                                 CODE OF VIRGINIA

PROVIDING FALSE INFORMATION OR FAILING TO PROVIDE REGISTRATION INFORMATION;
PENALTY; PRIMA FACIE EVIDENCE (§ 18.2-472.1)

A. Any person subject to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title 9.1, other
than a person convicted of a Tier III offense or murder as defined in &#xA7;
9.1-902, who knowingly fails to register, reregister, or verify his registration
information, or who knowingly provides materially false information to the Sex
Offender and Crimes Against Minors Registry is guilty of a Class 1 misdemeanor.
A second or subsequent conviction for an offense under this subsection is a
Class 6 felony.

B. Any person convicted of a Tier III offense or murder, as defined in &#xA7;
9.1-902, who knowingly fails to register, reregister, or verify his registration
information, or who knowingly provides materially false information to the Sex
Offender and Crimes Against Minors Registry is guilty of a Class 6 felony. A
second or subsequent conviction for an offense under this subsection is a Class
5 felony.

C. A prosecution pursuant to this section shall be brought in the city or county
where the offender can be found or where the offender last registered,
reregistered, or verified his registration information or, if the offender
failed to comply with the duty to register, where the offender was last
convicted of an offense for which registration or reregistration is required.

D. At any preliminary hearing pursuant to this section, an affidavit from the
State Police issued as required in &#xA7; 9.1-907 shall be admitted into
evidence as prima facie evidence of the failure to comply with the duty to
register, reregister, or verify his registration information. A copy of such
affidavit shall be provided to the registrant or his counsel seven days prior to
hearing or trial by the attorney for the Commonwealth.

E. The accused in any preliminary hearing in which an affidavit from the State
Police issued as required in &#xA7; 9.1-907 is offered into evidence pursuant to
this section shall have the right to summon and call a custodian of records
issuing the affidavit and examine him in the same manner as if he had been
called as an adverse witness. Such witness shall appear at the cost of the
Commonwealth.

F. At any trial or hearing other than a preliminary hearing conducted pursuant
to this section, an affidavit from the State Police issued as required in &#xA7;
9.1-907 shall constitute prima facie evidence of the failure to comply with the
duty to register, reregister, or verify his registration information, provided
the requirements of subsection G have been satisfied and the accused has not
objected to the admission of the affidavit pursuant to subsection H.

G. If the attorney for the Commonwealth intends to offer the affidavit into
evidence in lieu of testimony at a trial or hearing, other than a preliminary
hearing, he shall:

   1. Provide by mail, delivery, or otherwise, a copy of the affidavit to counsel
   of record for the accused, or to the accused if he is proceeding pro se, at no
   charge, no later than 28 days prior to the hearing or trial;

   2. Provide simultaneously with the copy of the affidavit so provided under
   subdivision 1 a notice to the accused of his right to object to having the
   affidavit admitted without the presence and testimony of a custodian of the
   records; and

   3. File a copy of the affidavit and notice with the clerk of the court hearing
   the matter on the day that the affidavit and notice are provided to the
   accused.

H. In any trial or hearing, other than a preliminary hearing, the accused may
object in writing to admission of the affidavit, in lieu of testimony, as
evidence of the facts stated therein. Such objection shall be filed with the
court hearing the matter, with a copy to the attorney for the Commonwealth, no
more than 14 days after the affidavit and notice were filed with the clerk by
the attorney for the Commonwealth, or the objection shall be deemed waived. If
timely objection is made, the affidavit shall not be admissible into evidence
unless (i) the objection is waived by the accused or his counsel in writing or
before the court, or (ii) the parties stipulate before the court to the
admissibility of the affidavit.

I. Where a custodian of the records is not available for hearing or trial and
the attorney for the Commonwealth has used due diligence to secure the presence
of the person, the court shall order a continuance. Any continuances ordered
pursuant to this subsection shall total not more than 90 days if the accused has
been held continuously in custody and not more than 180 days if the accused has
not been held continuously in custody.

J. Any objection by counsel for the accused, or the accused if he is proceeding
pro se, to timeliness of the receipt of notice required by subsection G shall be
made before hearing or trial upon his receipt of actual notice unless the
accused did not receive actual notice prior to hearing or trial. A showing by
the Commonwealth that the notice was mailed, delivered, or otherwise provided in
compliance with the time requirements of this section shall constitute prima
facie evidence that the notice was timely received by the accused. If the court
finds upon the accused&#8217;s objection made pursuant to this subsection, that
he did not receive timely notice pursuant to subsection G, the accused&#8217;s
objection shall not be deemed waived and if the objection is made prior to
hearing or trial, a continuance shall be ordered if requested by either party.
Any continuance ordered pursuant to this subsection shall be subject to the time
limitations set forth in subsection I.

K. For the purposes of this section any conviction for a substantially similar
offense under the laws of (i) any foreign country or any political subdivision
thereof, or (ii) any state or territory of the United States or any political
subdivision thereof, the District of Columbia, or the United States shall be
considered a prior conviction.

HISTORY: 1997, c. 747; 1999, c. 845; 2001, c. 365; 2003, c. 584; 2006, cc. 857,
914, 931; 2008, c. 218; 2009, Sp. Sess. I, cc. 1, 4; 2010, c. 656; 2011, c. 285;
2020, c. 829.