2006 Code of Virginia § 19.2-390 - Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, S...

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, or (ii) under 20-61.

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 the Departmentof Mental Health, Mental Retardation and Substance Abuse 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 systems.

C. The clerk of each circuit court and district court shall make a report tothe Central Criminal Records Exchange of (i) any dismissal, indefinitepostponement or continuance, charge still pending due to mental incompetencyor incapacity, nolle prosequi, acquittal, or conviction of, including anysentence imposed, or failure of a grand jury to return a true bill as to, anyperson charged with an offense listed in subsection A, including any actionwhich may have resulted from an indictment, presentment or information, and(ii) any adjudication of delinquency based upon an act which, if committed byan adult, would require fingerprints to be filed pursuant to subsection A. Inthe case of offenses not required to be reported to the Exchange bysubsection A, the reports of any of the foregoing dispositions shall be filedby the law-enforcement agency making the arrest with the arrest recordrequired to be maintained by 15.2-1722. Upon conviction of any person,including juveniles tried and convicted in the circuit courts pursuant to 16.1-269.1, whether sentenced as adults or juveniles, for an offense forwhich registration is required as defined in 9.1-902, the clerk shallwithin seven days of sentencing submit a report to the Sex Offender andCrimes Against Minors Registry. The report to the Registry shall include thename of the person convicted and all aliases which he is known to have used,the date and locality of the conviction for which registration is required,his date of birth, social security number, last known address, and specificreference to the offense for which he was convicted. No report of convictionor adjudication in a district court shall be filed unless the period allowedfor an appeal has elapsed and no appeal has been perfected. In the event thatthe records in the office of any clerk show that any conviction oradjudication has been nullified in any manner, he shall also make a report ofthat fact to the Exchange and, if appropriate, to the Registry. In addition,each clerk of a circuit court, upon receipt of certification thereof from theSupreme Court, shall report to the Exchange or the Registry, or to thelaw-enforcement agency making the arrest in the case of offenses not requiredto be reported to the Exchange, on forms provided by the Exchange orRegistry, as the case may be, any reversal or other amendment to a priorsentence or disposition previously reported. When criminal process is ordereddestroyed pursuant to 19.2-76.1, the clerk shall report such action to thelaw-enforcement agency that entered the warrant or capias into the VCINsystem.

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 status;and (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, the term "chief law-enforcement officer" means thechief of police of cities and towns and sheriffs of counties, unless apolitical subdivision has otherwise designated its chief law-enforcementofficer by appropriate resolution or ordinance, in which case the localdesignation shall be controlling.

(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.)

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