Wednesday, October 8, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB567: Sexual offenses; those convicted prohibited entry onto school property.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-370.5 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-370.5. Sex offenses prohibiting entry onto school property; penalty.
A. Every adult who is convicted of a sexually violent offense,
as defined in § 9.1-902, shall be prohibited from entering and being present,
during school hours, upon any property he knows or has reason to know is a
public or private elementary or secondary school, or child day center
property as defined in § 63.2-100, unless (i) he is a lawfully
registered and qualified voter, and is coming upon such property solely for
purposes of casting his vote; (ii) he is a student enrolled at the school;
or (iii) he has obtained a court order allowing him to enter and be present
upon such property; or (iv) he is coming upon such property solely for
purposes of attending a scheduled religious service or a meeting related to a
religious ministry and he leaves the property immediately upon the completion
of the service or meeting, and is in compliance with terms and conditions
of the order. A violation of this section is punishable as a Class 6 felony.
B. Every adult who is prohibited from entering upon school or child day center property pursuant to subsection A may after notice to the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the superintendent of public instruction of the school division in which the school is located, or (iii) the chief administrator of the school if such school is not a public school, petition the juvenile and domestic relations district court or the circuit court in the county or city where the school or child day center is located for permission to enter such property. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to whatever restrictions of area, reasons for being present, or time limits the court deems appropriate.
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.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-370.5 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-370.5. Sex offenses prohibiting entry onto school property; penalty.
A. Every adult who is convicted of a sexually violent offense,
as defined in § 9.1-902, shall be prohibited from entering and being present,
during school hours, upon any property he knows or has reason to
know is a public or private elementary or secondary school or child day center
property, unless (i) he is a lawfully registered and qualified voter, and is
coming upon such property solely for purposes of casting his vote; (ii) he is a
student enrolled at the school; or (iii) he has obtained a court order allowing
him to enter and be present upon such property, and is in compliance with terms
and conditions of the order. A violation of this section is punishable as a
Class 6 felony.
B. Every adult who is prohibited from entering upon school or child day center property pursuant to subsection A may after notice to the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the superintendent of public instruction of the school division in which the school is located, or (iii) the chief administrator of the school if such school is not a public school, petition the juvenile and domestic relations district court or the circuit court in the county or city where the school or child day center is located for permission to enter such property. For good cause shown, the court may issue an order permitting the petitioner to enter and be present on such property, subject to whatever restrictions of area, reasons for being present, or time limits the court deems appropriate.
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.