SB918: Sex offender registration; verification.
Be it enacted by the General Assembly of Virginia:
1. That § 9.1-907 of the Code of Virginia is amended and reenacted as follows:
§ 9.1-907. Procedures upon a failure to register or reregister.
A. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register or reregister, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person last registered or reregistered or, if the person failed to comply with the duty to register, in the jurisdiction in which the person was last convicted of an offense for which registration or reregistration is required or if the person was convicted of an offense requiring registration outside the Commonwealth, in the jurisdiction in which the person resides. The State Police shall forward to the jurisdiction an affidavit signed by a custodian of the records that such person failed to comply with the duty to register or reregister. If such affidavit is admitted into evidence, it shall constitute prima facie evidence of the failure to comply with the duty to register or reregister in any trial or hearing for the violation of § 18.2-472.1, provided that in a trial or hearing other than a preliminary hearing, the requirements of subsection G of § 18.2-472.1 have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H of § 18.2-472.1. The State Police shall also promptly notify the local law-enforcement agency of the jurisdiction of the person's last known residence as shown in the records of the State Police.
B. Nothing in this section shall prohibit a law-enforcement officer employed by a sheriff's office or police department of a locality from enforcing the provisions of this chapter, including obtaining a warrant, or assisting in obtaining an indictment for a violation of § 18.2-472.1. The local law-enforcement agency shall notify the State Police forthwith of such actions taken pursuant to this chapter or under the authority granted pursuant to this section.
C. The State Police shall physically verify or cause to be
physically verified the registration information within 30 days of the initial
registration and semiannually each year thereafter and within 30 days of a
change of address of those persons who are not under the control of the
Department of Corrections or Community Supervision community
supervision as defined by § 53.1-1, who are required to register pursuant
to this chapter. Whenever it appears that a person has provided false
registration information, the State Police shall promptly investigate and, if
there is probable cause to believe that a violation has occurred, obtain a
warrant or assist in obtaining an indictment charging a violation of §
18.2-472.1 in the jurisdiction in which the person last registered or reregistered.
The State Police shall forward to the jurisdiction an affidavit signed by a
custodian of the records that such person failed to comply with the provisions
of this chapter. If such affidavit is admitted into evidence, it shall
constitute prima facie evidence of the failure to comply with the provisions of
this chapter in any trial or hearing for the violation of § 18.2-472.1,
provided that in a trial or hearing other than a preliminary hearing, the
requirements of subsection G of § 18.2-472.1 have been satisfied and the
accused has not objected to the admission of the affidavit pursuant to
subsection H of § 18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.
D. The Department of Corrections or Community Supervision community
supervision as defined by § 53.1-1 shall physically verify or cause to
be physically verified by the State Police the registration information within
30 days of the original registration and semiannually each year thereafter and
within 30 days of a change of address of all persons who are under the control
of the Department of Corrections or Community Supervision community
supervision, and those who are under supervision pursuant to § 37.2-919,
who are required to register pursuant to this chapter. The Department of
Corrections or Community Supervision community supervision, upon
request, shall provide the State Police the verification information, in an
electronic format approved by the State Police, regarding persons under their
control who are required to register pursuant to the chapter. Whenever it
appears that a person has provided false registration information, the
Department of Corrections or Community Supervision community
supervision shall promptly notify the State Police, who shall investigate
and, if there is probable cause to believe that a violation has occurred,
obtain a warrant or assist in obtaining an indictment charging a violation of §
18.2-472.1 in the jurisdiction in which the person last registered or
reregistered. The State Police shall forward to the jurisdiction an affidavit
signed by a custodian of the records that such person failed to comply with the
provisions of this chapter. If such affidavit is admitted into evidence, it
shall constitute prima facie evidence of the failure to comply with the
provisions of this chapter in any trial or hearing for the violation of §
18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of § 18.2-472.1 have been satisfied
and the accused has not objected to the admission of the affidavit pursuant to
subsection H of § 18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.
Be it enacted by the General Assembly of Virginia:
1. That § 9.1-907 of the Code of Virginia is amended and reenacted as follows:
§ 9.1-907. Procedures upon a failure to register or reregister.
A. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register or reregister, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person last registered or reregistered or, if the person failed to comply with the duty to register, in the jurisdiction in which the person was last convicted of an offense for which registration or reregistration is required or if the person was convicted of an offense requiring registration outside the Commonwealth, in the jurisdiction in which the person resides. The State Police shall forward to the jurisdiction an affidavit signed by a custodian of the records that such person failed to comply with the duty to register or reregister. If such affidavit is admitted into evidence, it shall constitute prima facie evidence of the failure to comply with the duty to register or reregister in any trial or hearing for the violation of § 18.2-472.1, provided that in a trial or hearing other than a preliminary hearing, the requirements of subsection G of § 18.2-472.1 have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H of § 18.2-472.1. The State Police shall also promptly notify the local law-enforcement agency of the jurisdiction of the person's last known residence as shown in the records of the State Police.
B. Nothing in this section shall prohibit a law-enforcement officer employed by a sheriff's office or police department of a locality from enforcing the provisions of this chapter, including obtaining a warrant, or assisting in obtaining an indictment for a violation of § 18.2-472.1. The local law-enforcement agency shall notify the State Police forthwith of such actions taken pursuant to this chapter or under the authority granted pursuant to this section.
C. The State Police shall physically verify or cause to be
physically verified the registration information within 30 days of the initial
registration and semiannually each year thereafter and within 30 days of a
change of address of those persons who are not under the control of the Department
of Corrections or Community Supervision community supervision as
defined by § 53.1-1, who are required to register pursuant to this chapter.
Whenever it appears that a person has provided false registration information,
the State Police shall promptly investigate and, if there is probable cause to
believe that a violation has occurred, obtain a warrant or assist in obtaining
an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which
the person last registered or reregistered. The State Police shall forward to
the jurisdiction an affidavit signed by a custodian of the records that such
person failed to comply with the provisions of this chapter. If such affidavit
is admitted into evidence, it shall constitute prima facie evidence of the
failure to comply with the provisions of this chapter in any trial or hearing
for the violation of § 18.2-472.1, provided that in a trial or hearing other
than a preliminary hearing, the requirements of subsection G of § 18.2-472.1
have been satisfied and the accused has not objected to the admission of the
affidavit pursuant to subsection H of § 18.2-472.1. The State Police shall also
promptly notify the local law-enforcement agency of the jurisdiction of the
person's last known residence as shown in the records of the State Police.
D. The Department of Corrections or Community Supervision community
supervision as defined by § 53.1-1 shall physically verify or cause to
be physically verified [ by the Department
of State Police ] the registration information within 30 days of
the original registration and semiannually each year thereafter and within 30
days of a change of address of all persons who are under the control of the
Department of Corrections or Community Supervision community
supervision, and those who are under supervision pursuant to § 37.2-919,
who are required to register pursuant to this chapter. The Department of
Corrections or Community Supervision community supervision, upon
request, shall provide the State Police the verification information, in an
electronic format approved by the State Police, regarding persons under their
control who are required to register pursuant to the chapter. Whenever it
appears that a person has provided false registration information, the
Department of Corrections or Community Supervision community
supervision shall promptly notify the State Police, who shall investigate
and, if there is probable cause to believe that a violation has occurred,
obtain a warrant or assist in obtaining an indictment charging a violation of §
18.2-472.1 in the jurisdiction in which the person last registered or
reregistered. The State Police shall forward to the jurisdiction an affidavit
signed by a custodian of the records that such person failed to comply with the
provisions of this chapter. If such affidavit is admitted into evidence, it
shall constitute prima facie evidence of the failure to comply with the
provisions of this chapter in any trial or hearing for the violation of §
18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of § 18.2-472.1 have been satisfied
and the accused has not objected to the admission of the affidavit pursuant to
subsection H of § 18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.
SENATE BILL NO. 918
Be it enacted by the General Assembly of Virginia:
1. That § 9.1-907 of the Code of Virginia is amended and reenacted as follows:
§ 9.1-907. Procedures upon a failure to register or reregister.
A. Whenever it appears from the records of the State Police that a person has failed to comply with the duty to register or reregister, the State Police shall promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person last registered or reregistered or, if the person failed to comply with the duty to register, in the jurisdiction in which the person was last convicted of an offense for which registration or reregistration is required or if the person was convicted of an offense requiring registration outside the Commonwealth, in the jurisdiction in which the person resides. The State Police shall forward to the jurisdiction an affidavit signed by a custodian of the records that such person failed to comply with the duty to register or reregister. If such affidavit is admitted into evidence, it shall constitute prima facie evidence of the failure to comply with the duty to register or reregister in any trial or hearing for the violation of § 18.2-472.1, provided that in a trial or hearing other than a preliminary hearing, the requirements of subsection G of § 18.2-472.1 have been satisfied and the accused has not objected to the admission of the affidavit pursuant to subsection H of § 18.2-472.1. The State Police shall also promptly notify the local law-enforcement agency of the jurisdiction of the person's last known residence as shown in the records of the State Police.
B. Nothing in this section shall prohibit a law-enforcement officer employed by a sheriff's office or police department of a locality from enforcing the provisions of this chapter, including obtaining a warrant, or assisting in obtaining an indictment for a violation of § 18.2-472.1. The local law-enforcement agency shall notify the State Police forthwith of such actions taken pursuant to this chapter or under the authority granted pursuant to this section.
C. The State Police shall physically verify or cause to be
physically verified the registration information within 30 days of the initial
registration and semiannually each year thereafter and within 30 days of a
change of address of those persons who are not under the control of the
Department of Corrections or Community Supervision
community
supervision as defined by § 53.1-1, who are required to
register pursuant to this chapter. Whenever it appears that a person has
provided false registration information, the State Police shall promptly
investigate and, if there is probable cause to believe that a violation has
occurred, obtain a warrant or assist in obtaining an indictment charging a
violation of § 18.2-472.1 in the jurisdiction in which the person last
registered or reregistered. The State Police shall forward to the jurisdiction
an affidavit signed by a custodian of the records that such person failed to
comply with the provisions of this chapter. If such affidavit is admitted into
evidence, it shall constitute prima facie evidence of the failure to comply
with the provisions of this chapter in any trial or hearing for the violation
of § 18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of § 18.2-472.1 have been satisfied
and the accused has not objected to the admission of the affidavit pursuant to
subsection H of § 18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.
D. The Department of Corrections or Community
Supervision community supervision
as defined by § 53.1-1 shall physically verify or cause to be physically verified
the registration information within 30 days of the original registration and
semiannually each year thereafter and within 30 days of a change of address of
all persons who are under the control of the Department of Corrections or Community Supervision community supervision, and
those who are under supervision pursuant to § 37.2-919, who are required to
register pursuant to this chapter. The Department of Corrections or Community Supervision community supervision, upon
request, shall provide the State Police the verification information, in an
electronic format approved by the State Police, regarding persons under their
control who are required to register pursuant to the chapter. Whenever it
appears that a person has provided false registration information, the
Department of Corrections or Community Supervision
community
supervision shall promptly notify the State Police, who
shall investigate and, if there is probable cause to believe that a violation
has occurred, obtain a warrant or assist in obtaining an indictment charging a
violation of § 18.2-472.1 in the jurisdiction in which the person last
registered or reregistered. The State Police shall forward to the jurisdiction
an affidavit signed by a custodian of the records that such person failed to
comply with the provisions of this chapter. If such affidavit is admitted into
evidence, it shall constitute prima facie evidence of the failure to comply
with the provisions of this chapter in any trial or hearing for the violation
of § 18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of § 18.2-472.1 have been satisfied
and the accused has not objected to the admission of the affidavit pursuant to
subsection H of § 18.2-472.1. The State Police shall also promptly notify the
local law-enforcement agency of the jurisdiction of the person's last known
residence as shown in the records of the State Police.