SB801: Sex offense; felony punishment for subsequent misdemeanor.
SENATE BILL NO. 801
Be it enacted by the General Assembly of Virginia:
1. That 18.2-67.5:1 of the Code of Virginia is amended and reenacted as follows:
18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.
When a person is Any person convicted
of sexual battery in violation of 18.2-67.4, attempted sexual battery in
violation of subsection C of 18.2-67.5, a violation of 18.2-371 involving
consensual intercourse with a child, indecent exposure of himself or procuring
another to expose himself in violation of 18.2-387, or a violation of
18.2-130, and when
it is alleged in the warrant, information,
or indictment on which the person is convicted and found by the court or jury
trying the case that the person has previously been convicted within the ten-year 10-year
period immediately preceding the offense charged of (i)
two or more of the offenses specified in this section, (ii) two or
more substantially similar offenses under the laws of another state or
territory of the United States, the District of Columbia, or the United
States, or (iii) any combination of two such offenses, each
such offense occurring on a different date, he shall
be 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; therefore, Chapter 3 of the Acts of Assembly of 2012, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.