11103783D
HOUSE BILL NO. 2440
Offered January 19, 2011
A BILL to amend and reenact §§ 18.2-346 and 19.2-392.2 of the
Code of Virginia, relating to forced prostitution; expungement.
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Patrons-- Comstock, Ebbin, Bulova, Cole, Hugo, Keam, Kory, Plum and Watts
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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 §§ 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, 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.
C. If any person is
arrested, charged, or convicted of being a prostitute under § 18.2-346 and it is later discovered that at the
time of the offense the person was induced to engage in prostitution through
the use of force, intimidation, or deception by another, 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.
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.
DE. 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.
EF. 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.
FG. 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.
GH. 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.
HI. 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. Upon the entry of such order, it shall be treated
as provided in subsection K hereof L.
IJ. 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 hereof L.
JK. 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 hereof L.
KL. 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.
LM. Costs shall be as provided by
§ 17.1-275, but shall not be recoverable against the Commonwealth.
MN. 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.
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