13102040D
HOUSE BILL NO. 1465
Offered January 9, 2013
Prefiled December 28, 2012
A BILL to amend and reenact §§18.2-346 and 19.2-392.2 of the
Code of Virginia, relating to forced prostitution; expungement of prostitution
charges.
----------
Patron-- Watts
----------
Committee Referral Pending
----------
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-346 and 19.2-392.2 of the Code of
Virginia are amended and reenacted as follows:
§18.2-346. Being a prostitute or prostitution.
A. Any person who, for money or its equivalent, commits adultery,
fornication or any act in violation of §18.2-361, or offers to commit
adultery, fornication or any act in violation of §18.2-361 and thereafter does
any substantial act in furtherance thereof, shall be guilty of being a
prostitute, or prostitution, which shall be punishable as a Class 1
misdemeanor.
B. Any person who offers money or its equivalent to another
for the purpose of engaging in sexual acts as enumerated above and thereafter
does any substantial act in furtherance thereof shall be guilty of solicitation
of prostitution and shall be guilty of a Class 1 misdemeanor.
C. It shall be an
affirmative defense to prosecution under this section that
the person arrested or charged was induced to engage in prostitution through
the use of force, intimidation, or deception by another.
§19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime or
any offense defined in Title 18.2, and
1. Is acquitted, or
2. A nolle prosequi is taken or the charge is otherwise
dismissed, including dismissal by accord and satisfaction pursuant to §
19.2-151, or
3. Was
induced to engage in prostitution through the use of force, intimidation, or
deception by another, he may file a petition setting forth
the relevant facts and requesting expungement of the police records and the
court records relating to the charge.
B. If any person whose name or other identification has been
used without his consent or authorization by another person who has been
charged or arrested using such name or identification, he may file a petition
with the court disposing of the charge for relief pursuant to this section.
Such person shall not be required to pay any fees for the filing of a petition
under this subsection. A petition filed under this subsection shall include one
complete set of the petitioner's fingerprints obtained from a law-enforcement
agency.
C. Any
person arrested, charged, or convicted of being a prostitute under §18.2-346 who was
induced to engage in prostitution through the use of force, intimidation, or
deception by another, may file a petition with the court disposing of the
charge for relief pursuant to this section and shall
not be required to pay any fee for the filing of a petition under this
subsection.
D. The
petition with a copy of the warrant or indictment if reasonably available shall
be filed in the circuit court of the county or city in which the case was
disposed of by acquittal or being otherwise dismissed and shall contain, except
where not reasonably available, the date of arrest and the name of the
arresting agency. Where this information is not reasonably available, the
petition shall state the reason for such unavailability. The petition shall
further state the specific criminal charge to be expunged, the date of final
disposition of the charge as set forth in the petition, the petitioner's date
of birth, and the full name used by the petitioner at the time of arrest.
D. E. A
copy of the petition shall be served on the attorney for the Commonwealth of the
city or county in which the petition is filed. The attorney for the
Commonwealth may file an objection or answer to the petition within 21 days
after it is served on him.
E. F. The
petitioner shall obtain from a law-enforcement agency one complete set of the
petitioner's fingerprints and shall provide that agency with a copy of the
petition for expungement. The law-enforcement agency shall submit the set of
fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the
petition for expungement attached. The CCRE shall forward under seal to the
court a copy of the petitioner's criminal history, a copy of the source
documents that resulted in the CCRE entry that the petitioner wishes to
expunge, and the set of fingerprints. Upon completion of the hearing, the court
shall return the fingerprint card to the petitioner.
F. G. After
receiving the criminal history record information from the CCRE, the court
shall conduct a hearing on the petition. If the court finds that the continued
existence and possible dissemination of information relating to the arrest of
the petitioner causes or may cause circumstances which constitute a manifest
injustice to the petitioner, it shall enter an order requiring the expungement
of the police and court records, including electronic records, relating to the
charge. Otherwise, it shall deny the petition. However, if the petitioner has
no prior criminal record and the arrest was for a misdemeanor violation, the
petitioner shall be entitled, in the absence of good cause shown to the
contrary by the Commonwealth, to expungement of the police and court records
relating to the charge, and the court shall enter an order of expungement.
G. H. The
Commonwealth shall be made party defendant to the proceeding. Any party aggrieved
by the decision of the court may appeal, as provided by law in civil cases.
H. I. Notwithstanding
any other provision of this section, when the charge is dismissed because the
court finds that the person arrested or charged is not the person named in the
summons, warrant, indictment or presentment, the court dismissing the charge
shall, upon motion of the person improperly arrested or charged, enter an order
requiring expungement of the police and court records relating to the charge.
Such order shall contain a statement that the dismissal and expungement are
ordered pursuant to this subsection and shall be accompanied by the complete
set of the petitioner's fingerprints filed with his petition. Upon the entry of
such order, it shall be treated as provided in subsection K L hereof.
I. J. Notwithstanding
any other provision of this section, when a person has been granted an absolute
pardon for the commission of a crime that he did not commit, he may file in the
circuit court of the county or city in which the conviction occurred a petition
setting forth the relevant facts and requesting expungement of the police
records and the court records relating to the charge and conviction, and the court
shall enter an order requiring expungement of the police and court records
relating to the charge and conviction. Such order shall contain a statement
that the expungement is ordered pursuant to this subsection. Upon the entry of
such order, it shall be treated as provided in subsection K L hereof.
J. K. Upon
receiving a copy of a writ vacating a conviction pursuant to §19.2-327.5 or
19.2-327.13, the court shall enter an order requiring expungement of the police
and court records relating to the charge and conviction. Such order shall
contain a statement that the expungement is ordered pursuant to this
subsection. Upon the entry of the order, it shall be treated as provided in
subsection K L hereof.
K. L. Upon
the entry of an order of expungement, the clerk of the court shall cause a copy
of such order to be forwarded to the Department of State Police, which shall,
pursuant to rules and regulations adopted pursuant to §9.1-134, direct the
manner by which the appropriate expungement or removal of such records shall be
effected.
L. M. Costs
shall be as provided by §17.1-275, but shall not be recoverable against the
Commonwealth.
M. N. Any
order entered where (i) the court or parties failed to strictly comply with the
procedures set forth in this section or (ii) the court enters an order of
expungement contrary to law, shall be voidable upon motion and notice made
within three years of the entry of such order.
| 
