19.2-390 - Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted
§ 19.2-390. Reports to be made by local law-enforcement officers,conservators of the peace, clerks of court, Secretary of the Commonwealth andCorrections officials to State Police; material submitted by other agencies.
A. 1. Every state official or agency having the power to arrest, the sheriffsof counties, the police officials of cities and towns, and any other locallaw-enforcement officer or conservator of the peace having the power toarrest for a felony shall make a report to the Central Criminal RecordsExchange, on forms provided by it, of any arrest, including those arrestsinvolving the taking into custody of, or service of process upon, any personon charges resulting from an indictment, presentment or information, thearrest on capias or warrant for failure to appear, and the service of awarrant for another jurisdiction, on any of the following charges:
a. Treason;
b. Any felony;
c. Any offense punishable as a misdemeanor under Title 54.1; or
d. Any misdemeanor punishable by confinement in jail (i) under Title 18.2 or19.2, except an arrest for a violation of § 18.2-119, Article 2 (§ 18.2-415et seq.) of Chapter 9 of Title 18.2, or any similar ordinance of any county,city or town, (ii) under § 20-61, or (iii) under § 16.1-253.2.
The reports shall contain such information as is required by the Exchange andshall be accompanied by fingerprints of the individual arrested. EffectiveJanuary 1, 2006, the corresponding photograph of the individual arrestedshall accompany the report. Fingerprint cards prepared by a law-enforcementagency for inclusion in a national criminal justice file shall be forwardedto the Exchange for transmittal to the appropriate bureau. Nothing in thissection shall preclude each local law-enforcement agency from maintaining itsown separate photographic database.
2. For persons arrested and released on summonses in accordance with §19.2-74, such report shall not be required until (i) a conviction is enteredand no appeal is noted or if an appeal is noted, the conviction is upheldupon appeal or the person convicted withdraws his appeal; (ii) the courtdismisses the proceeding pursuant to § 18.2-251; or (iii) an acquittal byreason of insanity pursuant to § 19.2-182.2 is entered. Upon such convictionor acquittal, the court shall remand the individual to the custody of theoffice of the chief law-enforcement officer of the county or city. It shallbe the duty of the chief law-enforcement officer, or his designee who may bethe arresting officer, to ensure that such report is completed after adetermination of guilt or acquittal by reason of insanity. The court shallrequire the officer to complete the report immediately following the person'sconviction or acquittal, and the individual shall be discharged from custodyforthwith, unless the court has imposed a jail sentence to be served by himor ordered him committed to the custody of the Commissioner of BehavioralHealth and Developmental Services.
B. Within 72 hours following the receipt of (i) a warrant or capias for thearrest of any person on a charge of a felony or (ii) a Governor's warrant ofarrest of a person issued pursuant to § 19.2-92, the law-enforcement agencywhich received the warrant shall enter the person's name and otherappropriate information required by the Department of State Police into the"information systems" known as the Virginia Criminal Information Network(VCIN), established and maintained by the Department pursuant to Chapter 2 (§52-12 et seq.) of Title 52 and the National Crime Information Center (NCIC),maintained by the Federal Bureau of Investigation. The report shall includethe person's name, date of birth, social security number and such other knowninformation which the State Police or Federal Bureau of Investigation mayrequire. Where feasible and practical, the magistrate or court issuing thewarrant or capias may transfer information electronically into VCIN. When theinformation is electronically transferred to VCIN, the court or magistrateshall forthwith forward the warrant or capias to the local police departmentor sheriff's office. When criminal process has been ordered destroyedpursuant to § 19.2-76.1, the law-enforcement agency destroying such processshall ensure the removal of any information relating to the destroyedcriminal process from the VCIN and NCIC.
B1. Within 72 hours following the receipt of a written statement issued by aparole officer pursuant to § 53.1-149 or 53.1-162 authorizing the arrest of aperson who has violated the provisions of his post-release supervision orprobation, the law-enforcement agency that received the written statementshall enter, or cause to be entered, the person's name and other appropriateinformation required by the Department of State Police into the "informationsystems" known as the Virginia Criminal Information Network (VCIN),established and maintained by the Department pursuant to Chapter 2 (§ 52-12et seq.) of Title 52.
C. The clerk of each circuit court and district court shall make anelectronic report to the Central Criminal Records Exchange of (i) anydismissal, indefinite postponement or continuance, charge still pending dueto mental incompetency or incapacity, nolle prosequi, acquittal, orconviction of, including any sentence imposed, or failure of a grand jury toreturn a true bill as to, any person charged with an offense listed insubsection A, including any action which may have resulted from anindictment, presentment or information, and (ii) any adjudication ofdelinquency based upon an act which, if committed by an adult, would requirefingerprints to be filed pursuant to subsection A. In the case of offensesnot required to be reported to the Exchange by subsection A, the reports ofany of the foregoing dispositions shall be filed by the law-enforcementagency making the arrest with the arrest record required to be maintained by§ 15.2-1722. Upon conviction of any person, including juveniles tried andconvicted in the circuit courts pursuant to § 16.1-269.1, whether sentencedas adults or juveniles, for an offense for which registration is required asdefined in § 9.1-902, the clerk shall within seven days of sentencing submita report to the Sex Offender and Crimes Against Minors Registry. The reportto the Registry shall include the name of the person convicted and allaliases which he is known to have used, the date and locality of theconviction for which registration is required, his date of birth, socialsecurity number, last known address, and specific reference to the offensefor which he was convicted. No report of conviction or adjudication in adistrict court shall be filed unless the period allowed for an appeal haselapsed and no appeal has been perfected. In the event that the records inthe office of any clerk show that any conviction or adjudication has beennullified in any manner, he shall also make a report of that fact to theExchange and, if appropriate, to the Registry. In addition, each clerk of acircuit court, upon receipt of certification thereof from the Supreme Court,shall report to the Exchange or the Registry, or to the law-enforcementagency making the arrest in the case of offenses not required to be reportedto the Exchange, on forms provided by the Exchange or Registry, as the casemay be, any reversal or other amendment to a prior sentence or dispositionpreviously reported. When criminal process is ordered destroyed pursuant to §19.2-76.1, the clerk shall report such action to the law-enforcement agencythat entered the warrant or capias into the VCIN.
D. In addition to those offenses enumerated in subsection A of this section,the Central Criminal Records Exchange may receive, classify and file anyother fingerprints, photographs, and records of arrest or confinementsubmitted to it by any law-enforcement agency or any correctional institution.
E. Corrections officials, sheriffs, and jail superintendents of regionaljails, responsible for maintaining correctional status information, asrequired by the regulations of the Department of Criminal Justice Services,with respect to individuals about whom reports have been made under theprovisions of this chapter shall make reports of changes in correctionalstatus information to the Central Criminal Records Exchange. The reports tothe Exchange shall include any commitment to or release or escape from astate or local correctional facility, including commitment to or release froma parole or probation agency.
F. Any pardon, reprieve or executive commutation of sentence by the Governorshall be reported to the Exchange by the office of the Secretary of theCommonwealth.
G. Officials responsible for reporting disposition of charges, andcorrectional changes of status of individuals under this section, includingthose reports made to the Registry, shall adopt procedures reasonablydesigned at a minimum (i) to ensure that such reports are accurately made assoon as feasible by the most expeditious means and in no instance later than30 days after occurrence of the disposition or correctional change of statusand (ii) to report promptly any correction, deletion, or revision of theinformation.
H. Upon receiving a correction, deletion, or revision of information, theCentral Criminal Records Exchange shall notify all criminal justice agenciesknown to have previously received the information.
As used in this section:
"Chief law-enforcement officer" means the chief of police of cities andtowns and sheriffs of counties, unless a political subdivision has otherwisedesignated its chief law-enforcement officer by appropriate resolution orordinance, in which case the local designation shall be controlling.
"Electronic report" means a report transmitted to, or otherwise forwardedto, the Central Criminal Records Exchange in an electronic format approved bythe Exchange. The report shall contain the name of the person convicted andall aliases which he is known to have used, the date and locality of theconviction, his date of birth, social security number, last known address,and specific reference to the offense including the Virginia Code section andany subsection, the Virginia crime code for the offense, and the offensetracking number for the offense for which he was convicted.
(Code 1950, § 19.1-19.3; 1966, c. 669; 1968, c. 724; 1970, c. 191; 1971, Ex.Sess., c. 107; 1974, c. 575; 1975, cc. 495, 584; 1976, cc. 336, 572, 771;1978, cc. 467, 825; 1979, c. 378; 1981, c. 529; 1982, cc. 33, 535; 1990, cc.100, 692; 1992, c. 391; 1993, cc. 448, 468, 926; 1994, cc. 362, 428, 432;1996, cc. 429, 755, 806, 914; 1997, cc. 27, 509, 747, 801; 2001, cc. 516,536, 565; 2003, cc. 27, 584, 727; 2004, cc. 284, 406; 2005, cc. 187, 229;2008, cc. 73, 246; 2009, cc. 249, 813, 840; 2010, c. 273.)