HOUSE BILL NO. 2404 Offered January 10, 2007 Prefiled January 9, 2007 A BILL to amend the Code of Virginia by adding a section numbered 18.2-370.5, and to repeal § 18.2-370.3 of the Code of Virginia, relating to sex offenses prohibiting residing in proximity to children; penalty. ---------- Patron-- Athey ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 18.2-370.5 as follows:

§ 18.2-370.5. Sex offenses prohibiting residing in proximity to children; penalty.

A. Every adult who is convicted of an offense requiring registration under the Sex Offender and Crimes Against Minors Registry Act (§ 9.1-900 et seq.) where the victim of one of the offenses requiring registration was a minor, shall be forever prohibited from residing within 1000 feet of the premises of any place he knows or has reason to know is a child day center as defined in § 63.2-100, a public, private, parochial, or Christian primary, secondary, or high school, a school bus stop, a community park or playground, recreation center, or a public pool. A violation of this section is a Class 6 felony.

B. An adult who is convicted of an offense as specified in subsection A and has established a lawful residence shall not be in violation of this section if a child day center, a public, private, parochial, or Christian primary, secondary, or high school, a school bus stop, a community park or playground, recreation center, or a public pool is established within 1000 feet of his residence subsequent to his conviction.

2.  That § 18.2-370.3 of the Code of Virginia is repealed.

3.  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.