Bill Text: VA HB1485 | 2017 | Regular Session | Chaptered
Bill Title: Sexual offenses; prohibits person from proximity to children and working on school property.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2017-03-16 - Governor: Acts of Assembly Chapter text (CHAP0507) [HB1485 Detail]
Download: Virginia-2017-HB1485-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-370.2, 18.2-370.3, and 18.2-370.4 of the Code of Virginia are 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) subsection A (iii) of §18.2-61, §§18.2-63, 18.2-64.1,
subdivision A 1 of §18.2-67.1, subdivision A 1 of §18.2-67.2, or subdivision
A 1 or A 4 (a) of §18.2-67.3, or §§18.2-370, 18.2-370.1, clause (ii) of §
18.2-371, §§18.2-374.1, 18.2-374.1:1 or §18.2-379. As of July 1, 2006,
"offense prohibiting proximity to children" shall include
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 §63.2-100.
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 that 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. 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 §63.2-100. 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 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.
A violation of this section is punishable as a Class 6 felony.
§18.2-370.3. Sex offenses prohibiting residing in proximity to children; penalty.
A. Every adult who is convicted of an offense occurring on or
after July 1, 2006, where the offender is more than three years older than the
victim, of one of the following qualifying offenses: (i) clause (iii) of
subsection A of §18.2-61, (ii) subdivision A 1 of §18.2-67.1, or (iii)
subdivision A 1 of §18.2-67.2, or (iv) any similar offense under the laws
of any foreign country or any political subdivision thereof, or the United
States or any political subdivision thereof, shall be forever prohibited
from residing within 500 feet of the premises of any place he knows or has
reason to know is a child day center as defined in §63.2-100, or a primary,
secondary, or high school. A violation of this section is a Class 6 felony. The
provisions of this section shall only apply if the qualifying offense was done
in the commission of, or as a part of the same course of conduct as, or as part
of a common scheme or plan as a violation of (i) (a) subsection A
of §18.2-47 or §18.2-48, (ii) (b) §18.2-89, 18.2-90, or
18.2-91, or (iii) (c) §18.2-51.2, or (d) any similar offense
under the laws of any foreign country or any political subdivision thereof, or
the United States or any political subdivision thereof.
B. An adult who is convicted of an offense as specified in
subsection A of this section and has established a lawful residence
shall not be in violation of this section if a child day center or a primary,
secondary, or high school is established within 500 feet of his residence
subsequent to his conviction.
C. Every adult who is convicted of an offense occurring on or
after July 1, 2008, where the offender is more than three years older than the
victim, of one of the following qualifying offenses: (i) clause (iii) of
subsection A of §18.2-61, (ii) subdivision A 1 of §18.2-67.1, or (iii)
subdivision A 1 of §18.2-67.2, or (iv) any similar offense under the laws
of any foreign country or any political subdivision thereof, or the United
States or any political subdivision thereof, shall be forever prohibited
from residing within 500 feet of the boundary line of any place he knows is a
public park when such park (i) (a) is owned and operated by a
county, city, or town, (ii) (b) shares a boundary line
with a primary, secondary, or high school, and (iii) (c)
is regularly used for school activities. A violation of this section is a Class
6 felony. The provisions of this section shall only apply if the qualifying
offense was done in the commission of, or as a part of the same course of
conduct as, or as part of a common scheme or plan as a violation of (i)
(1) subsection A of §18.2-47 or §18.2-48, (ii); (2) §
18.2-89, 18.2-90, or 18.2-91, or (iii); (3) §18.2-51.2; or
(4) any similar offense under the laws of any foreign country or any political
subdivision thereof, or the United States or any political subdivision thereof.
D. An adult who is convicted of an offense as specified in subsection C and has established a lawful residence shall not be in violation of this section if a public park that (i) is owned and operated by a county, city, or town, (ii) shares a boundary line with a primary, secondary, or high school, and (iii) is regularly used for school activities, is established within 500 feet of his residence subsequent to his conviction.
E. The prohibitions in this section predicated upon an offense similar to any offense set forth in this section under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, shall apply only to residences established on and after July 1, 2017.
§18.2-370.4. Sex offenses prohibiting working on school property; penalty.
A. Every adult who has been convicted of an offense occurring
on or after July 1, 2006, where the offender is more than three years older
than the victim, of one of the following qualifying offenses: (i) clause (iii)
of subsection A of §18.2-61, (ii) subdivision A 1 of §18.2-67.1, or
(iii) subdivision A 1 of §18.2-67.2, or (iv) any similar offense under the
laws of any foreign country or any political subdivision thereof, or the United
States or any political subdivision thereof, shall be forever prohibited
from working or engaging in any volunteer activity on property he knows or has
reason to know is a public or private elementary or secondary school or
child day center property. A violation of this section is punishable as a Class
6 felony. The provisions of this section shall only apply if the qualifying offense
was done in the commission of, or as a part of the same course of conduct of,
or as part of a common scheme or plan as a violation of (i) (a)
subsection A of §18.2-47 or 18.2-48, (ii); (b) §18.2-89,
18.2-90, or 18.2-91, or (iii); (c) §18.2-51.2; or (d) any
similar offense under the laws of any foreign country or any political
subdivision thereof, or the United States or any political subdivision thereof.
B. An employer of a person who violates this section, or any person who procures volunteer activity by a person who violates this section, and the school or child day center where the violation of this section occurred, are immune from civil liability unless they had actual knowledge that such person had been convicted of an offense listed in subsection A.
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 cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 780 of the Acts of Assembly of 2016 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
