Crimes, several; penalties. (SB1422)

Introduced By

Sen. Ken Stolle (R-Virginia Beach)

Description

Criminal penalties; larceny. Creates a new class of misdemeanor, called an aggravated misdemeanor, allowing for up to two years of incarceration and/or a fine of up to $2,500, for crimes including, but not limited to, larceny offenses between $200 and $500, second offense petit larceny, second offense of a violation of a protective order within five years, recruiting another into a street gang, assault and battery hate crimes, assault and battery of school personnel, second offense domestic assault, second offense stalking, second offense DUI crimes, third offense of driving on a suspended sentence, and driving after having been declared an habitual defendant. The bill also creates the crime of conspiracy to commit petit larceny and allowing for the amount of all goods stolen pursuant to such a conspiracy to be aggregated for any six-month period. Multijurisdictional grand juries are empowered to investigate and issue indictments for grand larceny and conspiracy to commit larceny. The bill adds larceny to the offenses that comprise a predicate criminal act as for the purposes of criminal gang activity and raises the threshold amount for grand larceny from $200 to $500. Amends § 16.1-253.2 (“Violation of provisions of protective orders; penalty.”), § 18.2-103 (“Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts.”), § 18.2-104 (“Punishment for conviction of misdemeanor larceny.”), § 18.2-105.1 (“Detention of suspected shoplifter.”), § 18.2-108.01 (“Larceny with intent to sell or distribute; sale of stolen property; penalty.”), § 18.2-11 (“Punishment for conviction of misdemeanor.”), § 18.2-111 (“Embezzlement deemed larceny; indictment.”), § 18.2-152.3 (“Computer fraud; penalty.”), § 18.2-152.8 (“Property capable of embezzlement.”), § 18.2-181 (“Issuing bad checks, etc., larceny.”), § 18.2-181.1 (“Issuance of bad checks.”), § 18.2-182 (“Issuing bad checks on behalf of business firm or corporation in payment of wages; penalty.”), § 18.2-186 (“False statements to obtain property or credit.”), § 18.2-186.3 (“Identity theft; penalty; restitution; victim assistance.”), § 18.2-187.1 (“Obtaining or attempting to obtain oil, electric, gas, water, telephone, telegraph, cable television or electronic communication service without payment; penalty; civil liability.”), § 18.2-188 (“Defrauding hotels, motels, campgrounds, boardinghouses, etc.”), § 18.2-195 (“Credit card fraud; conspiracy; penalties.”), § 18.2-195.2 (“Fraudulent application for credit card; penalties.”), § 18.2-197 (“Criminally receiving goods and services fraudulently obtained.”), § 18.2-23 (“Conspiring to trespass or commit larceny.”), § 18.2-270 (“Penalty for driving while intoxicated; subsequent offense; prior conviction.”), § 18.2-340.37 (“Criminal penalties.”), § 18.2-46.1 (“Definitions.”), § 18.2-46.3 (“Recruitment of persons for criminal street gang; penalty.”), § 18.2-57 (“Assault and battery.”), § 18.2-57.2 (“Assault and battery against a family or household member; penalty.”), § 18.2-60.3 (“Stalking; penalty.”), § 18.2-95 (“Grand larceny defined; how punished.”), § 18.2-96.1 (“Identification of certain personalty.”), § 18.2-97 (“Larceny of certain animals and poultry.”), § 19.2-215.1 (“Functions of a multijurisdiction grand jury.”), § 19.2-270.1 (“Use of photographs as evidence in certain larceny and burglary prosecutions.”), § 19.2-289 (“Conviction of petit larceny.”), § 19.2-290 (“Conviction of petit larceny though thing stolen worth more than $200.”), § 19.2-299.2 (“Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions.”), § 19.2-8 (“Limitation of prosecutions.”), § 19.2-81 (“Arrest without warrant authorized in certain cases.”), § 32.1-321.4 (“False statement or representation in applications for eligibility or for use in determining rights to benefits; concealment of facts; criminal penalty.”), § 46.2-301 (“Driving while license, permit, or privilege to drive suspended or revoked.”), § 46.2-341.28 (“Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction.”), § 46.2-357 (“Operation of motor vehicle or self-propelled machinery or equipment by habitual offender prohibited; penalty; enforcement of section.”), § 63.2-525 (“Payment by Department for legal services.”), § 8.01-226.9 (“Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting.”), § 8.01-44.4 (“Action for shoplifting and employee theft.”), of the Code of Virginia. View Full Text »

Outcome

2 votes