9.1-907 - Procedures upon a failure to register or reregister.
§ 9.1-907. Procedures upon a failure to register or reregister.
A. Whenever it appears from the records of the State Police that a person hasfailed to comply with the duty to register or reregister, the State Policeshall promptly investigate and, if there is probable cause to believe aviolation has occurred, obtain a warrant or assist in obtaining an indictmentcharging a violation of § 18.2-472.1 in the jurisdiction in which the personlast registered or reregistered or, if the person failed to comply with theduty to register, in the jurisdiction in which the person was last convictedof an offense for which registration or reregistration is required or if theperson was convicted of an offense requiring registration outside theCommonwealth, in the jurisdiction in which the person resides. The StatePolice shall forward to the jurisdiction an affidavit signed by a custodianof the records that such person failed to comply with the duty to register orreregister. If such affidavit is admitted into evidence, it shall constituteprima facie evidence of the failure to comply with the duty to register orreregister in any trial or hearing for the violation of § 18.2-472.1,provided that in a trial or hearing other than a preliminary hearing, therequirements of subsection G of § 18.2-472.1 have been satisfied and theaccused has not objected to the admission of the affidavit pursuant tosubsection H of § 18.2-472.1. The State Police shall also promptly notify thelocal law-enforcement agency of the jurisdiction of the person's last knownresidence as shown in the records of the State Police.
B. Nothing in this section shall prohibit a law-enforcement officer employedby a sheriff's office or police department of a locality from enforcing theprovisions of this chapter, including obtaining a warrant, or assisting inobtaining an indictment for a violation of § 18.2-472.1. The locallaw-enforcement agency shall notify the State Police forthwith of suchactions taken pursuant to this chapter or under the authority grantedpursuant to this section.
C. The State Police shall physically verify or cause to be physicallyverified the registration information within 30 days of the initialregistration and semiannually each year thereafter and within 30 days of achange of address of those persons who are not under the control of theDepartment of Corrections or Community Supervision as defined by § 53.1-1,who are required to register pursuant to this chapter. Whenever it appearsthat a person has provided false registration information, the State Policeshall promptly investigate and, if there is probable cause to believe that aviolation has occurred, obtain a warrant or assist in obtaining an indictmentcharging a violation of § 18.2-472.1 in the jurisdiction in which the personlast registered or reregistered. The State Police shall forward to thejurisdiction an affidavit signed by a custodian of the records that suchperson failed to comply with the provisions of this chapter. If suchaffidavit is admitted into evidence, it shall constitute prima facie evidenceof the failure to comply with the provisions of this chapter in any trial orhearing for the violation of § 18.2-472.1, provided that in a trial orhearing other than a preliminary hearing, the requirements of subsection G of§ 18.2-472.1 have been satisfied and the accused has not objected to theadmission of the affidavit pursuant to subsection H of § 18.2-472.1. TheState Police shall also promptly notify the local law-enforcement agency ofthe jurisdiction of the person's last known residence as shown in the recordsof the State Police.
D. The Department of Corrections or Community Supervision as defined by §53.1-1 shall physically verify the registration information within 30 days ofthe original registration and semiannually each year thereafter and within 30days of a change of address of all persons who are under the control of theDepartment of Corrections or Community Supervision, and those who are undersupervision pursuant to § 37.2-919, who are required to register pursuant tothis chapter. The Department of Corrections or Community Supervision, uponrequest, shall provide the State Police the verification information, in anelectronic format approved by the State Police, regarding persons under theircontrol who are required to register pursuant to the chapter. Whenever itappears that a person has provided false registration information, theDepartment of Corrections or Community Supervision shall promptly notify theState Police, who shall investigate and, if there is probable cause tobelieve that a violation has occurred, obtain a warrant or assist inobtaining an indictment charging a violation of § 18.2-472.1 in thejurisdiction in which the person last registered or reregistered. The StatePolice shall forward to the jurisdiction an affidavit signed by a custodianof the records that such person failed to comply with the provisions of thischapter. If such affidavit is admitted into evidence, it shall constituteprima facie evidence of the failure to comply with the provisions of thischapter in any trial or hearing for the violation of § 18.2-472.1, providedthat in a trial or hearing other than a preliminary hearing, the requirementsof subsection G of § 18.2-472.1 have been satisfied and the accused has notobjected to the admission of the affidavit pursuant to subsection H of §18.2-472.1. The State Police shall also promptly notify the locallaw-enforcement agency of the jurisdiction of the person's last knownresidence as shown in the records of the State Police.
(2003, c. 584; 2005, c. 603; 2006, cc. 857, 914; 2007, c. 718; 2009, Sp.Sess. I, cc. 1, 4; 2010, c. 858.)