SB 1504 — Sex Offender and Crimes Against Minors Registry; removal of name and identifying information.

SESSION INTRODUCEDSENATE 23102255DSUBSTITUTE I23106051D SENATE BILL NO.

1504 OfferedAMENDMENT JanuaryIN 20,THE 2023NATURE NOF A BILLSUBSTITUTE to(Proposed amendby andthe reenactSenate §Committee 9.1-910on of the CodeJudiciary ofon Virginia,February relating1, to2023) Sex(Patron OffenderPrior andto CriTesSubstitute––Senator AgainstPetersen) A BAgainst Minors Registry;

removal of na––––––––––ntifyingname information.and identifying information.to Sex Offender and Crimes Be it enacted by the General Assembly of Virginia:

R1. Patron––Petersen –––––––––– O Referred to Committee on the Judiciary D –––––––––– Be it enacted by the General Assembly of Virginia:

U 1.

C § 9.1-910.

offense,A. (ii) two or more offenses for which registration is required, (iii) a violation of formerIII § 18.2-67.2:1, or (iv) murder, may either submit a formal removal request to the Virginia State Police on such form required by the State Police or petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry.

AAny person who is required to registerregister, forother than a singleperson who has been convicted of any (i) Tier IIII offense§ 18.2-67.2:1, or (iv) murder, may either petition the circuit court submitin awhich removalhe requestwas formconvicted alongor withthe acircuit criminalcourt historyin recordthe checkjurisdiction processedwhere withinhe thethen previousresides 45for daysremoval of his name and all identifying information from the formRegistry submissionor submit a formal removal request to the DepartmentState ofPolice on such form required by the State Police noif earliersuch thanperson 15is yearsrequired andto oneregister dayfor froma thesingle 18.2-472.1Tier I or (b)Tier anyII felony.misdemeanor offense.

IfN theremoval potentialrequest applicantform hasalong beenwith convicteda ofcriminal ahistory misdemeanorrecord orcheck felonynprocessed within the previous 45 daysa of §the offense,form orsubmission moreto thanthe oneState violationPolice, ofprovided §that 18.2-472.1such withinperson theis previousrequired to register fAr a single Tier I misdemeanor offense, no earlier than 15 years and one day,day thenfrom suchthe personlater shallof notthe submitdate aof removalinitial requestregistration formor butthe maydate petitionof thehis courtlast pursuantconviction tofor subsection(a) B.a single violation of § 18.2-472.1 or (T) any felony.

If the potential applicant has been convicted of a misdemeanor or felony offense, or more than one removal request form but may petition the court pursuant to subsection B.such person shall not Eubmit a A person who is required to register for a single Tier II offense may petition the court sub4itor submit a removal request form along with a criminal history record check processed within the previous 45 days of the form submission to the DepartmentState ofPolice, Stateprovided Policethat such person is required to register fSr a single Tier II misdemeanor offense, no earlier than 25 years and one day from the later of the date of initial registrationIf or the datepotential ofapplicant hishas lastbeen convictionconvicted forof (1) a singlemisdemeanor violationor offelony §offense, 18.2-472.1 or (2)more anythan oneany felony.

Ifviolation theof potential§ applicant18.2-472.1 haswithin beenthe convictedprevious of25 ayears misdemeanorand orone felonyday, then such person shall not submit a removal request form but may petition the court pursuant to subsection B.such B.

AS petitionB. may not be filed until all court ordered treatment, counseling, and restitution has been completed.

TheA courtpetition shallmay obtainnot abe copyfiled ofuntil theall petitioner'scourt completeordered criminaltreatment, historycounseling, and registration,restitution reregistration,has andbeen verification of registration information history from the Registry and then hold a 35 hearingcompleted. on the petition at which the applicant and any interested persons may present witnesses and 36 other evidence.

The court shall obtain a copy of the petitioner's complete criminal history and registration, 37 hearing on the petition at which the applicant and any interested persons may present witnesses andd a / 38 other evidence.

If, afterafTer such 37/ 39 hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall 3840 grant the petition.

In the event the petition is not granted, the person shall wait at least 24 months from theC.the date of the denial to file a new petition for removal from the Registry.

TheT State Police shall remove from the Registry the name of any person and all identifying information upon receipt of an order granting a petition pursuant to subsection B.B.ll identifyinE D.

D.

That the Virginia State Police shall develop a form for requesting removal from the Sex Offender and Crimes Against Minors Registry (the Registry) and make such form available on its website on or before October 1, 2023.

Such form shall also include information on how to obtain a criminal or history record check, the link to the criminal history record check form, the cost of the criminal history record check, and the address to which the removal request form shall be submitted.

TheTheS Virginia State Police shallndshall send a letter on or before October 1, 2023, by first-class mail notifying everyev1ry person currently on the Sex Offender Registry of the provisions of this act relating to removal from the Registry0 onRegistry. or before October 1, 2023.

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