HB602: Petit larceny; prior convictions, penalty.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-104 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-104. Punishment for conviction of misdemeanor larceny.
When a person is convicted of an offense of larceny or any
offense deemed to be or punished as larceny under any provision of the Code,
and it is alleged in the warrant, indictment, or information on which he
is convicted, and admitted, or found by the jury or judge before whom he is
tried, that he has been before convicted in the Commonwealth of Virginia or in
another jurisdiction for any offense of larceny or any offense deemed or
punishable as larceny or any offense under Article 5 (§ 18.2-58 et seq.) of
Chapter 4, or of any substantially similar offense in any other
jurisdiction, regardless of whether the prior convictions were misdemeanors,
felonies, or a combination thereof, he shall be confined in jail not
less than thirty 30 days nor more than twelve 12
months; and for a third, or any subsequent offense, 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 is $76,852 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
HOUSE BILL NO. 602
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-104 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-104. Punishment for conviction of petit larceny.
When a person is
convicted of Upon
conviction of a person for an
offense of petit larceny or any offense
deemed to be or punished as petit
larceny under any provision of the Code, and
where it is alleged in the warrant, indictment, or information on which he is
convicted, and admitted, or found
by the jury or judge before whom he is tried, that he
has been before
previously convicted in the Commonwealth of Virginia
or in another jurisdiction for any offense
of (i) petit or grand larceny or
any offense deemed or punishable as petit or grand
larceny, (ii) any offense under Article 5 (§ 18.2-58 et
seq.) of Chapter 4,
or of (iii)
any substantially similar offense in any other jurisdiction, regardless of whether the prior convictions were
misdemeanors, felonies or a combination thereof, he such person shall be confined
in jail not less than thirty 30 days nor more than twelve 12
months; and for a third, or any subsequent offense, he
shall be. Upon conviction of a
person for an offense of petit larceny or any offense deemed to be or punished
as petit larceny, where it is alleged
in the warrant, indictment, or information on which he is convicted that he
has been previously convicted of two
or more of the offenses set forth in
clause (i), (ii), or (iii), such
person 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 is $76,852 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.