SENATE BILL NO. 175 Offered January 9, 2008 Prefiled January 7, 2008 A BILL to amend and reenact § 18.2-370.2 of the Code of Virginia, relating to sex offenses prohibiting proximity to children; recreation centers, etc.; penalties. ---------- Patron-- Blevins (By Request) ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-370.2 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-370.2. Sex offenses prohibiting proximity to children; penalty.

A. "Offense prohibiting proximity to children" means a violation or an attempt to commit a violation of (i) subsection A of § 18.2-47, clause (ii) or (iii) of § 18.2-48, subsection B of § 18.2-361, or subsection B of § 18.2-366, where the victim of one of the foregoing offenses was a minor, or (ii) subsection A (iii) of § 18.2-61, §§ 18.2-63, 18.2-64.1, subdivision A 1 of § 18.2-67.1, subdivision A 1 of § 18.2-67.2, or subdivision A 1 or A 4 (a) of § 18.2-67.3, or §§ 18.2-370, 18.2-370.1, clause (ii) of § 18.2-371, §§ 18.2-374.1, 18.2-374.1:1 or § 18.2-379. As of July 1, 2006, "offense prohibiting proximity to children" shall include a violation of § 18.2-472.1, when the offense requiring registration was one of the foregoing offenses. "Offense for which registration is required" includes any similar offense under the laws of any foreign country or any political subdivision thereof, the United States of any political subdivision thereof.

B. Every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2000, shall as part of his sentence be forever prohibited from entering or loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school.

In addition, everyEvery adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2006, shall as part of his sentence be forever prohibited from entering or loitering within 100 feet of the premises of any place he knows or has reason to know is a child day program as defined in § 63.2-100.

Every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2008, shall as part of his sentence be forever prohibited from entering or loitering within 100 feet of the premises of any place he knows or has reason to know is a public recreation area, community center, or park; except that this provision shall not apply to a parent who nears or enters a public recreation area, community center, or park for the sole purpose of dropping off or picking up his child.

A violation of this section is punishable as a Class 6 felony.

C. For the purposes of this section:

"Community center" means a building and related facilities used for educational, cultural, social and recreational activities.

"Public park" means any playground or park owned or operated by a governmental entity.

"Recreation center" means a building and related facilities used for athletic and recreational activities.

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.