Bill Text: VA HB624 | 2012 | Regular Session | Comm Sub
Bill Title: Sex offender registry; juvenile registration.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2012-03-10 - House: Failed to pass in House [HB624 Detail]
Download: Virginia-2012-HB624-Comm_Sub.html
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12105614D
Be it enacted by the General Assembly of Virginia: 1. That §§9.1-902 and 9.1-913 of the Code of Virginia are amended and reenacted as follows: §9.1-902. Offenses requiring registration. A. For purposes of this chapter: "Offense for which registration is required" includes: 1. Any offense listed in subsection B; 2. Criminal homicide; 3. Murder; 4. A sexually violent offense; 5. Any offense similar to those listed in subdivisions 1 through 4 under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof; and 6. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted. B. The offenses included under this subsection include any violation of, attempted violation of, or conspiracy to violate: 1. §18.2-63; unless registration is required pursuant to subdivision E 1; §18.2-64.1; former §18.2-67.2:1; §18.2-90 with the intent to commit rape; subsection B or C of §18.2-374.1:1; former subsection D of § 18.2-374.1:1 as it was in effect from July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of §18.2-374.3 as it was in effect on June 30, 2007; or subsection B, C, or D of §18.2-374.3; or a third or subsequent conviction of (i) §18.2-67.4, (ii) §18.2-67.4:2, (iii) subsection C of § 18.2-67.5 or (iv) §18.2-386.1. If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section; subsection A of §18.2-374.1:1; or a felony under §18.2-67.5:1. 2. Where the victim is a minor or is physically helpless or mentally incapacitated as defined in §18.2-67.10, subsection A of §18.2-47, clause (i) of §18.2-48, §18.2-67.4, subsection C of §18.2-67.5, §18.2-361, or 18.2-366. 3. §18.2-370.6. C. "Criminal homicide" means a homicide in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of §18.2-371 or §18.2-371.1, when the offenses arise out of the same incident. D. "Murder" means a violation of, attempted violation of, or conspiracy to violate §18.2-31 or §18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section. E. "Sexually violent offense" means a violation of, attempted violation of, or conspiracy to violate: 1. Clause (ii) and (iii) of §18.2-48, §18.2-61, subsection A of §18.2-63 where the perpetrator is more than five years older than the victim, §18.2-67.1, §18.2-67.2, §18.2-67.3, §18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of §18.2-67.5, §18.2-370, or §18.2-370.1 or § 18.2-374.1; or 2. §18.2-63, §18.2-64.1, former §18.2-67.2:1, §18.2-90 with the intent to commit rape or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in §18.2-67.10, subsection A of §18.2-47, §18.2-67.4, subsection C of §18.2-67.5, clause (i) of §18.2-48, § 18.2-361, §18.2-366 or subsection C of §18.2-374.1:1. An offense listed under this subdivision shall be deemed a sexually violent offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications; 3. If the offense was committed on or after July 1, 2006, § 18.2-91 with the intent to commit any felony offense listed in this section. An offense listed under this subdivision shall be deemed a sexually violent offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had been at liberty between such convictions or adjudications; or 4. Chapter 117 (18 U.S.C. §2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in §1591 of Title 18, U.S.C.). F. "Any offense listed in subsection B," "criminal homicide" as defined in this section, "murder" as defined in this section, and "sexually violent offense" as defined in this section includes (i) any similar offense under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof or (ii) any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted. G. G1. Any juvenile over the age of 13 at the time of the offense who is adjudicated delinquent on or after July 1, 2012, of §18.2-61, 18.2-67.1, or 18.2-67.2 shall be required to register. H. Prior to entering judgment of conviction of an offense for which registration is required if the victim of the offense was a minor, physically helpless, or mentally incapacitated, the court shall determine by a preponderance of the evidence whether the victim of the offense was a minor, physically helpless or mentally incapacitated, as defined in §18.2-67.10, and shall also determine the age of the victim at the time of the offense if it determines the victim to be a minor. Upon such a determination the court shall advise the defendant of its determination and of the defendant's right to withdraw a plea of guilty or nolo contendere. If the defendant chooses to withdraw his plea of guilty or of nolo contendere, his case shall be heard by another judge, unless the parties agree otherwise. §9.1-913. Public dissemination by means of the Internet. The State Police shall develop and maintain a system for making certain Registry information on persons convicted of an offense for which registration is required publicly available by means of the Internet. The information to be made available shall include the offender's name; all aliases that he has used or under which he may have been known; the date and locality of the conviction and a brief description of the offense; his age, current address and photograph; and such other information as the State Police may from time to time determine is necessary to preserve public safety including but not limited to the fact that an individual is wanted for failing to register or reregister. The system shall be secure and not capable of being altered except by the State Police. The system shall be updated each business day with newly received registrations and reregistrations. The State Police shall remove all information that it knows to be inaccurate from the Internet system. This section shall not apply to juveniles adjudicated delinquent who are required to register pursuant to subsection G or G1 of § 9.1-902. 2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in the general appropriation act passed by the 2012 Regular Session of the General Assembly and signed by the Governor and becomes law. 3. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 890 of the Acts of Assembly of 2011 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |
