Bill Text: VA HB2256 | 2017 | Regular Session | Prefiled
Bill Title: Street gang; third or subsequent conviction of crimes, penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-07 - Left in Courts of Justice [HB2256 Detail]
Download: Virginia-2017-HB2256-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-46.3:1 of the Code of Virginia is amended and reenacted as follows:
§18.2-46.3:1. Third or subsequent conviction of criminal street gang crimes.
Upon a felony conviction of §18.2-46.2 or §
18.2-46.3, where it is alleged in the warrant, information or indictment on
which a person is convicted that (i) such person has been previously convicted
twice under any combination of §18.2-46.2 or §
18.2-46.3, within 10 years of the third or subsequent offense, and (ii) each
such offense occurred on different dates, such person is guilty of a Class 3
felony. For purposes of this section, prior convictions
include findings of not innocent or adjudications
of delinquency in the case of a juvenile.
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.
