Bill Text: VA HB1821 | 2013 | Regular Session | Prefiled


Bill Title: Child Pornography Images Registry; exemptions from disclosure, etc.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-01-23 - Stricken from docket by Courts of Justice by voice vote [HB1821 Detail]

Download: Virginia-2013-HB1821-Prefiled.html
13101911D
HOUSE BILL NO. 1821
Offered January 9, 2013
Prefiled January 8, 2013
A BILL to amend and reenact §19.2-390.3 of the Code of Virginia, relating to Child Pornography Images Registry; exemptions from disclosure, etc.
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Patron-- Iaquinto
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1.  That §19.2-390.3 of the Code of Virginia is amended and reenacted as follows:

§19.2-390.3. Child Pornography Images Registry; maintenance; access.

A. The Office of the Attorney General, in cooperation with the Department of State Police, shall keep and maintain a Child Pornography Registry to be located within the State Police, separate and apart from all other records maintained by either department. The purpose of the Registry shall be to assist the efforts of law-enforcement agencies statewide to protect their communities from repeat child pornographers and to protect children from becoming victims of criminal offenders by aiding in identifying victims and perpetrators. Criminal justice agencies, including law-enforcement agencies, may request of the State Police a search and comparison of child pornography images contained within the Registry with those images obtained by criminal justice agencies during the course of official investigations.

B. The Registry shall include images of sexually explicit visual material in any form including any picture, photograph, drawing, sculpture, motion picture film, digital image or similar visual representation, presented as evidence and used in any conviction for any offense enumerated in §§18.2-374.1 and 18.2-374.1:1.

C. Registry information provided under this section shall be used for the purposes of the administration of criminal justice or for the protection of the public in general and children in particular. Use of the information or the images contained therein for purposes not authorized by this section is prohibited and a willful violation of this section with the intent to harass or intimidate another shall be punished as a Class 6 felony.

D. 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 possession, use or dissemination of the information or images is a crime punishable as a Class 6 felony.

E. All data, records, and reports related to child abuse and exploitation and all abstracts of such data, records, and reports that are in the possession of the Department pursuant to this section shall be confidential and exempt from the Virginia Freedom of Information Act (§2.2-3700 et seq.) and the Government Data Collection and Dissemination Practices Act (§2.2-3800 et seq.).

F. The provisions of Chapter 20.1 (§2.2-2005 et seq.) of Title 2.2 shall not apply to this section.

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