§ 46-23-507 — Penalty

46-23-507 . Penalty. (1) A sexual or violent offender who knowingly fails to register, verify registration, or keep registration current under this part may be sentenced to a term of imprisonment of not more than 5 years or may be fined not more than $10,000, or both.
(2) (a) Violent offenders who were convicted of failing to register, verify registration, or keep registration current under this part after having successfully registered for 10 years and whose conviction occurred before October 1, 2021, must have their conviction vacated.
(b) Within 1 year from October 1, 2021, the department of justice shall provide notice to the appropriate district court for each conviction described in subsection (2)(a).
(c) Upon receiving notification from the department of justice, the district court shall, on its own motion, vacate the offender's conviction for failing to register, verify registration, or keep registration current.
(3) When the court vacates a conviction under this section, the court shall:
(a) send a copy of the order vacating the conviction to the prosecutor and the department of justice; and
(b) order the expungement of all records of arrest, investigation, and detention, and any court proceedings that may have been held by the court, the investigating law enforcement agency, or the department of justice related to the conviction.
(4) The prosecutor and the department of justice shall inform the person whose conviction has been vacated under this section that the conviction is vacated.

Legislative History

En. Sec. 8, Ch. 293, L. 1989; amd. Sec. 10, Ch. 407, L. 1995; amd. Sec. 9, Ch. 550, L. 1995; amd. Sec. 10, Ch. 375, L. 1997; amd. Sec. 2, Ch. 227, L. 2021.