VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 9.1-907 of the Code of
Virginia, relating to the Sex Offenders and Crimes Against Minors Registry;
verification of registration information.
[H 2228]
Approved
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.
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