18.2-472.1 - Providing false information or failing to provide registration information; penalty; prima facie evidence.
§ 18.2-472.1. Providing false information or failing to provide registrationinformation; penalty; prima facie evidence.
A. Any person subject to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, otherthan a person convicted of a sexually violent offense or murder as defined in§ 9.1-902, who knowingly fails to register or reregister, or who knowinglyprovides materially false information to the Sex Offender and Crimes AgainstMinors Registry is guilty of a Class 1 misdemeanor. A second or subsequentconviction for an offense under this subsection is a Class 6 felony.
B. Any person convicted of a sexually violent offense or murder, as definedin § 9.1-902, who knowingly fails to register or reregister, or who knowinglyprovides materially false information to the Sex Offender and Crimes AgainstMinors Registry is guilty of a Class 6 felony. A second or subsequentconviction for an offense under this subsection is a Class 5 felony.
C. A prosecution pursuant to this section shall be brought in the city orcounty where the offender can be found or where the offender last registeredor reregistered or, if the offender failed to comply with the duty toregister, where the offender was last convicted of an offense for whichregistration or reregistration is required.
D. At any preliminary hearing pursuant to this section, an affidavit from theState Police issued as required in § 9.1-907 shall be admitted into evidenceas prima facie evidence of the failure to comply with the duty to register orreregister and a copy of such affidavit shall be provided to the registrantor his counsel seven days prior to hearing or trial by the attorney for theCommonwealth.
E. The accused in any preliminary hearing in which an affidavit from theState Police issued as required in § 9.1-907 is offered into evidencepursuant to this section shall have the right to call a custodian of recordsissuing the affidavit and examine him in the same manner as if he had beencalled as an adverse witness. Such witness shall be summoned and appear atthe cost of the Commonwealth.
F. At any trial or hearing other than a preliminary hearing conductedpursuant to this section, an affidavit from the State Police issued asrequired in § 9.1-907 shall constitute prima facie evidence of the failure tocomply with the duty to register or reregister, provided the requirements ofsubsection G have been satisfied and the accused has not objected to theadmission of the affidavit pursuant to subsection H.
G. If the attorney for the Commonwealth intends to offer the affidavit intoevidence in lieu of testimony at a trial or hearing, other than a preliminaryhearing, he shall:
1. Provide by mail, delivery, or otherwise, a copy of the affidavit tocounsel of record for the accused, or to the accused if he is proceeding prose, at no charge, no later than 28 days prior to the hearing or trial;
2. Provide simultaneously with the copy of the affidavit so provided undersubdivision 1 a notice to the accused of his right to object to having theaffidavit admitted without the presence and testimony of a custodian of therecords; and
3. File a copy of the affidavit and notice with the clerk of the courthearing the matter on the day that the affidavit and notice are provided tothe accused.
H. The accused may object in writing to admission of the affidavit, in lieuof testimony, as evidence of the facts stated therein. Such objection shallbe filed with the court hearing the matter, with a copy to the attorney forthe Commonwealth, no more than 14 days after the affidavit and notice werefiled with the clerk by the attorney for the Commonwealth, or the objectionshall be deemed waived. If timely objection is made, the affidavit shall notbe admissible into evidence unless (i) the objection is waived by the accusedor his counsel in writing or before the court, or (ii) the parties stipulatebefore the court to the admissibility of the affidavit.
I. Where a custodian of the records is not available for hearing or trial andthe attorney for the Commonwealth has used due diligence to secure thepresence of the person, the court shall order a continuance. Any continuancesordered pursuant to this subsection shall total not more than 90 days if theaccused has been held continuously in custody and not more than 180 days ifthe accused has not been held continuously in custody.
J. Any objection by counsel for the accused, or the accused if he isproceeding pro se, to timeliness of the receipt of notice required bysubsection G shall be made before hearing or trial upon his receipt of actualnotice unless the accused did not receive actual notice prior to hearing ortrial. A showing by the Commonwealth that the notice was mailed, delivered,or otherwise provided in compliance with the time requirements of thissection shall constitute prima facie evidence that the notice was timelyreceived by the accused. If the court finds upon the accused's objection madepursuant to this subsection, that he did not receive timely notice pursuantto subsection G, the accused's objection shall not be deemed waived and ifthe objection is made prior to hearing or trial, a continuance shall beordered if requested by either party. Any continuance ordered pursuant tothis subsection shall be subject to the time limitations set forth insubsection I.
K. For the purposes of this section any conviction for a substantiallysimilar offense under the laws of (i) any foreign country or any politicalsubdivision thereof, or (ii) any state or territory of the United States orany political subdivision thereof, the District of Columbia, or the UnitedStates shall be considered a prior conviction.
(1997, c. 747; 1999, c. 845; 2001, c. 365; 2003, c. 584; 2006, cc. 857, 914,931; 2008, c. 218; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656.)