Bill Text: VA HB1688 | 2019 | Regular Session | Prefiled
Bill Title: Elementary school, etc.; students not guilty of disorderly conduct, school property or school bus.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2019-02-05 - Left in Courts of Justice [HB1688 Detail]
Download: Virginia-2019-HB1688-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-415 of the Code of Virginia is amended and reenacted as follows:
§18.2-415. Disorderly conduct in public places.
A. A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, he:
A. 1. In any
street, highway, or public building, or while
in or on a public conveyance, or while in a
public place engages in conduct having a direct tendency to cause acts of
violence by the person or persons at whom, individually, such conduct is
directed; or
B. 2. Willfully
or being intoxicated, whether willfully or not, and whether such intoxication
results from self-administered alcohol or other drug of whatever nature,
disrupts any funeral, memorial service, or meeting of the governing body of any
political subdivision of this Commonwealth or a division or agency thereof, or
of any school, literary society or place of religious worship, if the
disruption (i) prevents or interferes with the orderly conduct of the funeral,
memorial service, or meeting or (ii) has a direct tendency to cause acts of
violence by the person or persons at whom, individually, the disruption is
directed; or
C. 3. Willfully
or while intoxicated, whether willfully or not, and whether such intoxication
results from self-administered alcohol or other drug of whatever nature,
disrupts the operation of any school or any activity conducted or sponsored by
any school, if the disruption (i) prevents or interferes with the orderly
conduct of the operation or activity or (ii) has a direct tendency to cause
acts of violence by the person or persons at whom, individually, the disruption
is directed.
However, the B. The conduct
prohibited under subdivision A, B or
C of this section 1, 2, or 3
shall not be deemed to include the utterance or display of any words or to
include conduct otherwise made punishable under this title.
C. The person in charge of any such building, place, conveyance, meeting, operation, or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.
D. The provisions of this section shall not apply to any student at any elementary or secondary school if the disorderly conduct occurred on school property or a school bus.
E. The
governing bodies of counties, cities, and
towns are authorized to adopt ordinances prohibiting and punishing the acts and
conduct prohibited by this section, provided that the punishment fixed therefor
shall not exceed that prescribed for a Class 1 misdemeanor. A person violating
any provision of this section shall be is guilty of a Class 1
misdemeanor.