HOUSE BILL NO. 638 Offered January 11, 2006 Prefiled January 10, 2006 A BILL to amend the Code of Virginia by adding a section numbered 18.2-96.2, relating to larceny from an incapacitated person; penalty. ---------- Patron-- Phillips ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-96.2 as follows:

§ 18.2-96.2. Larceny from an incapacitated person; penalty.

Any caregiver who commits petit larceny in violation of § 18.2-96, when the victim is an incapacitated person, shall be subject to a mandatory minimum term of confinement of 90 days. Any caregiver who commits grand larceny in violation of § 18.2-95, when the victim is an incapacitated person, shall be subject to a mandatory minimum term of confinement of 180 days.

"Caregiver" for the purposes of this section means a person who provides necessary care to an incapacitated person and may be a friend, relative, legal guardian, or other person appointed by a court to provide assistance or protection to an incapacitated person.

"Incapacitated person" for the purposes of this section means a person, whether an adult or juvenile, who is, by virtue of age or mental or physical illness, incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to:

1. Meet the essential requirements for his health, care, safety, or therapeutic needs without the assistance or protection of his caregiver; or

2. Manage property or financial affairs or provide for his support or for the support of his legal dependents without the assistance or protection of his caregiver.

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, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.