim of such crime.
E. Upon receipt of the order by a local law-enforcement
agency for service, the agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network system established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52. Where practical, the The court or magistrate may shall
forthwith, but in all cases no later than the end of the business day on which
the order was issued, enter and transfer identifying information provided
to the court or magistrate electronically to the Virginia Criminal
Information Network system. A copy of an emergency protective order
issued pursuant to this section and an addendum containing any such
identifying information shall be forwarded forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders.
Upon receipt of the order and addendum by the primary law-enforcement agency, the
agency shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52 and the order shall be served forthwith upon the
respondent as soon as possible, and upon service, the agency making service
shall enter the date and time of service into the Virginia Criminal Information
Network system and due return made to the court. However, if the
order is issued by the circuit court, the clerk of the circuit court shall
forthwith forward an attested copy of the order and an addendum containing
identifying information to the primary law-enforcement agency providing service
and entry of protective orders and upon receipt of the order and addendum, the
primary law-enforcement agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52 and the order shall be served forthwith upon the respondent. Upon service,
the agency making service shall enter the date and time of service and other
appropriate information required into the Virginia Criminal Information Network
and make due return to the court. One copy of the order shall be given to
the alleged victim of such crime. The judge or magistrate who issues an oral
order pursuant to an electronic request by a law-enforcement officer shall
verify the written order to determine whether the officer who reduced it to
writing accurately transcribed the contents of the oral order. The original
copy shall be filed with the clerk of the appropriate district court within
five business days of the issuance of the order. If the order is later
dissolved or modified, a copy of the dissolution or modification order shall also
be attested, forwarded and entered in the system as described
above forthwith to the primary law-enforcement agency responsible for
service and entry of protective orders, and upon receipt of the order by the
primary law-enforcement agency, the agency shall forthwith verify and enter any
modification as necessary to the identifying information and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network as described above and the order shall be served
forthwith and due return made to the court. Upon request, the clerk shall
provide the alleged victim of such crime with information regarding the date
and time of service.
F. The issuance of an emergency protective order shall not be considered evidence of any wrongdoing by the respondent.
G. As used in this section, a "law-enforcement officer" means any (i) person who is a full-time or part-time employee of a police department or sheriff's office which is part of or administered by the Commonwealth or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth and (ii) member of an auxiliary police force established pursuant to subsection B of § 15.2-1731. Part-time employees are compensated officers who are not full-time employees as defined by the employing police department or sheriff's office.
H. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
I. As used in this section, "copy" includes a facsimile copy.
J. No fee shall be charged for filing or serving any petition pursuant to this section.
K. If any identifying information in the addendum is determined to be incorrect by the entering agency, the agency shall enter the corrected information into the Virginia Criminal Information Network.
§ 19.2-152.9. Preliminary protective orders in cases of stalking and acts of violence.
A. Upon the filing of a petition alleging that (i) the petitioner is or has been, within a reasonable period of time, subjected to stalking or a criminal offense resulting in a serious bodily injury to the petitioner, and (ii) a warrant has been issued for the arrest of the alleged perpetrator of such act or acts, the court may issue a preliminary protective order against the alleged perpetrator in order to protect the health and safety of the petitioner or any family or household member of the petitioner. The order may be issued in an ex parte proceeding upon good cause shown when the petition is supported by an affidavit or sworn testimony before the judge or intake officer. Immediate and present danger of stalking or another criminal offense that may result in a serious bodily injury to the petitioner or evidence sufficient to establish probable cause that stalking or a criminal offense resulting in a serious bodily injury to the petitioner has recently occurred shall constitute good cause.
A preliminary protective order may include any one or more of the following conditions to be imposed on the respondent:
1. Prohibiting criminal offenses that may result in injury to person or property or acts of stalking in violation of § 18.2-60.3;
2. Prohibiting such other contacts by the respondent with the petitioner or the petitioner's family or household members as the court deems necessary for the health and safety of such persons; and
3. Such other conditions as the court deems necessary to prevent acts of stalking, criminal offenses that may result in injury to person or property, or communication or other contact of any kind by the respondent.
B. Upon receipt of the order by a local law-enforcement
agency for service, the agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network system established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52. Where practical, the The court may shall forthwith,
but in all cases no later than the end of the business day on which the order
was issued, enter and transfer identifying information provided
to the court electronically to the Virginia Criminal Information Network
system. A copy of a preliminary protective order and an addendum
containing any such identifying information shall be forwarded forthwith to the
primary law-enforcement agency responsible for service and entry of protective
orders. Upon receipt of the order and addendum by the primary law-enforcement
agency, the agency shall forthwith verify and enter any modification as
necessary to the identifying information and other appropriate information
required by the Department of State Police into the Virginia Criminal
Information Network established and maintained by the Department pursuant to
Chapter 2 (§ 52-12 et seq.) of Title 52 and the order shall be served
forthwith as soon as possible on the alleged stalker in person as
provided in § 16.1-264, and upon service, the agency making service shall
enter the date and time of service into the Virginia criminal information
network system due return made to the court. However, if the
order is issued by the circuit court, the clerk of the circuit court shall
forthwith forward an attested copy of the order and an addendum containing
identifying information to the primary law-enforcement agency providing service
and entry of protective orders and upon receipt of the order and addendum, the
primary law-enforcement agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network established and
maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title
52 and the order shall be served forthwith on the alleged stalker in person as
provided in § 16.1-264. Upon service, the agency making service shall enter the
date and time of service and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network and
make due return to the court. The preliminary order shall specify a date
for the full hearing. The hearing shall be held within 15 days of the issuance
of the preliminary order. However, upon motion of the respondent and for good
cause shown, the court may continue the hearing. The preliminary order shall
remain in effect until the hearing. Upon request after the order is issued, the
clerk shall provide the petitioner with a copy of the order and information
regarding the date and time of service. The order shall further specify that
either party may at any time file a motion with the court requesting a hearing
to dissolve or modify the order. The hearing on the motion shall be given
precedence on the docket of the court.
Upon receipt of the return of service or other proof of
service pursuant to subsection C of § 16.1-264, the clerk shall forward forthwith
forward an attested copy of the preliminary protective order to the
local police department or sheriff's office which shall, upon receipt, enter primary
law-enforcement agency and the agency shall forthwith verify and enter any
modification as necessary into the Virginia Criminal Information Network
system any other information required by the State Police which was not
previously entered as described above. If the order is later
dissolved or modified, a copy of the dissolution or modification order shall
also be attested, forwarded and entered forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders,
and upon receipt of the order by the primary law-enforcement agency, the agency
shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network system
as described above and the order shall be served forthwith and due
return made to the court.
C. The preliminary order is effective upon personal service on the alleged perpetrator. Except as otherwise provided in § 16.1-253.2, a violation of the order shall constitute contempt of court.
D. At a full hearing on the petition, the court may issue a protective order pursuant to § 19.2-152.10 if the court finds that the petitioner has proven the allegation of a criminal offense resulting in a serious bodily injury to the petitioner or stalking by a preponderance of the evidence.
E. No fees shall be charged for filing or serving petitions pursuant to this section.
F. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
G. As used in this section, "copy" includes a facsimile copy.
H. If any identifying information in the addendum is determined to be incorrect by the entering agency, the agency shall enter the corrected information into the Virginia Criminal Information Network.
§ 19.2-152.10. Protective order in cases of stalking and acts of violence.
A. The court may issue a protective order pursuant to this chapter to protect the health and safety of the petitioner and family or household members of a petitioner upon (i) the issuance of a warrant for a criminal offense resulting in a serious bodily injury to the petitioner, or a violation of § 18.2-60.3, (ii) a hearing held pursuant to subsection D of § 19.2-152.9, or (iii) a conviction for a criminal offense resulting in a serious bodily injury to the petitioner, or a violation of § 18.2-60.3. A protective order issued under this section may include any one or more of the following conditions to be imposed on the respondent:
1. Prohibiting criminal offenses that may result in injury to person or property, or acts of stalking in violation of § 18.2-60.3;
2. Prohibiting such contacts by the respondent with the petitioner or family or household members of the petitioner as the court deems necessary for the health or safety of such persons; and
3. Any other relief necessary to prevent criminal offenses that may result in injury to person or property, or acts of stalking, communication or other contact of any kind by the respondent.
B. The protective order may be issued for a specified period;
however, unless otherwise authorized by law, a protective order may not be
issued under this section for a period longer than two years. The protective
order shall expire at the end of the last day identified for the two-year
period and if no date is identified, it shall expire at the end of the two
years following the date of issuance. A copy of the protective order shall
be served on the respondent and provided to the petitioner as soon as possible.
The clerk shall upon receipt forward forthwith an attested copy of the order to
the local police department or sheriff's office which shall, upon receipt,
enter the name of the person subject to the order and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network system established and maintained by the
Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52. Where practical,
the The court may shall forthwith, but in all cases no
later than the end of the business day on which the order was issued, enter and
transfer identifying information provided to the court electronically
to the Virginia Criminal Information Network system and shall
forthwith forward the attested copy of the protective order and an addendum
containing any such identifying information to the primary law-enforcement
agency responsible for service and entry of protective orders. Upon
receipt of the order and addendum by the primary law-enforcement agency, the
agency shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network
established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et
seq.) of Title 52 and the order shall be served forthwith upon the respondent
and due return made to the court. However, if the order is issued by the
circuit court, the clerk of the circuit court shall forthwith forward an
attested copy of the order and an addendum containing identifying information
to the primary law-enforcement agency providing service and entry of protective
orders and upon receipt of the order and addendum, the primary law-enforcement
agency shall enter the name of the person subject to the order and other
appropriate information required by the Department of State Police into the
Virginia Criminal Information Network established and maintained by the
Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the order
shall be served forthwith on the respondent. Upon service, the agency making
service shall enter the date and time of service and other appropriate
information required into the Virginia Criminal Information Network and make
due return to the court. If the order is later dissolved or modified, a
copy of the dissolution or modification order shall also be attested, forwarded
and entered into the system as described above forthwith to the primary
law-enforcement agency responsible for service and entry of protective orders,
and upon receipt of the order by the primary law-enforcement agency, the agency
shall forthwith verify and enter any modification as necessary to the
identifying information and other appropriate information required by the
Department of State Police into the Virginia Criminal Information Network as
described above and the order shall be served forthwith and due return made to
the court.
C. Except as otherwise provided, a violation of a protective order issued under this section shall constitute contempt of court.
D. The court may assess costs and attorneys' fees against either party regardless of whether an order of protection has been issued as a result of a full hearing.
E. Any judgment, order or decree, whether permanent or
temporary, issued by a court of appropriate jurisdiction in another state, the
United States or any of its territories, possessions or Commonwealths, the
District of Columbia or by any tribal court of appropriate jurisdiction for the
purpose of preventing violent or threatening acts or harassment against or
contact or communication with or physical proximity to another person,
including any of the conditions specified in subsection A, shall be accorded
full faith and credit and enforced in the Commonwealth as if it were an order
of the Commonwealth, provided reasonable notice and opportunity to be heard
were given by the issuing jurisdiction to the person against whom the order is
sought to be enforced sufficient to protect such person's due process rights
and consistent with federal law. A person entitled to protection under such a
foreign order may file the order in any appropriate district court by filing
with the court, an attested or exemplified copy of the order. Upon such a
filing, the clerk shall forward forthwith forward an attested
copy of the order to the local police department or sheriff's office
primary law-enforcement agency responsible for service and entry of protective
orders which shall, upon receipt, enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network system established
and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of
Title 52. Where practical, the court may transfer information electronically
to the Virginia Criminal Information Network.
Upon inquiry by any law-enforcement agency of the Commonwealth, the clerk shall make a copy available of any foreign order filed with that court. A law-enforcement officer may, in the performance of his duties, rely upon a copy of a foreign protective order or other suitable evidence which has been provided to him by any source and may also rely upon the statement of any person protected by the order that the order remains in effect.
F. Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.
G. Neither a law-enforcement agency, the attorney for the Commonwealth, a court nor the clerk's office, nor any employee of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the person protected by the order or that of the family of such person, except to the extent that disclosure is (i) required by law or the Rules of the Supreme Court, (ii) necessary for law-enforcement purposes, or (iii) permitted by the court for good cause.
H. No fees shall be charged for filing or serving petitions pursuant to this section.
I. As used in this section, "copy" includes a facsimile copy.
J. If any identifying information in the addendum is determined to be incorrect by the entering agency, the agency shall enter the corrected information into the Virginia Criminal Information Network.
§ 19.2-390. Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies.
A. 1. Every state official or agency having the power to arrest, the sheriffs of counties, the police officials of cities and towns, and any other local law-enforcement officer or conservator of the peace having the power to arrest for a felony shall make a report to the Central Criminal Records Exchange, on forms provided by it, of any arrest, including those arrests involving the taking into custody of, or service of process upon, any person on charges resulting from an indictment, presentment or information, the arrest on capias or warrant for failure to appear, and the service of a warrant for another jurisdiction, on any of the following charges:
a. Treason;
b. Any felony;
c. Any offense punishable as a misdemeanor under Title 54.1; or
d. Any misdemeanor punishable by confinement in jail (i) under Title 18.2 or 19.2, except an arrest for a violation of § 18.2-119, Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2, or any similar ordinance of any county, city or town, or (ii) under § 20-61.
The reports shall contain such information as is required by the Exchange and shall be accompanied by fingerprints of the individual arrested. Effective January 1, 2006, the corresponding photograph of the individual arrested shall accompany the report. Fingerprint cards prepared by a law-enforcement agency for inclusion in a national criminal justice file shall be forwarded to the Exchange for transmittal to the appropriate bureau. Nothing in this section shall preclude each local law-enforcement agency from maintaining its own separate photographic database.
2. For persons arrested and released on summonses in accordance with § 19.2-74, such report shall not be required until (i) 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; (ii) the court dismisses the proceeding pursuant to § 18.2-251; or (iii) an acquittal by reason of insanity pursuant to § 19.2-182.2 is entered. Upon such conviction or acquittal, the court shall remand the individual to the custody of the office of the chief law-enforcement officer of the county or city. It shall be the duty of the chief law-enforcement officer, or his designee who may be the arresting officer, to ensure that such report is completed after a determination of guilt or acquittal by reason of insanity. The court shall require the officer to complete the report immediately following the person's conviction or acquittal, and the individual shall be discharged from custody forthwith, unless the court has imposed a jail sentence to be served by him or ordered him committed to the custody of the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services.
B. Within 72 hours following the receipt of (i) a warrant or
capias for the arrest of any person on a charge of a felony or (ii) a
Governor's warrant of arrest of a person issued pursuant to § 19.2-92, the
law-enforcement agency which received the warrant shall enter the person's name
and other appropriate information required by the Department of State Police
into the "information systems" known as the Virginia Criminal
Information Network (VCIN), established and maintained by the Department
pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52 and the National Crime
Information Center (NCIC), maintained by the Federal Bureau of Investigation.
The report shall include the person's name, date of birth, social security
number and such other known information which the State Police or Federal
Bureau of Investigation may require. Where feasible and practical, the
magistrate or court issuing the warrant or capias may transfer information
electronically into VCIN. When the information is electronically transferred to
VCIN, the court or magistrate shall forthwith forward the warrant or capias to
the local police department or sheriff's office. When criminal process has been
ordered destroyed pursuant to § 19.2-76.1, the law-enforcement agency
destroying such process shall ensure the removal of any information relating to
the destroyed criminal process from the VCIN and NCIC systems.
C. The clerk of each circuit court and district court shall
make a an electronic report to the Central Criminal Records
Exchange of (i) any dismissal, indefinite postponement or continuance, charge
still pending due to mental incompetency or incapacity, nolle prosequi,
acquittal, or conviction of, including any sentence imposed, or failure of a
grand jury to return a true bill as to, any person charged with an offense
listed in subsection A, including any action which may have resulted from an
indictment, presentment or information, and (ii) any adjudication of
delinquency based upon an act which, if committed by an adult, would require
fingerprints to be filed pursuant to subsection A. In the case of offenses not
required to be reported to the Exchange by subsection A, the reports of any of
the foregoing dispositions shall be filed by the law-enforcement agency making
the arrest with the arrest record required to be maintained by § 15.2-1722.
Upon conviction of any person, including juveniles tried and convicted in the
circuit courts pursuant to § 16.1-269.1, whether sentenced as adults or
juveniles, for an offense for which registration is required as defined in §
9.1-902, the clerk shall within seven days of sentencing submit a report to the
Sex Offender and Crimes Against Minors Registry. The report to the Registry
shall include the name of the person convicted and all aliases which he is
known to have used, the date and locality of the conviction for which
registration is required, his date of birth, social security number, last known
address, and specific reference to the offense for which he was convicted. No
report of conviction or adjudication in a district court shall be filed unless
the period allowed for an appeal has elapsed and no appeal has been perfected.
In the event that the records in the office of any clerk show that any
conviction or adjudication has been nullified in any manner, he shall also make
a report of that fact to the Exchange and, if appropriate, to the Registry. In
addition, each clerk of a circuit court, upon receipt of certification thereof
from the Supreme Court, shall report to the Exchange or the Registry, or to the
law-enforcement agency making the arrest in the case of offenses not required
to be reported to the Exchange, on forms provided by the Exchange or Registry,
as the case may be, any reversal or other amendment to a prior sentence or
disposition previously reported. When criminal process is ordered destroyed
pursuant to § 19.2-76.1, the clerk shall report such action to the
law-enforcement agency that entered the warrant or capias into the VCIN
system.
D. In addition to those offenses enumerated in subsection A of this section, the Central Criminal Records Exchange may receive, classify and file any other fingerprints, photographs, and records of arrest or confinement submitted to it by any law-enforcement agency or any correctional institution.
E. Corrections officials, sheriffs, and jail superintendents of regional jails, responsible for maintaining correctional status information, as required by the regulations of the Department of Criminal Justice Services, with respect to individuals about whom reports have been made under the provisions of this chapter shall make reports of changes in correctional status information to the Central Criminal Records Exchange. The reports to the Exchange shall include any commitment to or release or escape from a state or local correctional facility, including commitment to or release from a parole or probation agency.
F. Any pardon, reprieve or executive commutation of sentence by the Governor shall be reported to the Exchange by the office of the Secretary of the Commonwealth.
G. Officials responsible for reporting disposition of charges, and correctional changes of status of individuals under this section, including those reports made to the Registry, shall adopt procedures reasonably designed at a minimum (i) to ensure that such reports are accurately made as soon as feasible by the most expeditious means and in no instance later than 30 days after occurrence of the disposition or correctional change of status; and (ii) to report promptly any correction, deletion, or revision of the information.
H. Upon receiving a correction, deletion, or revision of information, the Central Criminal Records Exchange shall notify all criminal justice agencies known to have previously received the information.
As used in this section, the term:
"chief "Chief law-enforcement
officer" means the chief of police of cities and towns and sheriffs of
counties, unless a political subdivision has otherwise designated its chief
law-enforcement officer by appropriate resolution or ordinance, in which case
the local designation shall be controlling.
"Electronic report" means a report transmitted to, or otherwise forwarded to, the Central Criminal Records Exchange in an electronic format approved by the Exchange. The report shall contain the name of the person convicted and all aliases, which he is known to have used, the date and locality of the conviction, his date of birth, social security number, last known address, and specific reference to the offense including the Virginia Code section and any subsection, the Virginia crime code for the offense, and the offense tracking number for the offense for which he was convicted.
2. That the amendments to § 19.2-390 of the Code of Virginia of this act that require an electronic report to be made to the Central Criminal Records Exchange shall not become effective as to any circuit court clerks not currently using the case management system of the Supreme Court of Virginia until July 1, 2009. Until July 1, 2009, the circuit court clerks shall forthwith forward the report to the Central Criminal Records Exchange, using such methods as may be established jointly with the Virginia State Police. All circuit court clerks who are using the case management system of the Supreme Court of Virginia shall provide the reports in electronic format pursuant to § 19.2-390.