HB2211: Stalking; Class 6 felony for conviction of second offense within five years of prior conviction.
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-60.3 and 18.2-308.1:4 of the Code of Virginia are amended and reenacted as follows:
§ 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.
B. A Any person who is convicted of a second offense
of subsection A occurring within five years of a prior conviction of such an
offense when the person was also convicted within the five-year period prior to
the instant offense of a violation of (i) § 18.2-51, 18.2-51.2, 18.2-51.6,
18.2-52, or 18.2-57 and the victim of that crime was the same person who is the
victim of the stalking activity in the instant conviction, (ii) § 18.2-57.2, or
(iii) a protective order, is guilty of a Class 6 felony.
C. Any person convicted of a third or subsequent
conviction of subsection A occurring 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. D. A 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.
D. E. 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.
E. F. The Department of Corrections, sheriff 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 days prior to release of a person
sentenced to a term of incarceration of more than thirty days or, if the person
was sentenced to a term of incarceration of at least forty-eight hours but no
more than thirty days, twenty-four 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, sheriff 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.
F. G. For purposes of this section:
"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 is unlawful for any person who is
subject to (i) a protective order entered pursuant to § 16.1-253.1, 16.1-253.4,
16.1-278.2, 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; (iv) a preliminary protective
order entered pursuant to subsection F of § 16.1-253 where a petition alleging
abuse or neglect has been filed; or (v) 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), (iii), or (iv) 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 at least $23,197 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.
HOUSE BILL NO. 2211
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-60.3 and 18.2-308.1:4 of the Code of Virginia are amended and reenacted as follows:
§ 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.
B. A Any person who is
convicted of a second offense of subsection A occurring within
five years of a prior conviction
of such
an offense when the person was also
convicted within the five-year
period prior to the instant offense of a
violation of (i) § 18.2-57 and the
victim of that crime was the same person who was the victim of
the stalking activity in the instant
conviction, (ii) § 18.2-57.2, or
(iii) a protective order, is guilty of a Class
6 felony.
C. Any
person convicted of a third or
subsequent conviction of subsection A occurring
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. D. A 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.
D. E. 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.
E. F. The
Department of Corrections, sheriff 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
days prior to release of a person sentenced to a term of incarceration of more
than thirty days or, if the person was sentenced to a term of incarceration of
at least forty-eight hours but no more than thirty days, twenty-four 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, sheriff 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.
F. G. For
purposes of this section:
"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 is unlawful for any person who
is subject to (i) a protective order entered pursuant to § 16.1-253.1,
16.1-253.4, 16.1-278.2, 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; (iv) a
preliminary protective order entered pursuant to subsection F of § 16.1-253
where a petition alleging abuse or neglect has been filed; or (v) 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),
(iii), or (iv) 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 at least $23,197 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.