| 1 | 1 | | 2025 SESSION |
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| 2 | 2 | | |
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| 3 | 3 | | INTRODUCED |
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| 4 | 4 | | |
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| 5 | 5 | | 25104129D |
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| 6 | 6 | | |
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| 7 | 7 | | SENATE BILL NO. 914 |
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| 8 | 8 | | |
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| 9 | 9 | | Offered January 8, 2025 |
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| 10 | 10 | | |
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| 11 | 11 | | Prefiled January 5, 2025 |
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| 12 | 12 | | |
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| 13 | 13 | | A BILL to amend and reenact 16.1-69.55, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4:2, 19.2-8, and 19.2-310.2 of the Code of Virginia, relating to sexual assault of a child; mandatory minimum sentence; penalty. |
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| 14 | 14 | | |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | PatronStanley |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | Referred to Committee for Courts of Justice |
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| 22 | 22 | | |
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| 23 | 23 | | |
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| 24 | 24 | | |
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| 25 | 25 | | Be it enacted by the General Assembly of Virginia: |
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| 26 | 26 | | |
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| 27 | 27 | | 1. That 16.1-69.55, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4:2, 19.2-8, and 19.2-310.2 of the Code of Virginia are amended and reenacted as follows: |
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| 28 | 28 | | |
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| 29 | 29 | | 16.1-69.55. Retention of case records; limitations on enforcement of judgments; extensions. |
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| 30 | 30 | | |
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| 31 | 31 | | A. Criminal and traffic infraction proceedings: |
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| 32 | 32 | | |
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| 33 | 33 | | 1. In misdemeanor and traffic infraction cases, except misdemeanor cases under 16.1-253.2, 18.2-57.2, or 18.2-60.4, all documents shall be retained for 10 years, including cases sealed in expungement proceedings under 19.2-392.2. In misdemeanor cases under 16.1-253.2, 18.2-57.2, or 18.2-60.4, all documents shall be retained for 20 years. In misdemeanor cases under 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, all documents shall be retained for 50 years. Documents in misdemeanor and traffic infraction cases for which an appeal has been made shall be returned to and filed with the clerk of the appropriate circuit court pursuant to 16.1-135; |
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| 34 | 34 | | |
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| 35 | 35 | | 2. In felony cases that are certified to the grand jury, all documents shall be certified to the clerk of the appropriate circuit court pursuant to 19.2-186 and 19.2-190. In felony cases under 18.2-67.4:2, all documents shall be retained for 50 years. All other felony case documents shall be handled as provided in subdivision 1; |
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| 36 | 36 | | |
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| 37 | 37 | | 3. Dockets and indices shall be retained for 10 years. |
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| 38 | 38 | | |
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| 39 | 39 | | B. Civil proceedings: |
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| 40 | 40 | | |
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| 41 | 41 | | 1. All documents in civil proceedings in district court that are dismissed, including dismissal under 8.01-335, shall be retained until completion of the Commonwealth's audit of the court records. Notwithstanding 8.01-275.1, the clerks of the district courts may destroy documents in civil proceedings in which no service of process is had 24 months after the last return date; |
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| 42 | 42 | | |
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| 43 | 43 | | 2. In civil actions that result in a judgment, all documents in the possession of the general district court shall be retained for 10 years and, unless sooner satisfied, the judgment shall remain in force for a period of 10 years; |
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| 44 | 44 | | |
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| 45 | 45 | | 3. In civil cases that are appealed to the circuit court pursuant to 16.1-112, all documents pertaining thereto shall be transferred to the circuit court in accordance with those sections; |
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| 46 | 46 | | |
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| 47 | 47 | | 4. The limitations on enforcement of general district court judgments provided in 16.1-94.1 shall not apply if the plaintiff, prior to the expiration of that period for enforcement, pays the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and dockets the judgment in the circuit court having jurisdiction in the same geographic area as the general district court. However, a judgment debtor wishing to discharge a judgment pursuant to the provisions of 8.01-456, when the judgment creditor cannot be located, may, prior to the expiration of that period for enforcement, pay the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and docket the judgment in the circuit court having jurisdiction in the same geographic area as the general district court. After the expiration of the period provided in 16.1-94.1, executions on such docketed civil judgments may issue from the general district court wherein the judgment was obtained upon the filing in the general district court of an abstract from the circuit court. In all other respects, the docketing of a general district court judgment in a circuit court confers upon such judgment the same status as if the judgment were a circuit court judgment; |
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| 48 | 48 | | |
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| 49 | 49 | | 5. Dockets for civil cases shall be retained for 10 years; |
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| 50 | 50 | | |
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| 51 | 51 | | 6. Indices in civil cases shall be retained for 10 years. |
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| 52 | 52 | | |
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| 53 | 53 | | C. Juvenile and domestic relations district court proceedings: |
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| 54 | 54 | | |
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| 55 | 55 | | 1. In adult criminal cases, all records shall be retained as provided in subdivision A 1; |
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| 56 | 56 | | |
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| 57 | 57 | | 2. In juvenile cases, all documents and indices shall be governed by the provisions of 16.1-306; |
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| 58 | 58 | | |
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| 59 | 59 | | 3. In all cases involving support arising under Title 16.1, 20, or 63.2, all documents and indices shall be retained until the last juvenile involved, if any, has reached 19 years of age and 10 years have elapsed from either dismissal or termination of the case by court order or by operation of law. Financial records in connection with such cases shall be subject to the provisions of 16.1-69.56; |
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| 60 | 60 | | |
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| 61 | 61 | | 4. In all cases involving sexually violent offenses, as defined in 37.2-900, and in all misdemeanor cases under 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, and in felony cases under 18.2-67.4:2, all documents shall be retained for 50 years; |
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| 62 | 62 | | |
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| 63 | 63 | | 5. In cases transferred to circuit court for trial as an adult or appealed to circuit court, all documents pertaining thereto shall be transferred to circuit court; |
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| 64 | 64 | | |
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| 65 | 65 | | 6. All dockets in juvenile cases shall be governed by the provisions of subsection F of 16.1-306. |
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| 66 | 66 | | |
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| 67 | 67 | | D. At the direction of the chief judge of a district court, the clerk of that court may cause any or all papers or documents pertaining to civil and criminal cases that have been ended to be destroyed if such records, papers, or documents will no longer have administrative, fiscal, historical, or legal value to warrant continued retention, provided such records, papers, or documents have been microfilmed or converted to an electronic format. Such microfilm and microphotographic processes and equipment shall meet state archival microfilm standards pursuant to 42.1-82, or such electronic format shall follow state electronic records guidelines, and such records, papers, or documents so converted shall be placed in conveniently accessible files and provisions made for examining and using the same. The provisions of this subsection shall not apply to the documents for misdemeanor cases under 16.1-253.2, 18.2-57.2, 18.2-60.4, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, or a felony case under 18.2-67.4:2, which shall be retained as provided in subsection A. |
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| 68 | 68 | | |
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| 69 | 69 | | 18.2-61. Rape. |
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| 70 | 70 | | |
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| 71 | 71 | | A. If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i) against the complaining witness's will, by force, threat or intimidation of or against the complaining witness or another person; or (ii) through the use of the complaining witness's mental incapacity or physical helplessness; or (iii) with a child under age 13 as the victim, he or she shall be guilty of rape. |
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| 72 | 72 | | |
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| 73 | 73 | | B. A violation of this section shall be punishable, in the discretion of the court or jury, by confinement in a state correctional facility for life or for any term not less than five years; and in addition: |
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| 74 | 74 | | |
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| 75 | 75 | | 1. For a violation of clause (iii) of subsection A where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90, or 18.2-91, or (iii) 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years confinement for life; or |
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| 76 | 76 | | |
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| 77 | 77 | | 2. For a violation of clause (iii) of subsection A where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life. |
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| 78 | 78 | | |
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| 79 | 79 | | The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of clause (iii) of subsection A, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court. |
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| 80 | 80 | | |
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| 81 | 81 | | There shall be a rebuttable presumption that a juvenile over the age of 10 but less than 12, does not possess the physical capacity to commit a violation of this section. In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness. |
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| 82 | 82 | | |
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| 83 | 83 | | C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness. |
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| 84 | 84 | | |
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| 85 | 85 | | 18.2-67.1. Forcible sodomy. |
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| 86 | 86 | | |
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| 87 | 87 | | A. An accused shall be guilty of forcible sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal intercourse with a complaining witness whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person, and |
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| 88 | 88 | | |
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| 89 | 89 | | 1. The complaining witness is less than 13 years of age; or |
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| 90 | 90 | | |
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| 91 | 91 | | 2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness. |
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| 92 | 92 | | |
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| 93 | 93 | | B. Forcible sodomy is a felony punishable by confinement in a state correctional facility for life or for any term not less than five years; and in addition: |
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| 94 | 94 | | |
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| 95 | 95 | | 1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90, or 18.2-91, or (iii) 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years for life without the possibility of parole; or |
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| 96 | 96 | | |
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| 97 | 97 | | 2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life without the possibility of parole. |
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| 98 | 98 | | |
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| 99 | 99 | | The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court. |
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| 100 | 100 | | |
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| 101 | 101 | | In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness. |
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| 102 | 102 | | |
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| 103 | 103 | | C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness. |
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| 104 | 104 | | |
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| 105 | 105 | | 18.2-67.2. Object sexual penetration; penalty. |
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| 106 | 106 | | |
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| 107 | 107 | | A. An accused shall be guilty of inanimate or animate object sexual penetration if he or she penetrates the labia majora or anus of a complaining witness, whether or not his or her spouse, other than for a bona fide medical purpose, or causes such complaining witness to so penetrate his or her own body with an object or causes a complaining witness, whether or not his or her spouse, to engage in such acts with any other person or to penetrate, or to be penetrated by, an animal, and |
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| 108 | 108 | | |
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| 109 | 109 | | 1. The complaining witness is less than 13 years of age; or |
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| 110 | 110 | | |
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| 111 | 111 | | 2. The act is accomplished against the will of the complaining witness, by force, threat or intimidation of or against the complaining witness or another person, or through the use of the complaining witness's mental incapacity or physical helplessness. |
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| 112 | 112 | | |
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| 113 | 113 | | B. Inanimate or animate object sexual penetration is a felony punishable by confinement in the state correctional facility for life or for any term not less than five years; and in addition: |
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| 114 | 114 | | |
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| 115 | 115 | | 1. For a violation of subdivision A 1, where the offender is more than three years older than the victim, if done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of 18.2-47 or 18.2-48, (ii) 18.2-89, 18.2-90, or 18.2-91, or (iii) 18.2-51.2, the punishment shall include a mandatory minimum term of confinement of 25 years for life without the possibility of parole; or |
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| 116 | 116 | | |
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| 117 | 117 | | 2. For a violation of subdivision A 1 where it is alleged in the indictment that the offender was 18 years of age or older at the time of the offense, the punishment shall include a mandatory minimum term of confinement for life without the possibility of parole. |
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| 118 | 118 | | |
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| 119 | 119 | | The mandatory minimum terms of confinement prescribed for violations of this section shall be served consecutively with any other sentence. If the term of confinement imposed for any violation of subdivision A 1, where the offender is more than three years older than the victim, is for a term less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years. This suspended sentence shall be suspended for the remainder of the defendant's life, subject to revocation by the court. |
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| 120 | 120 | | |
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| 121 | 121 | | In any case deemed appropriate by the court, all or part of any sentence imposed for a violation under this section against a spouse may be suspended upon the defendant's completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1 if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and will be in the best interest of the complaining witness. |
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| 122 | 122 | | |
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| 123 | 123 | | C. Upon a finding of guilt under this section, when a spouse is the complaining witness in any case tried by the court without a jury, the court, without entering a judgment of guilt, upon motion of the defendant who has not previously had a proceeding against him for violation of this section dismissed pursuant to this subsection and with the consent of the complaining witness and the attorney for the Commonwealth, may defer further proceedings and place the defendant on probation pending completion of counseling or therapy, if not already provided, in the manner prescribed under 19.2-218.1. If the defendant fails to so complete such counseling or therapy, the court may make final disposition of the case and proceed as otherwise provided. If such counseling is completed as prescribed under 19.2-218.1, the court may discharge the defendant and dismiss the proceedings against him if, after consideration of the views of the complaining witness and such other evidence as may be relevant, the court finds such action will promote maintenance of the family unit and be in the best interest of the complaining witness. |
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| 124 | 124 | | |
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| 125 | 125 | | 18.2-67.3. Aggravated sexual battery; penalty. |
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| 126 | 126 | | |
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| 127 | 127 | | A. An accused is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and |
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| 128 | 128 | | |
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| 129 | 129 | | 1. The complaining witness is less than 13 years of age; or |
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| 130 | 130 | | |
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| 131 | 131 | | 2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness; or |
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| 132 | 132 | | |
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| 133 | 133 | | 3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age; or |
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| 134 | 134 | | |
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| 135 | 135 | | 4. The act is accomplished against the will of the complaining witness by force, threat or intimidation, and |
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| 136 | 136 | | |
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| 137 | 137 | | a. The complaining witness is at least 13 but less than 15 years of age; or |
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| 138 | 138 | | |
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| 139 | 139 | | b. The accused causes serious bodily or mental injury to the complaining witness; or |
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| 140 | 140 | | |
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| 141 | 141 | | c. The accused uses or threatens to use a dangerous weapon; or |
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| 142 | 142 | | |
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| 143 | 143 | | 5. The offense is not a recognized form of treatment in the profession, and is committed, without the express consent of the patient, by (i) a massage therapist, or a person purporting to be a massage therapist, during an actual or purported practice of massage therapy, as those terms are defined in 54.1-3000; (ii) a person practicing or purporting to practice the healing arts, during an actual or purported practice of the healing arts, as those terms are defined in 54.1-2900 and 54.1-2903; or (iii) a physical therapist, or a person purporting to be a physical therapist, during an actual or purported practice of physical therapy, as those terms are defined in 54.1-3473. |
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| 144 | 144 | | |
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| 145 | 145 | | B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000. Where the complaining witness is younger than 18 years of age, aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a mandatory minimum term of confinement for life without the possibility of parole. |
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| 146 | 146 | | |
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| 147 | 147 | | 18.2-67.4:2. Sexual abuse of a child under 15 years of age; penalty. |
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| 148 | 148 | | |
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| 149 | 149 | | Any adult who, with lascivious intent, commits an act of sexual abuse, as defined in 18.2-67.10, with any child 13 years of age or older but under 15 years of age is guilty of a Class 1 misdemeanor felony punishable by confinement in a state correctional facility for a mandatory minimum term of confinement for life without the possibility of parole. |
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| 150 | 150 | | |
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| 151 | 151 | | 19.2-8. Limitation of prosecutions. |
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| 152 | 152 | | |
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| 153 | 153 | | A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of the offense. |
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| 154 | 154 | | |
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| 155 | 155 | | A prosecution for any misdemeanor violation of 54.1-3904 shall be commenced within two years of the discovery of the offense. |
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| 156 | 156 | | |
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| 157 | 157 | | A prosecution for violation of laws governing the placement of children for adoption without a license pursuant to 63.2-1701 shall be commenced within one year from the date of the filing of the petition for adoption. |
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| 158 | 158 | | |
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| 159 | 159 | | A prosecution for making a false statement or representation of a material fact knowing it to be false or knowingly failing to disclose a material fact, to obtain or increase any benefit or other payment under the Virginia Unemployment Compensation Act ( 60.2-100 et seq.) shall be commenced within three years next after the commission of the offense. |
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| 160 | 160 | | |
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| 161 | 161 | | A prosecution for any violation of 10.1-1320, 62.1-44.32 (b), 62.1-194.1, or Article 11 ( 62.1-44.34:14 et seq.) of Chapter 3.1 of Title 62.1 that involves the discharge, dumping or emission of any toxic substance as defined in 32.1-239 shall be commenced within three years next after the commission of the offense. |
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| 162 | 162 | | |
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| 163 | 163 | | Prosecution of Building Code violations under 36-106 shall commence within one year of discovery of the offense by the building official, provided that such discovery occurs within two years of the date of initial occupancy or use after construction of the building or structure, or the issuance of a certificate of use and occupancy for the building or structure, whichever is later. However, prosecutions under 36-106 relating to the maintenance of existing buildings or structures as contained in the Uniform Statewide Building Code shall commence within one year of the issuance of a notice of violation for the offense by the building official. |
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| 164 | 164 | | |
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| 165 | 165 | | Prosecution of any misdemeanor violation of 54.1-111 shall commence within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense. |
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| 166 | 166 | | |
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| 167 | 167 | | Prosecution of any misdemeanor violation of any professional licensure requirement imposed by a locality shall commence within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense. |
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| 168 | 168 | | |
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| 169 | 169 | | Prosecution of nonfelonious offenses which constitute malfeasance in office shall commence within two years next after the commission of the offense. |
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| 170 | 170 | | |
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| 171 | 171 | | Prosecution for a violation for which a penalty is provided for by 55.1-1989 shall commence within three years next after the commission of the offense. |
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| 172 | 172 | | |
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| 173 | 173 | | Prosecution of illegal sales or purchases of wild birds, wild animals and freshwater fish under 29.1-553 shall commence within three years after commission of the offense. |
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| 174 | 174 | | |
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| 175 | 175 | | Prosecution of violations under Title 58.1 for offenses involving false or fraudulent statements, documents or returns, or for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof, or for the offense of willfully failing to pay any tax, or willfully failing to make any return at the time or times required by law or regulations shall commence within three years next after the commission of the offense, unless a longer period is otherwise prescribed. |
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| 176 | 176 | | |
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| 177 | 177 | | Prosecution of violations of subsection A or B of 3.2-6570 shall commence within five years of the commission of the offense, except violations regarding agricultural animals shall commence within one year of the commission of the offense. |
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| 178 | 178 | | |
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| 179 | 179 | | A prosecution for a misdemeanor violation of 18.2-386.1 or 18.2-386.2 shall be commenced within five years of the commission of the offense or within one year of the date the victim discovers the offense or, by the exercise of due diligence, reasonably should have discovered the offense, whichever is later. |
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| 180 | 180 | | |
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| 181 | 181 | | A prosecution for any violation of the Campaign Finance Disclosure Act, Chapter 9.3 ( 24.2-945 et seq.) of Title 24.2, shall commence within one year of the discovery of the offense but in no case more than three years after the date of the commission of the offense. |
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| 182 | 182 | | |
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| 183 | 183 | | A prosecution of a crime that is punishable as a misdemeanor pursuant to the Virginia Computer Crimes Act ( 18.2-152.1 et seq.) or pursuant to 18.2-186.3 for identity theft shall be commenced before the earlier of (i) five years after the commission of the last act in the course of conduct constituting a violation of the article or (ii) one year after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, by the owner, or by anyone else who is damaged by such violation. |
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| 184 | 184 | | |
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| 185 | 185 | | A prosecution of a misdemeanor under 18.2-64.2, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, or 18.2-370.6 or clause (ii) of 18.2-371 or a felony under 18.2-67.4:2 where the victim is a minor at the time of the offense shall be commenced no later than one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority. |
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| 186 | 186 | | |
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| 187 | 187 | | A prosecution for a violation of 18.2-260.1 shall be commenced within three years of the commission of the offense. |
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| 188 | 188 | | |
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| 189 | 189 | | Nothing in this section shall be construed to apply to any person fleeing from justice or concealing himself within or without the Commonwealth to avoid arrest or be construed to limit the time within which any prosecution may be commenced for desertion of a spouse or child or for neglect or refusal or failure to provide for the support and maintenance of a spouse or child. |
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| 190 | 190 | | |
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| 191 | 191 | | 19.2-310.2. Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee. |
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| 192 | 192 | | |
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| 193 | 193 | | A. Every person convicted of a felony on or after July 1, 1990, every person convicted of a felony offense under Article 7 ( 18.2-61 et seq.) of Chapter 4 of Title 18.2 who was incarcerated on July 1, 1989, and every person convicted of a misdemeanor violation of 16.1-253.2, 18.2-57, 18.2-60.3, 18.2-60.4, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, 18.2-102, 18.2-119, 18.2-121, 18.2-130, 18.2-370.6, 18.2-387, or 18.2-387.1 or subsection E of 18.2-460 or a felony under 18.2-67.4:2 or of any similar ordinance of any locality shall have a sample of his blood, saliva, or tissue taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. If a sample from the person is stored in the DNA data bank as indicated by the Department of Forensic Science DNA data bank sample tracking system, no additional sample shall be taken. A fee of $53 shall be charged for the withdrawal of this sample. The fee shall be taxed as part of the costs of the criminal case resulting in the conviction and $15 of the fee shall be paid into the general fund of the locality where the sample was taken and $38 of the fee shall be paid into the general fund of the state treasury. This fee shall only be taxed one time regardless of the number of samples taken. The assessment provided for herein shall be in addition to any other fees prescribed by law. The analysis shall be performed by the Department of Forensic Science or other entity designated by the Department. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the Department in a DNA data bank and shall be made available only as provided in 19.2-310.5. |
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| 194 | 194 | | |
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| 195 | 195 | | B. After July 1, 1990, the blood, saliva, or tissue sample shall be taken prior to release from custody. Notwithstanding the provisions of 53.1-159, any person convicted of an offense listed in subsection A who is in custody after July 1, 1990, shall provide a blood, saliva, or tissue sample prior to his release. Every person so convicted after July 1, 1990, who is not sentenced to a term of confinement shall provide a blood, saliva, or tissue sample as a condition of such sentence. A person required under this section to submit a sample for DNA analysis is not relieved from this requirement regardless of whether no blood, saliva, or tissue sample has been taken from the person or, if a sample has been taken, whether the sample or the results from the analysis of a sample cannot be found in the DNA data bank maintained by the Department of Forensic Science. |
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| 196 | 196 | | |
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| 197 | 197 | | C. Nothing in this section shall prevent the Department of Forensic Science from including the identification characteristics of an individual's DNA profile in the DNA data bank as ordered by a circuit court pursuant to a lawful plea agreement. |
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| 198 | 198 | | |
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| 199 | 199 | | D. A collection or placement of a sample for DNA analysis that was taken or retained in good faith does not invalidate the sample's use in the data bank pursuant to the provisions of this article. The detention, arrest, or conviction of a person based upon a data bank match or data bank information is not invalidated if it is determined that the sample was obtained, placed, or retained in the data bank in good faith, or if the conviction or juvenile adjudication that resulted in the collection of the DNA sample was subsequently vacated or otherwise altered in any future proceeding, including but not limited to post-trial or post-fact-finding motions, appeals, or collateral attacks. |
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| 200 | 200 | | |
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| 201 | 201 | | E. The Virginia Department of Corrections and the Department of Forensic Science shall, on a quarterly basis, compare databases of offenders under the custody or supervision of the Department of Corrections with the DNA data bank of the Department of Forensic Science. The Virginia Department of Corrections shall require a DNA sample of those offenders under its custody or supervision who are required to submit a sample pursuant to this section if they are not identified in the DNA data bank. |
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| 202 | 202 | | |
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| 203 | 203 | | F. The Department of State Police shall verify that a DNA sample required to be taken for the Sex Offender and Crimes Against Minors Registry pursuant to 9.1-903 has been received by the Department of Forensic Science. In any instance where a DNA sample has not been received, the Department of State Police or its designee shall obtain from the person required to register a sample for DNA analysis. |
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| 204 | 204 | | |
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| 205 | 205 | | G. Each community-based probation services agency established pursuant to 9.1-174 shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to discharge whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender's sample is not stored in the data bank, require the offender to submit a sample for DNA analysis. |
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| 206 | 206 | | |
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| 207 | 207 | | H. The sheriff or regional jailer shall determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to release whether a blood, saliva, or tissue sample is stored in the DNA data bank for each offender required to submit a sample pursuant to this section and, if an offender's sample is not stored in the data bank, require the offender to submit a sample for DNA analysis. |
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| 208 | 208 | | |
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| 209 | 209 | | 2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is at least $18,140,089 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |
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