Bill Text: VA HB1954 | 2017 | Regular Session | Prefiled
Bill Title: Farm products; crime to maliciously damage or destroy.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-07 - Left in Courts of Justice [HB1954 Detail]
Download: Virginia-2017-HB1954-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-145.1 of the Code of Virginia is amended and reenacted as follows:
§18.2-145.1. Damaging or destroying farm products; penalty; restitution.
A. Any person or entity that (i) maliciously damages or
destroys any farm product, products as defined in §
3.2-4709, including any crops grown, growing, or to be
grown, and (ii) knows the
product is products are
grown for testing or research purposes in the context of product development in
conjunction or coordination with a private research facility or, a university,
or any federal, state,
or local government agency is guilty of a Class 1 misdemeanor if the value of
the farm product was products is less than $200, or a Class 6 felony if the
value of the farm product was products is $200 or more.
B. Any person or entity that maliciously damages or destroys any farm products as defined in § 3.2-4709, including any crops grown, growing, or to be grown, is guilty of a Class 1 misdemeanor if the value of the farm products is less than $400 or a Class 6 felony if the value of the farm products is $400 or more.
C. The
court shall order the defendant to make restitution in accordance with §
19.2-305.1 for the damage or destruction caused. For the purpose of awarding
restitution under this section, the court shall determine the market value of
the farm product prior to its products prior to their damage
or destruction and, in so doing, shall include
the any
cost of: (i) production, (ii)
research, (iii) testing, (iv) replacement,
and (v) product development directly related to the
product products
damaged or destroyed.
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 cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
