Sunday, October 12, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB622: Sexual offender; prohibited from residing within 500 feet of public park in proximity to children.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-370.3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-370.3. Sex offenses prohibiting residing in proximity to children; penalty.
A. Every adult who is convicted of an offense occurring on or after July 1, 2006, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of § 18.2-67.2, shall be forever prohibited from residing within 500 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, or a primary, secondary, or high school. A violation of this section is a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90 or 18.2-91, or (iii) § 18.2-51.2.
B. An adult who is convicted of an offense as specified in subsection A of this section and has established a lawful residence shall not be in violation of this section if a child day center or a primary, secondary, or high school is established within 500 feet of his residence subsequent to his conviction.
C. Every adult who is convicted of an offense occurring on or after July 1, 2008, where the offender is more than three years older than the victim, of one of the following qualifying offenses: (i) clause (iii) of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of § 18.2-67.2, shall be forever prohibited from residing within 500 feet of the boundary line of any place he knows is a public park when such park (i) is owned and operated by a county, city or town, (ii) shares a boundary line with a primary, secondary, or high school and (iii) is regularly used for school activities. A violation of this section is a Class 6 felony. The provisions of this section shall only apply if the qualifying offense was done in the commission of, or as a part of the same course of conduct as, or as part of a common scheme or plan as a violation of (i) subsection A of § 18.2-47 or § 18.2-48, (ii) § 18.2-89, 18.2-90 or 18.2-91, or (iii) § 18.2-51.2.
D. An adult who is convicted of an offense as specified in subsection C and has established a lawful residence shall not be in violation of this section if a public park that (i) is owned and operated by a county, city or town, (ii) shares a boundary line with a primary, secondary, or high school, and (iii) is regularly used for school activities, is established within 500 feet of his residence subsequent to his conviction.
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 § 18.2-370.3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-370.3. Sex offenses prohibiting residing in proximity to children; penalty.
A. Every adult who is convicted of an offense occurring on or
after July 1, 2006, where the offender is more than three years older than the
victim, of one of the following qualifying offenses: (i) clause (iii) of
subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii)
subdivision A 1 of § 18.2-67.2, shall be forever prohibited from residing
within 500 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, or a
primary, secondary, or high school, or a public park that is
adjacent to a primary, secondary, or high school. A violation of
this section is a Class 6 felony. The provisions of this section shall only
apply if the qualifying offense was done in the commission of, or as a part of
the same course of conduct as, or as part of a common scheme or plan as a
violation of (i) subsection A of § 18.2-47 or 18.2-48, (ii) § 18.2-89, 18.2-90
or 18.2-91, or (iii) § 18.2-51.2.
B. An adult who is convicted of an offense as specified in
subsection A of this section and has established a lawful residence shall not
be in violation of this section if a child day center or,
a primary, secondary, or high school, or public park
adjacent thereto is established within 500 feet of his residence
subsequent to his conviction.
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.