Bill Text: VA HB1845 | 2019 | Regular Session | Prefiled


Bill Title: Owner or employee of bail bond company, etc.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-02-05 - Left in Courts of Justice [HB1845 Detail]

Download: Virginia-2019-HB1845-Prefiled.html
19102859D
HOUSE BILL NO. 1845
Offered January 9, 2019
Prefiled January 2, 2019
A BILL to amend and reenact §18.2-64.2 of the Code of Virginia, relating to carnal knowledge of pretrial or posttrial offender by owner or employee of bail bond company or volunteer or employee of residential substance abuse program; penalties.
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Patron-- Brewer
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:

1. That §18.2-64.2 of the Code of Virginia is amended and reenacted as follows:

§18.2-64.2. Carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial or posttrial offender; penalty.

An accused is guilty of carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial defendant or posttrial offender if he is an employee or contractual employee of, or a volunteer with, a state or local correctional facility or regional jail, the Department of Corrections, the Department of Juvenile Justice, a secure facility or detention home, as defined in §16.1-228, a state or local court services unit, as defined in § 16.1-235, a local community-based probation services agency or a pretrial services agency; is in a position of authority over the inmate, probationer, parolee, detainee, or a pretrial defendant or posttrial offender; knows that the inmate, probationer, parolee, detainee, or pretrial defendant or posttrial offender is under the jurisdiction of the state or local correctional facility, a regional jail, the Department of Corrections, the Department of Juvenile Justice, a secure facility or detention home, as defined in §16.1-228, a state or local court services unit, as defined in §16.1-235, a local community-based probation services agency, or a pretrial services agency; and carnally knows, without the use of force, threat or intimidation (i) an inmate who has been committed to jail or convicted and sentenced to confinement in a state or local correctional facility or regional jail or (ii) a probationer, parolee, detainee, or a pretrial defendant or posttrial offender under the jurisdiction of the Department of Corrections, the Department of Juvenile Justice, a secure facility or detention home, as defined in §16.1-228, a state or local court services unit, as defined in §16.1-235, a local community-based probation services agency, a pretrial services agency, a local or regional jail for the purposes of imprisonment, a work program or any other parole/probationary or pretrial services program or agency. Such offense is a Class 6 felony.

An accused is guilty of carnal knowledge of a pretrial defendant or posttrial offender if he (a) is an owner or employee of the bail bond company that posted the pretrial defendant's or posttrial offender's bond, (b) has the authority to revoke the pretrial defendant's or posttrial offender's bond, and (c) carnally knows, without use of force, threat, or intimidation, a pretrial defendant or posttrial offender. Such offense is a Class 1 misdemeanor 6 felony.

An accused is guilty of carnal knowledge of a pretrial or posttrial offender if (1) he is an employee or volunteer providing services at a residential substance abuse program licensed by the Department of Behavioral Health and Developmental Services; (2) the offender is participating in such residential substance abuse program as a condition of bail or posttrial supervision; and (3) the accused carnally knows, without use of force, threat, or intimidation, the pretrial defendant or posttrial offender. Such offense is a Class 6 felony.

For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse and animate or inanimate object sexual penetration.

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.

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