Monday, October 13, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB993: Sexual offenders; prohibiting proximity to children and others.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-370.2 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-370.2. Offenses prohibiting proximity to children and others; penalty.
A. "Offense prohibiting proximity to children" means:
1. aA
violation or an attempt to commit a violation of (i) subsection A of § 18.2-47,
clause (ii) or (iii) of § 18.2-48, subsection B of § 18.2-361, or subsection B
of § 18.2-366, where the victim of one of the foregoing offenses was a minor,
or (ii) subsection A (iii) of § 18.2-61, §§ 18.2-63, 18.2-64.1, subdivision A 1
of § 18.2-67.1, subdivision A 1 of § 18.2-67.2, or subdivision A 1 or A 4 (a)
of § 18.2-67.3, or §§ 18.2-370, 18.2-370.1, clause (ii) of § 18.2-371, §§
18.2-374.1, 18.2-374.1:1 or § 18.2-379; and
2. An offense requiring registration under § 9.1-902.
B. Every adult who is convicted of an offense prohibiting proximity to children as defined in subdivision A 1 when the offense occurred on or after July 1, 2000, or of an offense as defined in subdivision A 2 on July 1, 2006, when the offense occurred on or after July 1, 2006, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary, or high school. A violation of this section is punishable as a Class 6 felony.
C. A judge sentencing a person upon conviction of an offense requiring registration under § 9.1-902 shall, as a condition of probation, or deferment or suspension of sentence, impose upon the defendant reasonable employment or occupational prohibitions and restrictions designed to protect the class or classes of persons containing the likely victims of further offenses by the defendant.
D. In addition to any restriction on employment imposed under subsection C, a judge sentencing a person convicted of an offense prohibiting proximity to children shall, as a condition of probation, or deferment or suspension of sentence, impose upon the defendant restrictions on the defendant's residency in the proximity of a private or public elementary or high school, child day center, church, or park.
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.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.