HB361: Stalking; enhanced penalties.
Be it enacted by the General Assembly of Virginia:
§ 18.2-60.3. Stalking; penalty.
A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor.
third or subsequent conviction occurring Any person who is convicted of a second or
subsequent offense in violation of subsection A committed
within five years of a conviction for an offense under this section or for a
similar offense under the law of any other jurisdiction shall be is guilty of
a Class 6 felony.
C. Any person who is convicted of an offense in violation of subsection A is guilty of a Class 6 felony when (i) at the time of the commission of the offense there is in effect a protective order against him and (ii) the victim of the offense is the protected person or any of the person?s family or household members covered by the terms of the protective order.
person may be convicted under this section irrespective of the jurisdiction or
jurisdictions within the Commonwealth wherein the conduct described in
subsection A occurred
if the person engaged in that conduct on at least one occasion in the
jurisdiction where the person is tried. Evidence of any such conduct that
occurred outside the Commonwealth may be admissible, if relevant, in any
prosecution under this section provided that the prosecution is based upon
conduct occurring within the Commonwealth. DE. Upon finding a person guilty
under this section, the court shall, in addition to the sentence imposed, issue
an order prohibiting contact between the defendant and the victim or the
victim's family or household member. EF. The Department of
or regional jail director shall give notice prior to the release from a state
correctional facility or a local or regional jail of any person incarcerated
upon conviction of a violation of this section ,
to any victim of the offense who, in writing, requests notice , or to any person designated
in writing by the victim. The notice shall be given at least fifteen 15 days prior to release of a person sentenced to a term of
incarceration of more than thirty 30 days or, if the person was
sentenced to a term of incarceration of at least forty-eight 48
hours but no more than 30 days, thirty twenty-four 24
hours prior to release. If the person escapes, notice shall be given as soon as
practicable following the escape. The victim shall keep the Department of Corrections,
or regional jail director informed of the current mailing address and telephone
number of the person named in the writing submitted to receive notice.
All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section.
For purposes of this subsection, "release" includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole.
No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection.
FG. For purposes of this
"Family or household member" has the same meaning as provided in § 16.1-228.
§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.
It shall be unlawful for any person who is subject to (i) a
protective order entered pursuant to §
§ 16.1-253, 16.1-253.1,
16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or §
19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an
order entered pursuant to subsection D E of § 18.2-60.3; or (iv) an
order issued by a tribunal of another state, the United States or any of its
territories, possessions or commonwealths, or the District of Columbia pursuant
to a statute that is substantially similar to those cited in clauses (i), (ii),
or (iii) to purchase or transport any firearm while the order is in effect. Any
person with a concealed handgun permit shall be prohibited from carrying any
concealed firearm, and shall surrender his permit
to the court entering the order, for the duration
of any protective order referred to herein. A violation of this section is a
Class 1 misdemeanor.
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 $642,843 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.