Bill Text: VA HB287 | 2012 | Regular Session | Comm Sub

Virginia House Bill 287 (Prior Session Legislation)

Bill Title: Gang-free zones; expansion of zone areas.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2012-02-20 - House: Left in Appropriations [HB287 Detail]

Download: Virginia-2012-HB287-Comm_Sub.html

12105025D
HOUSE BILL NO. 287 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 3, 2012) (Patron Prior to Substitute--Delegate Iaquinto) A BILL to amend and reenact §18.2-46.3:3 of the Code of Virginia, relating to enhanced punishment for gang activity taking place in a gang-free zone; penalties.

Be it enacted by the General Assembly of Virginia:

1. That §18.2-46.3:3 of the Code of Virginia is amended and reenacted as follows:

§18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties.

Any person who violates §18.2-46.2 (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or postsecondary school, or any public or private two-year or four-year institution of higher education; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) on any school bus as defined in §46.2-100; (iv) upon a designated school bus stop, or upon either public property or any property open to public use which is within 1,000 feet of such school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity; or ~~(iv)~~ (v) upon the property, including buildings and grounds, of any publicly owned or operated community center or any publicly owned or operated recreation center is guilty of a felony punishable as specified in §18.2-46.2, and shall be sentenced to a mandatory minimum term of imprisonment of two years. A person who violates subsection A of §18.2-46.3 upon any property listed in this section is guilty of a Class 6 felony, except that any person 18 years of age or older who violates subsection A of §18.2-46.3 upon any property listed in this section, when such offense is committed against a juvenile, is guilty of a Class 5 felony. Any person who violates subsection B of §18.2-46.3 upon any property listed in this section is guilty of a Class 5 felony. It is a violation of this section if the person violated §18.2-46.2 or 18.2-46.3 on the property described in clauses (i) through (iii) regardless of where the person intended to commit such violation.

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 890 of the Acts of Assembly of 2011 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.