9.1-903 - Registration procedures.
§ 9.1-903. Registration procedures.
A. Every person convicted, including juveniles tried and convicted in thecircuit courts pursuant to § 16.1-269.1, whether sentenced as an adult orjuvenile, of an offense for which registration is required and every juvenilefound delinquent of an offense for which registration is required undersubsection G of § 9.1-902 shall be required upon conviction to register andreregister with the Department of State Police. The court shall order theperson to provide to the local law-enforcement agency of the county or citywhere he physically resides all information required by the State Police forinclusion in the Registry. The court shall immediately remand the person tothe custody of the local law-enforcement agency for the purpose of obtainingthe person's fingerprints and photographs of a type and kind specified by theState Police for inclusion in the Registry. Upon conviction, the locallaw-enforcement agency shall forthwith forward to the State Police all thenecessary registration information.
B. Every person required to register shall register in person within threedays of his release from confinement in a state, local or juvenilecorrectional facility, in a state civil commitment program for sexuallyviolent predators or, if a sentence of confinement is not imposed, withinthree days of suspension of the sentence or in the case of a juvenile ofdisposition. A person required to register shall register, and as part of theregistration shall submit to be photographed, submit to have a sample of hisblood, saliva, or tissue taken for DNA (deoxyribonucleic acid) analysis andsubmission to the DNA databank to determine identification characteristicsspecific to the person, provide electronic mail address information, anyinstant message, chat or other Internet communication name or identityinformation that the person uses or intends to use, submit to have hisfingerprints and palm prints taken, provide information regarding his placeof employment, and provide motor vehicle, watercraft and aircraftregistration information for all motor vehicles, watercraft and aircraftowned by him. The local law-enforcement agency shall obtain from the personwho presents himself for registration or reregistration one set offingerprints, electronic mail address information, any instant message, chator other Internet communication name or identity information that the personuses or intends to use, one set of palm prints, place of employmentinformation, motor vehicle, watercraft and aircraft registration informationfor all motor vehicles, watercraft and aircraft owned by the registrant,proof of residency and a photograph of a type and kind specified by the StatePolice for inclusion in the Registry and advise the person of his dutiesregarding reregistration. The local law-enforcement agency shall obtain fromthe person who presents himself for registration a sample of his blood,saliva or tissue taken for DNA (deoxyribonucleic acid) analysis to determineidentification characteristics specific to the person. If a sample has beenpreviously taken from the person, as indicated by the Local Inmate DataSystem (LIDS), no additional sample shall be taken. The local law-enforcementagency shall forthwith forward to the State Police all necessary registrationinformation.
C. To establish proof of residence in Virginia, a person who has a permanentphysical address shall present one photo-identification form issued by agovernmental agency of the Commonwealth which contains the person's completename, gender, date of birth and complete physical address. The locallaw-enforcement agency shall forthwith forward to the State Police a copy ofthe identification presented by the person required to register.
D. Any person required to register shall also reregister in person with thelocal law-enforcement agency following any change of name or any change ofresidence, whether within or without the Commonwealth. If his new residenceis within the Commonwealth, the person shall register in person with thelocal law-enforcement agency where his new residence is located within threedays following his change in residence. If the new residence is locatedoutside of the Commonwealth, the person shall register in person with thelocal law-enforcement agency where he previously registered within 10 daysprior to his change of residence. If a probation or parole officer becomesaware of a change of name or residence for any of his probationers orparolees required to register, the probation or parole officer shall notifythe State Police forthwith of learning of the change. Whenever a personsubject to registration changes residence to another state, the State Policeshall notify the designated law-enforcement agency of that state.
E. Any person required to register shall reregister in person with the locallaw-enforcement agency where his residence is located within three daysfollowing any change of the place of employment, whether within or withoutthe Commonwealth. If a probation or parole officer becomes aware of a changeof the place of employment for any of his probationers or parolees requiredto register, the probation or parole officer shall notify the State Policeforthwith upon learning of the change of the person's place of employment.Whenever a person subject to registration changes his place of employment toanother state, the State Police shall notify the designated law-enforcementagency of that state.
F. Any person required to register shall reregister in person with the locallaw-enforcement agency where his residence is located within three daysfollowing any change of owned motor vehicle, watercraft and aircraftregistration information, whether within or without the Commonwealth. If aprobation or parole officer becomes aware of a change of owned motor vehicle,watercraft and aircraft registration information for any of his probationersor parolees required to register, the probation or parole officer shallnotify the State Police forthwith upon learning of the change of the person'sowned motor vehicle, watercraft and aircraft registration information.Whenever a person required to register changes his owned motor vehicle,watercraft and aircraft registration information to another state, the StatePolice shall notify the designated law-enforcement agency of that state.
G. Any person required to register shall reregister either in person orelectronically with the local law-enforcement agency where his residence islocated within 30 minutes following any change of the electronic mail addressinformation, any instant message, chat or other Internet communication nameor identity information that the person uses or intends to use, whetherwithin or without the Commonwealth. If a probation or parole officer becomesaware of a change of the electronic mail address information, any instantmessage, chat or other Internet communication name or identity informationfor any of his probationers or parolees required to register, the probationor parole officer shall notify the State Police forthwith upon learning ofthe change.
H. The registration shall be maintained in the Registry and shall include theperson's name, all aliases that he has used or under which he may have beenknown, the date and locality of the conviction for which registration isrequired, his fingerprints and a photograph of a type and kind specified bythe State Police, his date of birth, social security number, current physicaland mailing address and a description of the offense or offenses for which hewas convicted. The registration shall also include the locality of theconviction and a description of the offense or offenses for previousconvictions for the offenses set forth in § 9.1-902.
I. The local law-enforcement agency shall forthwith forward to the StatePolice all necessary registration or reregistration information received byit. Upon receipt of registration or reregistration information the StatePolice shall forthwith notify the chief law-enforcement officer of thelocality listed as the person's address on the registration andreregistration.
J. If a person required to register does not have a legal residence, suchperson shall designate a location that can be located with reasonablespecificity where he resides or habitually locates himself. For the purposesof this section, "residence" shall include such a designated location. Ifthe person wishes to change such designated location, he shall do it pursuantto the terms of this section.
(2003, c. 584; 2004, c. 834; 2005, c. 586; 2006, cc. 857, 914; 2007, cc. 718,759, 823; 2008, c. 220; 2010, c. 843.)