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VA:9.1-909
|
9.1-909
|
Relief from registration, reregistration, or verification
|
<p>A. Upon expiration of three years from the date upon which the duty to register as a Tier III offender or murderer is imposed, the person required to register may petition the court in which he was convicted or, if the conviction occurred outside of the Commonwealth, the circuit court in the jurisdiction where he currently resides, for relief from the requirement to verify his registration information four times each year at three-month intervals. After five years from the date of his last conviction for a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>, a Tier III offender or murderer may petition for relief from the requirement to verify his registration information every month. A person who is required to register may similarly petition the circuit court for relief from the requirement to verify his registration twice each year after five years from the date of his last conviction for a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a>. The court shall hold a hearing on the petition, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior. Prior to the hearing the court shall order a comprehensive assessment of the applicant by a panel of three certified sex offender treatment providers as defined in § <a href='/vacode/54.1-3600/'>54.1-3600</a>. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.</p><p>If, after consideration of the report and such other evidence as may be presented at the hearing, the court finds by clear and convincing evidence that the person does not suffer from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior, the petition shall be granted and the duty to verify his registration information more frequently than once a year shall be terminated. The court shall promptly notify the State Police upon entry of an order granting the petition. The person shall, however, be under a continuing duty to register annually for life. If the petition is denied, the duty to verify his registration information with the same frequency as before shall continue. A denial of a petition shall be appealable pursuant to § <a href='/vacode/17.1-405/'>17.1-405</a>.</p><p>A petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.</p><p>B. The duly appointed guardian of a person convicted of an offense requiring registration, reregistration, or verification of his registration information as either a Tier I, Tier II, or Tier III offender or murderer, who due to a physical condition is incapable of (i) reoffending and (ii) reregistering or verifying his registration information, may petition the court in which the person was convicted for relief from the requirement to reregister or verify his registration information. The court shall hold a hearing on the petition, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. Prior to the hearing the court shall order a comprehensive assessment of the applicant by at least two licensed physicians other than the person's primary care physician. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.</p><p>If, after consideration of the report and such other evidence as may be presented at the hearing, the court finds by clear and convincing evidence that due to his physical condition the person (i) no longer poses a menace to the health and safety of others and (ii) is incapable of reregistering or verifying his registration information, the petition shall be granted and the duty to reregister or verify his registration information shall be terminated. However, for a person whose duty to reregister or verify his registration information was terminated under this subsection, the Department of State Police shall, annually for Tier I or Tier II offenders and quarterly for persons convicted of Tier III offenses and murder, verify and report to the attorney for the Commonwealth in the jurisdiction in which the person resides that the person continues to suffer from the physical condition that resulted in such termination.</p><p>The court shall promptly notify the State Police upon entry of an order granting the petition to terminate the duty to reregister.</p><p>If the petition is denied, the duty to reregister shall continue. An appeal from the denial of a petition shall be to the Court of Appeals.</p><p>A petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.</p><p>If, at any time, the person's physical condition changes so that he is capable of reoffending, reregistering, or verifying his registration information, the attorney for the Commonwealth shall file a petition with the circuit court in the jurisdiction where the person resides and the court shall hold a hearing on the petition, with notice to the person and his guardian, to determine whether the person still suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. If the petition is granted, the duty to reregister shall commence from the date of the court's order. An appeal from the denial or granting of a petition shall be to the Court of Appeals. Prior to the hearing the court shall order a comprehensive assessment of the applicant by at least two licensed physicians other than the person's primary care physician. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0489'>489</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-909/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-910
|
9.1-910
|
Removal of name and information from Registry
|
<p>A. Any person required to register, other than a person who has been convicted of any (i) Tier III offense, (ii) two or more offenses for which registration is required, (iii) a violation of former § <a href='/vacode/18.2-67.2:1/'>18.2-67.2:1</a>, or (iv) murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. A person who is required to register for a single Tier I offense may petition the court no earlier than 15 years from the later of the date of initial registration or the date of his last conviction for (a) a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> or (b) any felony. A person who is required to register for a single Tier II offense may petition the court no earlier than 25 years from the later of the date of initial registration or the date of his last conviction for (1) a violation of § <a href='/vacode/18.2-472.1/'>18.2-472.1</a> or (2) any felony.</p><p>B. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. The court shall obtain a copy of the petitioner's complete criminal history and registration, reregistration, and verification of registration information history from the Registry and then hold a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The Commonwealth shall be made a party to any action under this section. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry.</p><p>C. The State Police shall remove from the Registry the name of any person and all identifying information upon receipt of an order granting a petition pursuant to subsection B.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0631'>631</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0718'>718</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0877'>877</a>; 2018, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0068'>68</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-910/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-911
|
9.1-911
|
Registry maintenance
|
<p>The Registry shall include conviction data received from the courts, including the disposition records for juveniles tried and convicted in the circuit courts pursuant to § <a href='/vacode/16.1-269.1/'>16.1-269.1</a>, on convictions for offenses for which registration is required and registrations, reregistrations, and verifications of registration information received from persons required to do so. The Registry shall also include a separate indication that a person has been convicted of a Tier III offense. The State Police shall forthwith transmit the appropriate information as required by the Federal Bureau of Investigation for inclusion in the National Sex Offender Registry.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-911/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-912
|
9.1-912
|
Registry access and dissemination; fees
|
<p>A. Except as provided in § <a href='/vacode/9.1-913/'>9.1-913</a> and subsection B or C of this section, Registry information shall be disseminated upon request made directly to the State Police or to the State Police through a local law-enforcement agency. Such information may be disclosed to any person requesting information on a specific individual in accordance with subsection B. The State Police shall make Registry information available, upon request, to criminal justice agencies including local law-enforcement agencies through the Virginia Criminal Information Network (VCIN). Registry information provided under this section shall be used for the purposes of the administration of criminal justice, for the screening of current or prospective employees or volunteers or otherwise for the protection of the public in general and children in particular. The Superintendent of State Police may by regulation establish a fee not to exceed $15 for responding to requests for information from the Registry. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the Registry.</p><p>B. Information regarding a specific person shall be disseminated upon receipt of an official request form that may be submitted directly to the State Police or to the State Police through a local law-enforcement agency. The official request form shall include a statement of the reason for the request; the name and address of the person requesting the information; the name, address and, if known, the social security number of the person about whom information is sought; and such other information as the State Police may require to ensure reliable identification.</p><p>C. Registry information regarding all registered offender's electronic mail address information, any instant message, chat or other Internet communication name or identity information may be electronically transmitted by the Department of State Police to a business or organization that offers electronic communication or remote computing services for the purpose of prescreening users or for comparison with information held by the requesting business or organization. In order to obtain the information from the Department of State Police, the requesting business or organization that offers electronic communication or remote computing services shall agree to notify the Department of State Police forthwith when a comparison indicates that any such registered offender's electronic mail address information, any instant message, chat or other Internet communication name or identity information is being used on their system. The requesting business or organization shall also agree that the information will not be further disseminated.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0759'>759</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0823'>823</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-912/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-913
|
9.1-913
|
Public dissemination by means of the Internet
|
<p>The State Police shall develop and maintain a system for making certain Registry information on persons convicted of an offense for which registration is required publicly available by means of the Internet. The information to be made available shall include the offender's name; all aliases that he has used or under which he may have been known; the date and locality of the conviction and a brief description of the offense; his age, current address, and photograph; his current work address; the name of any institution of higher education at which he is currently enrolled; and such other information as the State Police may from time to time determine is necessary to preserve public safety, including but not limited to the fact that an individual is wanted for failing to register, reregister, or verify his registration information. The system shall be secure and not capable of being altered except by the State Police. The system shall be updated each business day with newly received registrations, reregistrations and verifications of registration information. The State Police shall remove all information that it knows to be inaccurate from the Internet system.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0603'>603</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0335'>335</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-913/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-914
|
9.1-914
|
Automatic notification of registration to certain entities; electronic notification to requesting persons
|
<p>Any school or day-care service and child-minding service; state-regulated or state-licensed child day center, child day program, or family day home as those terms are defined in § <a href='/vacode/22.1-289.02/'>22.1-289.02</a>; assisted living facility, children's residential facility, or foster home as those terms are defined in § <a href='/vacode/63.2-100/'>63.2-100</a>; nursing home or certified nursing facility as those terms are defined in § <a href='/vacode/32.1-123/'>32.1-123</a>; association of a common interest community as defined in § <a href='/vacode/54.1-2345/'>54.1-2345</a>; and institution of higher education may request from the State Police and, upon compliance with the requirements therefor established by the State Police, shall be eligible to receive from the State Police electronic notice of the registration, reregistration, or verification of registration information of any offender and if such entities do not have the capability of receiving such electronic notice, the entity may register with the State Police to receive written notification of offender registration, reregistration, or verification of registration information. Within three business days of receipt by the State Police of registration, reregistration, or verification of registration information, the State Police shall electronically or in writing notify an entity listed above that has requested such notification, has complied with the requirements established by the State Police and is located in the same or a contiguous zip code area as the address of the offender as shown on the registration.</p><p>The Virginia Council for Private Education shall annually provide the State Police, in an electronic format approved by the State Police, with the location of every private school in the Commonwealth that is accredited through one of the approved accrediting agencies of the Council, and an electronic mail address for each school if available, for purposes of receiving notice under this section.</p><p>Any person may request from the State Police and, upon compliance with the requirements therefor established by the State Police, shall be eligible to receive from the State Police electronic notice of the registration, reregistration, or verification of registration information of any offender. Within three business days of receipt by the State Police of registration, reregistration, or verification of registration information, the State Police shall electronically notify a person who has requested such notification, has complied with the requirements established by the State Police and is located in the same or a contiguous zip code area as the address of the offender as shown on the registration.</p><p>The State Police shall establish reasonable guidelines governing the automatic dissemination of Registry information, which may include the payment of a fee, whether a one-time fee or a regular assessment, to maintain the electronic access. The fee, if any, shall defray the costs of establishing and maintaining the electronic notification system and notice by mail.</p><p>For the purposes of this section:</p><p>"Child-minding service" means provision of temporary custodial care or supervisory services for the minor child of another;</p><p>"Day-care service" means provision of supplementary care and protection during a part of the day for the minor child of another; and</p><p>"School" means any public, religious or private educational institution, including any preschool, elementary school, secondary school, post-secondary school, trade or professional institution, or institution of higher education.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0928'>928</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0119'>119</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0164'>164</a>; 2016, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0424'>424</a>; 2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0860'>860</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0861'>861</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-914/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-915
|
9.1-915
|
Regulations
|
<p>The Superintendent of State Police shall promulgate regulations and develop forms to implement and enforce this chapter; including the operation and maintenance of the Registry and the removal of records on persons who are deceased, whose convictions have been reversed or who have been pardoned, and those for whom an order of removal or relief from frequent registration has been entered. Such regulations and forms shall not be subject to the provisions of Article 2 (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4006/'>2.2-4006</a> et seq.) of the Administrative Process Act. </p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-915/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-916
|
9.1-916
|
Requests for Registry data by Virginia Criminal Sentencing Commission; confidentiality
|
<p>Upon request of the Virginia Criminal Sentencing Commission, the Department of State Police shall provide the Commission with Registry data in an electronic format. The Commission may use the data for research, evaluative or statistical purposes only and shall ensure the confidentiality and security of the data.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0391'>391</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-916/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-917
|
9.1-917
|
Limitation on liability
|
<p>No liability shall be imposed upon any law-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this chapter, but this provision shall not be construed to grant immunity for gross negligence or willful misconduct.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-917/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-918
|
9.1-918
|
Misuse of registry or supplement information; penalty
|
<p>Use of registry information or information from the Supplement to the Registry established pursuant to § <a href='/vacode/9.1-923/'>9.1-923</a> for purposes not authorized by this chapter is prohibited, the unlawful use of the information contained in or derived from the Registry or Supplement for purposes of intimidating or harassing another is prohibited, and a willful violation of this chapter is a Class 1 misdemeanor. For purposes of this section, absent other aggravating circumstances, the mere republication or reasonable distribution of material contained on or derived from the publicly available Internet offender database shall not be deemed intimidation or harassment.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>; 2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0594'>594</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0603'>603</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0829'>829</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-918/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-919
|
9.1-919
|
Notice of penalty on forms and documents
|
<p>The Virginia Criminal Information Network and any form or document used by the Department of State Police to disseminate information from the Registry shall provide notice that any unauthorized use of the information with the intent to harass or intimidate another is a crime punishable as a Class 1 misdemeanor.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0391'>391</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-919/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
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VA:9.1-920
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9.1-920
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Liberal construction
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<p>This chapter, being necessary for the welfare of the Commonwealth and its inhabitants, shall be liberally construed to effect the purposes hereof.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0584'>584</a>; 2015, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0709'>709</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-920/
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VA:Title-9.1-Chapter-9
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9
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Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-921
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9.1-921
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Exemption of information systems from provisions related to the Virginia Information Technologies Agency
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<p>The provisions of Chapter 20.1 (§ <a href='http://law.lis.virginia.gov/vacode/2.2-2005/'>2.2-2005</a> et seq.) of Title 2.2 shall not apply to the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ <a href='http://law.lis.virginia.gov/vacode/9.1-900/'>9.1-900</a> et seq.) of Title 9.1, operated by the Department of State Police or to information technology as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-2006/'>2.2-2006</a> operated by the Department of Juvenile Justice, Department of Corrections or the Virginia Compensation Board that interact, furnish, update, contain or exchange information with the Sex Offender and Crimes Against Minors Registry.</p><p>2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0857'>857</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0914'>914</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-921/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-922
|
9.1-922
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Use of Registry data by Statewide Automated Victim Notification (SAVIN) system; confidentiality
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<p>Upon request of the Compensation Board, the Department of State Police shall provide the Statewide Automated Victim Notification (SAVIN) system with Registry data in an electronic format. The Board or its contractor may use the data for verification of registrant status and notification of victims and law enforcement regarding changes in status of persons on the Registry and shall ensure the confidentiality and security of the data.</p><p>2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0076'>76</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0338'>338</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-922/
|
VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
VA:9.1-923
|
9.1-923
|
Supplement to the Sex Offender and Crimes Against Minors Registry established
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<p>A. The Superintendent of State Police shall establish a Supplement to the Registry of information composed of persons who were convicted of an offense listed in subsection B on or after July 1, 1980, and before July 1, 1994, but whose names are not on the Registry. Access to the Supplement to the Registry shall be made available to the public on the website of the Department of State Police and shall contain the following information for each person: name, year of birth, the date of the conviction, the jurisdiction in which the conviction occurred, the person's age on the date of the conviction, the offense of which he was convicted, and the Code of Virginia section of the conviction.</p><p>B. Information on the following offenses where the conviction occurred on or after July 1, 1980, and before July 1, 1994, shall be listed in the Supplement: clause (i) of § <a href='http://law.lis.virginia.gov/vacode/18.2-48/'>18.2-48</a> if the victim was a minor; clauses (ii) and (iii) of § <a href='http://law.lis.virginia.gov/vacode/18.2-48/'>18.2-48</a>; § <a href='http://law.lis.virginia.gov/vacode/18.2-61/'>18.2-61</a>; § <a href='http://law.lis.virginia.gov/vacode/18.2-63/'>18.2-63</a> if the victim was under 13 years of age; subsection A of § <a href='http://law.lis.virginia.gov/vacode/18.2-63/'>18.2-63</a> if the offender was more than five years older than the victim; §§ <a href='http://law.lis.virginia.gov/vacode/18.2-67.1/'>18.2-67.1</a>, <a href='http://law.lis.virginia.gov/vacode/18.2-67.2/'>18.2-67.2</a>, and <a href='http://law.lis.virginia.gov/vacode/18.2-67.3/'>18.2-67.3</a>; § <a href='http://law.lis.virginia.gov/vacode/18.2-67.4/'>18.2-67.4</a> if the victim was a minor; subsections A and B of § <a href='http://law.lis.virginia.gov/vacode/18.2-67.5/'>18.2-67.5</a>; subsection C of § <a href='http://law.lis.virginia.gov/vacode/18.2-67.5/'>18.2-67.5</a> if the victim was a minor; § <a href='http://law.lis.virginia.gov/vacode/18.2-361/'>18.2-361</a> if the victim was a minor; and §§ <a href='http://law.lis.virginia.gov/vacode/18.2-370/'>18.2-370</a>, <a href='http://law.lis.virginia.gov/vacode/18.2-370.1/'>18.2-370.1</a>, and <a href='http://law.lis.virginia.gov/vacode/18.2-374.1/'>18.2-374.1</a>.</p><p>C. Persons whose names and conviction information appear on the Supplement are not subject to the registration requirements of this chapter and are not considered persons for whom registration is required unless they are required to register pursuant to other provisions of this chapter.</p><p>D. A person whose name and conviction information appear on the Supplement may, regardless of the date of conviction, petition the circuit court in which he was convicted or the circuit court where he then resides for removal of his name and conviction information from the Supplement if the offense he was convicted of would qualify for removal from the Registry under § <a href='http://law.lis.virginia.gov/vacode/9.1-910/'>9.1-910</a>. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. The court shall obtain a copy of the petitioner's complete criminal history and then hold a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The Commonwealth shall be made a party to any action under this subsection. If after such a hearing, the court is satisfied that such person does not pose a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of denial to file a new petition for removal from the Supplement. The State Police shall remove from the Supplement the name and conviction information upon receipt of an order granting a petition pursuant to this subsection.</p><p>E. The Superintendent of State Police shall complete the Supplement to the Registry prior to January 1, 2016.</p><p>2015, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0594'>594</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0603'>603</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title9.1/chapter9/section9.1-923/
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VA:Title-9.1-Chapter-9
|
9
|
Sex Offender and Crimes Against Minors Registry Act
|
VA:Title-9.1
|
9.1
|
Commonwealth Public Safety
|
VA
|
Code of Virginia
|
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