Bill Text: VA HB209 | 2024 | Regular Session | Prefiled
Bill Title: Organized retail theft; repeals crime and Organized Retail Crime Fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-13 - Left in Courts of Justice [HB209 Detail]
Download: Virginia-2024-HB209-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-46.1 and 18.2-513 of the Code of Virginia are amended and reenacted as follows:
§18.2-46.1. Definitions.
As used in this article, unless the context requires a different meaning:
"Act of violence" means those felony offenses described in subsection C of §17.1-805 or subsection A of §19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.
"Predicate criminal act" means (i) an act of
violence; (ii) any violation of §18.2-42, 18.2-46.3, 18.2-56.1, 18.2-57,
18.2-57.2, 18.2-59, 18.2-83, 18.2-95, 18.2-103.1,
18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146,
18.2-147, 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2, 18.2-287.4, 18.2-300,
18.2-308.1, 18.2-308.2, 18.2-308.2:01, 18.2-308.4, or 18.2-357.1; (iii) a
felony violation of §18.2-60.3, 18.2-346.01, 18.2-348, or 18.2-349; (iv) a
felony violation of §4.1-1101, 18.2-248, or 18.2-248.1 or a conspiracy to
commit a felony violation of §4.1-1101, 18.2-248, or 18.2-248.1; (v) any
violation of a local ordinance adopted pursuant to §15.2-1812.2; or (vi) any
substantially similar offense under the laws of another state or territory of
the United States, the District of Columbia, or the United States.
§18.2-513. Definitions.
As used in this chapter:
"Criminal street gang" means the same as that term is defined in §18.2-46.1.
"Enterprise" includes any of the following: sole proprietorship, partnership, corporation, business trust, criminal street gang, or other group of three or more individuals associated for the purpose of criminal activity.
"Proceeds" means the same as that term is defined in §18.2-246.2.
"Racketeering activity" means to commit, attempt to
commit, or conspire to commit or to solicit, coerce, or intimidate another
person to commit two or more of the following offenses: Article 2.1 (§
18.2-46.1 et seq.) of Chapter 4, §18.2-460; a felony offense of §3.2-4212,
3.2-4219, 10.1-1455, 18.2-31, 18.2-32, 18.2-32.1, 18.2-33, or 18.2-35, Article
2.2 (§18.2-46.4 et seq.) of Chapter 4, §18.2-47, 18.2-48, 18.2-48.1, 18.2-49,
18.2-51, 18.2-51.2, 18.2-52, 18.2-53, 18.2-55, 18.2-58, 18.2-59, 18.2-77,
18.2-79, 18.2-80, 18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, 18.2-95, or 18.2-96, or
18.2-103.1, Article 4 (§18.2-111 et seq.) of Chapter 5,
Article 1 (§18.2-168 et seq.) of Chapter 6, §18.2-178 or 18.2-186, Article 6
(§18.2-191 et seq.) of Chapter 6, Article 9 (§18.2-246.1 et seq.) of Chapter
6, §18.2-246.13, Article 1 (§18.2-247 et seq.) of Chapter 7, §18.2-279,
18.2-286.1, 18.2-289, 18.2-300, 18.2-308.2, 18.2-308.2:1, 18.2-328, 18.2-346,
18.2-346.01, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
18.2-357.1, 18.2-368, 18.2-369, or 18.2-374.1, Article 8 (§18.2-433.1 et seq.)
of Chapter 9, Article 1 (§18.2-434 et seq.) of Chapter 10, Article 2 (§
18.2-438 et seq.) of Chapter 10, Article 3 (§18.2-446 et seq.) of Chapter 10,
Article 1.1 (§18.2-498.1 et seq.) of Chapter 12, §3.2-6571, 18.2-516,
32.1-314, 58.1-1008.2, 58.1-1017, or 58.1-1017.1; or any substantially similar
offenses under the laws of any other state, the District of Columbia, or the
United States or its territories.
2. That §§2.2-511.2 and 18.2-103.1 of the Code of Virginia are repealed.
