SB1219: Noose; hanging thereof on property of another or in public place with intent to intimidate, felony.


SENATE BILL NO. 1219
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 28, 2009)
(Patron Prior to Substitute--Senator Obenshain)
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 18.2 a section numbered 18.2-423.2, relating to displaying a noose; penalty.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 5 of Chapter 9 of Title 18.2 a section numbered 18.2-423.2 as follows:

18.2-423.2. Displaying noose on property of another or a highway or other public place with intent to intimidate; penalty.

A. Any person who, with the intent of intimidating any person or group of persons, displays a noose on the private property of another without permission is guilty of a Class 6 felony.

B. Any person who, with the intent of intimidating any person or group of persons, displays a noose on a highway or other public place in a manner having a direct tendency to place another person in reasonable fear or apprehension of death or bodily injury is guilty of a Class 6 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 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.

SENATE BILL NO. 1219
Offered January 14, 2009
Prefiled January 13, 2009
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 18.2 a section numbered 18.2-423.2, relating to hanging a noose; penalty.
Patron-- Obenshain

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 9 of Title 18.2 a section numbered 18.2-423.2 as follows:

18.2-423.2. Hanging noose on property of another or public place with intent to intimidate; penalty.

Any person who, with the intent of intimidating any person or group of persons, hangs a noose on the property of another, a highway, or other public place is guilty of a Class 6 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 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.