HB1213: Minors; certain education records as evidence.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 16.1-274.2 as follows:
§ 16.1-274.2. Certain education records as evidence.
A. In any proceeding where (i) a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult and whether such act was committed intentionally or willfully by the juvenile is an element of the delinquent act and (ii) such act was committed (a) during school hours, and during school-related or school-sponsored activities upon the property of a public or private elementary or secondary school or child day center; (b) on any school bus as defined in § 46.2-100; or (c) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity, the juvenile shall be permitted to introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the alleged delinquent act that relates to (a) an Individualized Education Program developed pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; (b) a Section 504 Plan prepared pursuant to § 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794; (c) a behavioral intervention plan as defined in 8VAC20-81-10; or (d) a functional behavioral assessment as defined in 8VAC20-81-10.
Any such document shall be admitted as evidence of the facts stated therein.
B. At least 10 days prior to the commencement of the proceeding in which a document listed in subsection A will be offered as evidence, the juvenile intending to offer the document shall notify the attorney for the Commonwealth, in writing, of the intent to offer the document and shall provide or make available copies of the document to be introduced.
C. Copies of documents listed in subsection A shall be received as evidence, provided that such copies are authenticated to be true and accurate copies by the custodian thereof, or by the person to whom the custodian reports if they are different. An affidavit signed by the custodian of such documents, or by the person to whom the custodian reports if they are different, stating that such documents are true and accurate copies of such documents shall be valid authentication for the purposes of this section.
D. Upon motion of the juvenile, any document admitted pursuant to this section shall be placed under seal by the court.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 16.1-274.2 as follows:
§ 16.1-274.2. Certain education records as evidence.
A. In any proceeding where (i) a juvenile is alleged to have committed a delinquent act that would be a misdemeanor if committed by an adult and whether such act was committed intentionally or willfully by the juvenile is an element of the delinquent act and (ii) such act was committed (a) during school hours, and during school-related or school-sponsored activities upon the property of a public or private elementary or secondary school or child day center; (b) on any school bus as defined in § 46.2-100; or (c) upon any property, public or private, during hours when such property is solely being used by a public or private elementary or secondary school for a school-related or school-sponsored activity, the juvenile shall be permitted to introduce into evidence as relevant to whether he acted intentionally or willfully any document created prior to the commission of the alleged delinquent act that relates to (a) an Individualized Education Program developed pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; (b) a Section 504 Plan prepared pursuant to § 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. § 794; (c) a behavioral intervention plan as defined in 8VAC20-81-10; or (d) a functional behavioral assessment as defined in 8VAC20-81-10.
Any such document shall be admitted as evidence of the facts stated therein.
B. At least 14 days prior to the commencement of the proceeding in which a document listed in subsection A will be offered as evidence, the juvenile intending to offer the document shall notify the attorney for the Commonwealth, in writing, of the intent to offer the document and shall provide or make available copies of the document to be introduced.
C. Copies of documents listed in subsection A shall be received as evidence, provided that such copies are authenticated to be true and accurate copies by the custodian thereof, or by the person to whom the custodian reports if they are different. An affidavit signed by the custodian of such documents, or by the person to whom the custodian reports if they are different, stating that such documents are true and accurate copies of such documents shall be valid authentication for the purposes of this section.
D. Upon motion of the juvenile, any document admitted pursuant to this section shall be placed under seal by the court.
HOUSE BILL NO. 1213
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-415 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-415. Disorderly conduct in public places.
A. A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
A. 1. In any street, highway,
public building, or while in or on a public conveyance, or public place engages
in conduct having a direct tendency to cause acts of violence by the person or
persons at whom, individually, such conduct is directed; or
B. 2. Willfully or being
intoxicated, whether willfully or not, and whether such intoxication results
from self-administered alcohol or other drug of whatever nature, disrupts any
funeral, memorial service, or meeting of the governing body of any political
subdivision of this Commonwealth or a division or agency thereof, or of any
school, literary society or place of religious worship, if the disruption (i)
prevents or interferes with the orderly conduct of the funeral, memorial service,
or meeting or (ii) has a direct tendency to cause acts of violence by the
person or persons at whom, individually, the disruption is directed; or
C. 3. Willfully
or while intoxicated, whether willfully or not, and whether such intoxication
results from self-administered alcohol or other drug of whatever nature,
disrupts the operation of any school or any activity conducted or sponsored by
any school, if the disruption (i) prevents or interferes with the orderly
conduct of the operation or activity or (ii) has a direct tendency to cause
acts of violence by the person or persons at whom, individually, the disruption
is directed.
However, the B. The
conduct prohibited under subdivision A, B or C of this section 1, 2, or 3 shall not be deemed
to include the utterance or display of any words or to include conduct
otherwise made punishable under this title.
C. In any prosecution of a minor for a violation of subdivision A 3, the defendant may present the following as evidence relevant to whether he acted willfully:
1. A report from the treating or examining health care provider as defined in § 8.01-581.1 or a health care provider licensed outside of the Commonwealth for his treatment of the defendant outside of the Commonwealth; or
2. Any document that is part of (i) an Individualized Education Program prepared pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.; (ii) a Section 504 Plan prepared pursuant to § 504 of the Rehabilitation Act, 29 U.S.C. § 794; (iii) a behavior intervention plan as defined in 8VAC-20-81-10; or (iv) a functional behavior assessment as defined in 8VAC-20-81-10.
Such report or document shall be admitted as evidence of the facts stated therein, provided that the defendant, at least 10 days prior to trial, notifies in writing the attorney for the Commonwealth of his intention to introduce such report or document and gives a copy of such report or document to the attorney for the Commonwealth. Upon motion of the defendant, any report or document admitted pursuant to this subsection shall be placed under seal by the court.
D. The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
E. The
governing bodies of counties, cities and towns are authorized to adopt
ordinances prohibiting and punishing the acts and conduct prohibited by this
section, provided that the punishment fixed therefor shall not exceed that
prescribed for a Class 1 misdemeanor. A person violating any provision of this
section shall be is
guilty of a Class 1 misdemeanor.