HB 874

A BILL to amend the Code of Virginia by adding in Chapter 13 of Title 9.1 a section numbered 9.1-1302, relating to Domestic and Sexual Assault Conviction Database created; procedures.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 13 of Title 9.1 a section numbered 9.1-1302 as follows:
§ 9.1-1302. Domestic and Sexual Assault Conviction Database.
A. As used in this section, "intimate partner" means an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person as determined by the length, nature, frequency, and type of interaction between the individuals involved in the relationship.
B. The Superintendent of State Police shall establish a Domestic and Sexual Assault Conviction Database (the Database) of information composed of persons who were convicted of a second or subsequent offense listed in subsection C. Access to the Database shall be made available to the public on the website of the Department of State Police and shall contain the following information for each person: name, year of birth, a physical description and recent photograph, the date of the conviction, the jurisdiction in which the conviction occurred, the person's age on the date of the conviction, the offense of which he was convicted, the Code of Virginia section of the conviction, and the punishment imposed for the offense of which he was convicted.
C. Information on the following offenses shall be listed in the Database when the victim of any such offense is a family or household member as defined in § 16.1-228 or an intimate partner: § 16.1-253.2; Article 1 (§ 18.2-30 et seq.), Article 3 (§ 18.2-47 et seq.), Article 4 (§ 18.2-51 et seq.), Article 6 (§ 18.2-59 et seq.), and Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2; Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2; §§ 18.2-130, 18.2-130.1, 18.2-279, 18.2-282, 18.2-282.1, 18.2-286.1, and 18.2-324.2; §§ 18.2-346 through 18.2-361.1; §§ 18.2-365 through 18.2-371.1; and §§ 18.2-374 through 18.2-387.1.
D. A person whose name and conviction information appear on the Database may, regardless of the date of conviction, petition the circuit court in which he was convicted or the circuit court where he then resides for removal of his name and conviction information from the Database if (i) the offense he was convicted of has been expunged pursuant to § 19.2-392.2 or (ii) such person has not been convicted of an offense listed in subsection C in the seven years preceding his petition for removal. 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 Commonwealth shall be made a party to any action under this subsection. If after such a hearing, 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 Database. The State Police shall remove from the Database the name, conviction information, and all other information listed on the Database for such person upon receipt of an order granting a petition pursuant to this subsection.
D. On the website described in subsection B, the State Police shall include in a prominent location information regarding (i) the manner in which a person may petition for removal of his name from the Database and (ii) the circumstances required for a petition for removal from the Database to be granted.
2. That the Superintendent of State Police shall complete the Domestic and Sexual Assault Conviction Database by July 1, 2027.