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Session Laws, 1995
Volume 793, Page 4078   View pdf image
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H.B. 230                                                       VETOES

(2) (I) A SEXUALLY VIOLENT PREDATOR WHO HAS BEEN
REGISTERED UNDER THIS SECTION FOR AT LEAST 10 YEARS MAY FILE A PETITION
REQUESTING A COURT TO RULE THAT THE PERSON IS NO LONGER A SEXUALLY
VIOLENT PREDATOR.

(II) A PETITION UNDER THIS SECTION MAY BE FILED EITHER IN
THE CIRCUIT COURT FOR THE COUNTY WHERE THE SEXUALLY VIOLENT PREDATOR
WAS CONVICTED OR WHERE THE SEXUALLY VIOLENT PREDATOR HAS A

RESIDENCE.

(III) IF A PETITION IS FILED UNDER THIS PARAGRAPH, THE COURT
MAY:

1. REEVALUATE A DETERMINATION THAT AN OFFENDER IS
A SEXUALLY VIOLENT PREDATOR AT ANY TIME; AND

2. ISSUE AN ORDER STATING THAT THE OFFENDER IS NO
LONGER CONSIDERED A SEXUALLY VIOLENT PREDATOR.

(IV) IF A COURT ISSUES AN ORDER STATING THAT THE OFFENDER
IS NO LONGER A SEXUALLY VIOLENT PREDATOR, THE CONTINUING REPORTING
REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH NO LONGER APPLY TO
THE OFFEN
DER;

(3) (I) IN MAKING A DETERMINATION UNDER PARAGRAPH (1) OR
PARAGRAPH (2) OF THIS SUBSECTION, A COURT SHALL HAVE THE PERSON
EVALUATED BY AN APPROPRIATE EXPERT IN THE TREATMENT OF SEXUAL
OFFENDERS.

(II) A SEX OFFENDER MAY INTRODUCE EVIDENCE, INCLUDING
EXPERT TESTIMONY, AT A HEARING UNDER THIS SUBSECTION.

(4) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
SEXUALLY VIOLENT PREDATOR SHALL CONTINUE TO VERIFY ANNUALLY THE
OFFENDER'S PLACE OF RESIDENCE AND REPORT CHANGES OF ADDRESS TO T
HE
SUPERVISING AUTHORITY AFTER THE PERIOD SPECIFIED IN SUBSECTION (I) OF THIS
SECTION.

(G) (I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
AND SUBSECTION (H) OF THIS SECTION, THE REGISTRATION REQUIRED UNDER THIS
SECTION APPLIES ONLY FOR A PERIOD OF 10 YEARS FROM THE DATE OF
CONVICTION RELEASE FROM INCARCERATION, GRANT OF PROBATION,
OR
SUSPENSION OF SENTENCE FOR A CRIME SPECIFIED IN SUBSECTION (A)(2)
SUBSECTION (A)(7) OF THIS SECTION.

(2) A SEX OFFENDER WHO IS CONVICTED OF AN OFFENSE INVOLVING A
MINOR SHALL CONTINUE TO VERIFY ANNUALLY THE OFFENDER'
S PLACE OF
RESIDENCE AND REPORT CHANGES OF ADDRESS TO THE SUPERVISING AUTHORITY

AFTER THE PERIOD SPECIFIED IN PARAGRAPH (1) OF THIS SUBSECTION.

- 4078 -

 

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Session Laws, 1995
Volume 793, Page 4078   View pdf image
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