HB 1687 — Sex Offender and Crimes Against Minors Registry; expands the Supplement to the Registry.

SESSION INTRODUCEDHOUSE 23100820DSUBSTITUTE I23104989D HOUSE BILL NO.

1687 NAMENDMENT OfferedIN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on January 11,23, 20232023) (Patron Prior to Substitute––Delegate Brewer) A BILL to amend and reenact § 9.1-923 of the Code of Virginia, relating to Supplement to the Sex OffenderBe andit Crimesenacted Againstby Minorsthe Registry.General Assembly of Virginia:

R –––––––––– Patron––Brewer O –––––––––– D Referred to Committee for Courts of Justice –––––––––– U 1.

C § 9.1-923.

E A.

The Superintendent of State Police shall establish a Supplement to the Registry of information composed of persons who were convicted of an offense listed in subsection B on or after July 1, 1980 1970,the andRegistry beforeshall Julybe 1,made 1994,available butto whosethe namespublic areon notthe onwebsite of the Registry.Department of State Police and shall contain the following information for each person:

Accessname, toyear of birth, the Supplementdate toof the Registryconviction, shallthe bejurisdiction madein availablewhich tothe conviction occurred, the publicperson's age on the websitedate of the Departmentconviction, the offense of Statewhich Policehe andwas shallconvicted, containand the followingCode informationof forVirginia eachsection person:of the conviction.

name,B. year of birth, the date of the conviction, offense of which he was convicted, and the Code of Virginia section of the conviction.

conviction, the B.

clause (i) of § 18.2-48 if the victim wasage; a minor;

clauses (ii) and (iii) of § 18.2-48;

§ 18.2-61;

§ 18.2-63 if the victim was under H3 years of age;

1S3 years of §§ 18.2-67.1, 18.2-67.2, and 18.2-67.3;

subsections A an8anE B of § 18.2-67.5;

§ 18.2-361 if the victim wa7was a minC.minor;

Persons whose names and conviction§§ information18.2-370, appear18.2-370.1, on the Supplement are not subject to the registration requirements of this chapter and are18.2-374.1. not considered persons for whom registration is required unless they are required to register pursuant to other provisions of this chapter.

D.Information on the following former offenses where the conviction occurred on or after July 1, 1970, and before October 1, 1975, shall also be listed in the Supplement:

Aformer person§ whose18.1-21 nameif and conviction information appear on the Supplementvictim may,was regardless(i) ofunder the15 dateyears of conviction,age petitionor the(ii) circuitat courtleast in15 whichyeSrs heof wasage convicted§ or18.1-38 with the circuitintent courtto wheredefile heor, then resides for removalthe purpose of hisconcubinage nameor andprostitution, convictiona informationfelony fromviolation theof Supplementsubdivision if(2) theor offense(3) heof wasformer convicted§ of18.1-39 wouldthat qualifyinvolved forassisting removalor fromaiding thein Registrysuch underan §abduction; 9.1-910.

Aformer petition§ may18.1-44 notwhen besuch 35act obtainwas aaccomplished copyagainst of the petitioner'scomplaining completewitness's criminalwill, historyby andforce, thenor holdthrough athe hearinguse onof the petitioncomplaining atllwitness's 36mental whichincapacity theor applicantphysical andhelplessness, anyor interestedif personsShe mayvictim presentwas witnessesunder and13 otheryears evidence.of age, former § 18.1-88 with the intent to commit rape;

Theformer /§ 3718.1-215 CommonwealthoT, shallwhen beformer made§ a18.1-214; party to any action under this subsection.

Ifand after such a hearing,felony theviolation /of 38former court§ is18.1-191 satisfiedwhere thatthe suchvictim personwas does not pose a riskminor toor publicwas13; safety, the court shall grant the petition.

39physically Inhelpless theor eventmentally theincapacitated, petitionas isdefined notin granted,§ the18.2-67.10. person shall wait at least 24 months from the date of denial to file a new petition for removal from the Supplement.

TheI State36 PoliceC. shall remove from the Supplement the name and conviction information upon receipt of an order granting a petition pursuant to thiE.

ThePersons Superintendentwhose ofnames Stateand Policeconviction shallinformation completeappear on the Supplement toare not subject tT the Registry37 priorregistration requirements of this chapter and are not considered persons for whom registration is required / 38 unless they are required to Januaryregister 1,pursuant 2016.to other provisions of this chapter.

U 39 D.

A person whose name and conviction information appear on the Supplement may, regardless oT then resides for removal of his name and conviction information from the Supplement if the offeEse here he was convicted of would qualify for removal from the Registry under § 9.1-910.

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

The court shall obtain a copy of the petitioner's complete criminal history and then hold a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence.

The court is satisfied that such person does not pose a risk to public safety, the court shall grant the petition.

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

The State Police shall remove from the H Supplement the name and conviction information upon receipt of an order granting a petition purBuant to this subsection.

6 E.

The Superintendent of State Police shall complete the Supplement to the Registry prior to7January 2.

That the Superintendent of State Police shall update the Supplement to the Registry as required by § 9.1-923 of the Code of Virginia, as amended by this act, no later than January 1, 2024.