HB160: Larceny; punishment for using emergency exit to exit premises.


HOUSE BILL NO. 160
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 4, 2008)
(Patron Prior to Substitute--Delegate Albo)
A BILL to amend the Code of Virginia by adding a section numbered 18.2-104.2, relating to punishment when using an emergency exit during larceny; penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-104.2 as follows:

§ 18.2-104.2. Additional punishment for using emergency exit during larceny.

Any person, when he commits a larceny or any offense deemed to be or punished as larceny under any provision of the Code, who, during the commission of the offense, uses an emergency exit to leave the structure where the offense took place is guilty of a Class 1 misdemeanor.

For purposes of this section, an emergency exit is any doorway or other exit from any place where goods are offered for sale that is designated or labeled as an emergency exit and that is not routinely used as an entrance to the structure or routinely used by the public to enter or leave the structure.

HOUSE BILL NO. 160
Offered January 9, 2008
Prefiled December 21, 2007
A BILL to amend the Code of Virginia by adding a section numbered 18.2-104.2, relating to punishment when using an emergency exit during larceny ; penalty.
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Patron-- Albo
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-104.2 as follows:

§ 18.2-104.2. Punishment for using emergency exit during larceny.

When a person is convicted of larceny or any offense deemed to be or punished as larceny under any provision of the Code and it is alleged in the warrant, indictment, or information on which he is convicted, and it is admitted or found by the jury or judge before whom he is tried that, in the commission of the offense, he used an exit door erected and maintained to comply with the requirements of 29 C.F.R. § 1910 Subpart E, or any other exit designated for use as an emergency exit to exit the premises of a store or any place where goods are offered for sale, he is guilty of a Class 6 felony.

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 cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.