Bill Text: VA HB1368 | 2024 | Regular Session | Introduced
Bill Title: Sex offenses; prohibiting proximity to children in state parks, penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB1368 Detail]
Download: Virginia-2024-HB1368-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-370.2 of the Code of Virginia is amended and reenacted as follows:
§18.2-370.2. Sex offenses prohibiting proximity to children; penalty.
A. "Offense prohibiting proximity to children" means a violation or an attempt to commit a violation of (i) subsection A of § 18.2-47, clause (ii) or (iii) of §18.2-48, subsection B of §18.2-361, or subsection B of §18.2-366, where the victim of one of the foregoing offenses was a minor, or (ii) clause (iii) of subsection A of §18.2-61, §18.2-63 or 18.2-64.1, subdivision A 1 of §18.2-67.1, subdivision A 1 of §18.2-67.2, subdivision A 1 or A 4 (a) of §18.2-67.3, §18.2-370 or 18.2-370.1, clause (ii) of §18.2-371, or §18.2-374.1, 18.2-374.1:1 or 18.2-379. As of July 1, 2006, "offense prohibiting proximity to children" includes a violation of §18.2-472.1 when the offense requiring registration was one of the foregoing offenses.
B. Every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2000, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school. In addition, every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2006, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a child day program as defined in §22.1-289.02.
C. Every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2008, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any place owned or operated by a locality that he knows or should know is a playground, athletic field or facility, or gymnasium.
D. Every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2024, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any area of a state park where he knows or has reason to know that children are present.
E. Any person convicted of an offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, similar to any offense set forth in subsection A shall be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary, or high school or any place he knows or has reason to know is a child day program as defined in § 22.1-289.02. In addition, he shall be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of (i) any place owned or operated by a locality that he knows or has reason to know is a playground, athletic field or facility, or gymnasium or (ii) any area of a state park where he knows or has reason to know that children are present.
E. A violation of this section is punishable as 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 1 of the Acts of Assembly of 2023, 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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
