SB1461: Bribery in correctional facilities; penalty.


SENATE BILL NO. 1461
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 12, 2021)
(Patron Prior to Substitute--Senator Lewis)
A BILL to amend the Code of Virginia by adding a section numbered 18.2-474.2, relating to bribery in correctional facilities; penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-474.2 as follows:

§ 18.2-474.2. Bribery in correctional facilities; penalty.

A. Any person who receives any pecuniary benefit or other consideration to act in violation of § 18.2-474 or 18.2-474.1 is guilty of bribery, punishable as a Class 4 felony.

B. Any law-enforcement officer as defined in § 9.1-101, jail officer as defined in § 53.1-1, or correctional officer as defined in § 53.1-1 who violates this section shall be decertified in accordance with § 15.2-1707, if applicable, and shall be forever ineligible for reemployment as a law-enforcement officer, jail officer, or correctional officer in the Commonwealth.

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 1289 of the Acts of Assembly of 2020 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.

SENATE BILL NO. 1461

Offered January 21, 2021
A BILL to amend the Code of Virginia by adding a section numbered 18.2-474.2, relating to bribery in correctional facilities; penalty.
Patron-- Lewis

Referred to Committee on the Judiciary

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-474.2 as follows:

§ 18.2-474.2. Bribery in correctional facilities; penalty.

A. Any person who (i) offers, confers, or agrees to confer upon another any pecuniary benefit as consideration for the recipient to act in violation of § 18.2-474 or 18.2-474.1 or (ii) receives any pecuniary benefit or other consideration to act in violation of § 18.2-474 or 18.2-474.1 shall be guilty of bribery, punishable as a Class 4 felony.

B. Any law-enforcement officer as defined in § 9.1-101, jail officer as defined in § 53.1-1, or correctional officer as defined in § 53.1-1 who violates this section shall be decertified in accordance with § 15.2-1707, if applicable, and shall be forever ineligible for reemployment as a law-enforcement officer, jail officer, or correctional officer in the Commonwealth.

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 1289 of the Acts of Assembly of 2020 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.