                                 CODE OF VIRGINIA

PROCEDURES UPON A FAILURE TO REGISTER, REREGISTER, OR VERIFY REGISTRATION
INFORMATION (§ 9.1-907)

A. Whenever it appears from the records of the State Police that a person has
failed to comply with the duty to register, reregister, or verify his
registration information, the State Police shall promptly investigate and, if
there is probable cause to believe a violation has occurred, obtain a warrant or
assist in obtaining an indictment charging a violation of &#xA7; 18.2-472.1 in
the jurisdiction in which the person last registered, reregistered, or verified
his registration information or, if the person failed to comply with the duty to
register, in the jurisdiction in which the person was last convicted of an
offense for which registration or reregistration is required or if the person
was convicted of an offense requiring registration outside the Commonwealth, in
the jurisdiction in which the person resides. The State Police shall forward to
the jurisdiction an affidavit signed by a custodian of the records that such
person failed to comply with the duty to register, reregister, or verify his
registration information. If such affidavit is admitted into evidence, it shall
constitute prima facie evidence of the failure to comply with the duty to
register, reregister, or verify his registration information in any trial or
hearing for the violation of &#xA7; 18.2-472.1, provided that in a trial or
hearing other than a preliminary hearing, the requirements of subsection G of
&#xA7; 18.2-472.1 have been satisfied and the accused has not objected to the
admission of the affidavit pursuant to subsection H of &#xA7; 18.2-472.1. The
State Police shall also promptly notify the local law-enforcement agency of the
jurisdiction of the person&#8217;s last known residence as shown in the records
of the State Police.

B. Nothing in this section shall prohibit a law-enforcement officer employed by
a sheriff&#8217;s office or police department of a locality from enforcing the
provisions of this chapter, including obtaining a warrant, or assisting in
obtaining an indictment for a violation of &#xA7; 18.2-472.1. The local
law-enforcement agency shall notify the State Police forthwith of such actions
taken pursuant to this chapter or under the authority granted pursuant to this
section.

C. The State Police shall physically verify or cause to be physically verified
the registration information within 30 days of the initial registration and
semiannually each year thereafter and within 30 days of a change of address of
those persons who are not under the control of the Department of Corrections or
community supervision as defined by &#xA7; 53.1-1, who are required to register
pursuant to this chapter. Whenever it appears that a person has provided false
registration information, the State Police shall promptly investigate and, if
there is probable cause to believe that a violation has occurred, obtain a
warrant or assist in obtaining an indictment charging a violation of &#xA7;
18.2-472.1 in the jurisdiction in which the person last registered,
reregistered, or verified his registration information. The State Police shall
forward to the jurisdiction an affidavit signed by a custodian of the records
that such person failed to comply with the provisions of this chapter. If such
affidavit is admitted into evidence, it shall constitute prima facie evidence of
the failure to comply with the provisions of this chapter in any trial or
hearing for the violation of &#xA7; 18.2-472.1, provided that in a trial or
hearing other than a preliminary hearing, the requirements of subsection G of
&#xA7; 18.2-472.1 have been satisfied and the accused has not objected to the
admission of the affidavit pursuant to subsection H of &#xA7; 18.2-472.1. The
State Police shall also promptly notify the local law-enforcement agency of the
jurisdiction of the person&#8217;s last known residence as shown in the records
of the State Police.

D. The Department of Corrections or community supervision as defined by &#xA7;
53.1-1 shall physically verify or cause to be physically verified by the State
Police the registration information within 30 days of the original registration
and semiannually each year thereafter and within 30 days of a change of address
of all persons who are under the control of the Department of Corrections or
community supervision, and those who are under supervision pursuant to &#xA7;
37.2-919, who are required to register pursuant to this chapter. The Department
of Corrections or community supervision, upon request, shall provide the State
Police the verification information, in an electronic format approved by the
State Police, regarding persons under their control who are required to register
pursuant to the chapter. Whenever it appears that a person has provided false
registration information, the Department of Corrections or community supervision
shall promptly notify the State Police, who shall investigate and, if there is
probable cause to believe that a violation has occurred, obtain a warrant or
assist in obtaining an indictment charging a violation of &#xA7; 18.2-472.1 in
the jurisdiction in which the person last registered, reregistered, or verified
his registration information. The State Police shall forward to the jurisdiction
an affidavit signed by a custodian of the records that such person failed to
comply with the provisions of this chapter. If such affidavit is admitted into
evidence, it shall constitute prima facie evidence of the failure to comply with
the provisions of this chapter in any trial or hearing for the violation of
&#xA7; 18.2-472.1, provided that in a trial or hearing other than a preliminary
hearing, the requirements of subsection G of &#xA7; 18.2-472.1 have been
satisfied and the accused has not objected to the admission of the affidavit
pursuant to subsection H of &#xA7; 18.2-472.1. The State Police shall also
promptly notify the local law-enforcement agency of the jurisdiction of the
person&#8217;s last known residence as shown in the records of the State Police.

HISTORY: 2003, c. 584; 2005, c. 603; 2006, cc. 857, 914; 2007, c. 718; 2009, Sp.
Sess. I, cc. 1, 4; 2010, c. 858; 2015, cc. 81, 598; 2020, c. 829.