                                 CODE OF VIRGINIA

SUPPLEMENT TO THE SEX OFFENDER AND CRIMES AGAINST MINORS REGISTRY ESTABLISHED
(§ 9.1-923)

A. The Superintendent of State Police shall establish a Supplement to the
Registry of information composed of persons who were convicted of an offense
listed in subsection B on or after July 1, 1980, and before July 1, 1994, but
whose names are not on the Registry. Access to the Supplement to the Registry
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, the date of the conviction, the jurisdiction in which the conviction
occurred, the person&#8217;s age on the date of the conviction, the offense of
which he was convicted, and the Code of Virginia section of the conviction.

B. Information on the following offenses where the conviction occurred on or
after July 1, 1980, and before July 1, 1994, shall be listed in the Supplement:
clause (i) of &#xA7; 18.2-48 if the victim was a minor; clauses (ii) and (iii)
of &#xA7; 18.2-48; &#xA7; 18.2-61; &#xA7; 18.2-63 if the victim was under 13
years of age; subsection A of &#xA7; 18.2-63 if the offender was more than five
years older than the victim; &#xA7;&#xA7; 18.2-67.1, 18.2-67.2, and 18.2-67.3;
&#xA7; 18.2-67.4 if the victim was a minor; subsections A and B of &#xA7;
18.2-67.5; subsection C of &#xA7; 18.2-67.5 if the victim was a minor; &#xA7;
18.2-361 if the victim was a minor; and &#xA7;&#xA7; 18.2-370, 18.2-370.1, and
18.2-374.1.

C. Persons whose names and conviction information appear on the Supplement are
not subject to the registration requirements of this chapter and are not
considered persons for whom registration is required unless they are required to
register pursuant to other provisions of this chapter.

D. A person whose name and conviction information appear on the Supplement 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 Supplement if the offense he was convicted of
would qualify for removal from the Registry under &#xA7; 9.1-910. 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&#8217;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 Supplement. The State Police shall
remove from the Supplement the name and conviction information upon receipt of
an order granting a petition pursuant to this subsection.

E. The Superintendent of State Police shall complete the Supplement to the
Registry prior to January 1, 2016.

HISTORY: 2015, cc. 594, 603.