HB2763: Persons on conditional release; tracking device, penalty.

HOUSE BILL NO. 2763

Offered January 17, 2019
A BILL to amend and reenact § 37.2-918 of the Code of Virginia, relating to persons on conditional release; tracking device; penalty.
Patron-- Turpin

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 37.2-918 of the Code of Virginia is amended and reenacted as follows:

§ 37.2-918. Persons on conditional release leaving Commonwealth or altering, removing, or destroying tracking device; penalty.

Any person placed on conditional release pursuant to this chapter who (i) leaves the Commonwealth without permission from the court that conditionally released the person or; (ii) fails to return to the Commonwealth in violation of a court order shall be; or (iii) alters, removes, or destroys any GPS (Global Positioning System) tracking device, or other similar device placed on such person as a condition of conditional release, 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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2018, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.