Tuesday, October 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1792: Sexually violent predators; conviction for bestiality qualifies person for civil commitment.
Be it enacted by the General Assembly of Virginia:
1. That § 37.2-900 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-900. (Effective January 1, 2007) Definitions.
As used in this chapter, unless the context requires a different meaning:
"Defendant" means any person charged with a sexually violent offense who is deemed to be an unrestorably incompetent defendant pursuant to § 19.2-169.3 and is referred for commitment review pursuant to this chapter.
"Director" means the Director of the Department of Corrections.
"Mental abnormality" or "personality disorder" means a congenital or acquired condition that affects a person's emotional or volitional capacity and renders the person so likely to commit sexually violent offenses that he constitutes a menace to the health and safety of others.
"Sexually violent offense" means (i) a felony
conviction under former § 18-54, former § 18.1-44, § 18.2-61, 18.2-67.1, or
18.2-67.2; (ii) a conviction under § 18.2-48 (ii), 18.2-48 (iii), 18.2-63,
18.2-64.1, or 18.2-67.3; (iii) a felony conviction under the laws of the
Commonwealth for a forcible sexual offense committed prior to July 1, 1981,
where the criminal behavior on which the conviction is based is set forth in §
18.2-67.1 or 18.2-67.2, or is set forth in § 18.2-67.3; or (iv) a
conviction under subsection A of §18.2-361 for carnally knowing a brute animal;
or (v) a felony conviction for conspiracy to commit or attempt to
commit any of the above offenses.
"Sexually violent predator" means any person who (i) has been convicted of a sexually violent offense or has been charged with a sexually violent offense and is unrestorably incompetent to stand trial pursuant to § 19.2-169.3 and (ii) because of a mental abnormality or personality disorder, finds it difficult to control his predatory behavior, which makes him likely to engage in sexually violent acts.
Additional Data
Explanation
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