Friday, September 5, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB905: Statutory burglary; increased punishment.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-90 and 18.2-91 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-90. Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.
If any person in the nighttime enters without breaking or in
the daytime breaks and enters or enters and conceals himself in a dwelling
house or an adjoining, occupied outhouse or in the nighttime enters without
breaking or at any time breaks and enters or enters and conceals himself in any
building permanently affixed to realty, or any ship, vessel or river craft or
any railroad car, or any automobile, truck or trailer, if such automobile, truck
or trailer is used as a dwelling or place of human habitation, with intent to
commit murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or §
18.2-80, he shall be deemed is guilty
of statutory burglary, which offense shall be a Class
3 a felony punishable
by imprisonment of not less than 10 or
more than 20 years and by a fine of not more than $100,000.
However, if such person was armed with a deadly weapon at the time of such
entry, he shall be is guilty
of a Class 2 felony.
§ 18.2-91. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony.
If any person commits any of the acts mentioned in § 18.2-90
with intent to commit larceny, or any felony other than murder, rape, robbery
or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person
commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to
commit assault and battery, he shall be is guilty
of statutory burglary, punishable by confinement in a state correctional facility
for not less than one two
or more than twenty years or, in the discretion of the jury or the court
trying the case without a jury, be confined in jail for a period not exceeding
twelve months or fined not more than $2,500, either or both.
However, if the person was armed with a deadly weapon at the time of such
entry, he shall be is guilty
of a Class 2 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 is at least $820,932 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.