Bill Text: VA HB5045 | 2020 | 1st Special Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Inmate, parolee, probationer, detainee, or pretrial defendant, etc.; carnal knowledge.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Enrolled) 2020-10-21 - Governor: Governor's Action Deadline 11:59 p.m., October 28, 2020 [HB5045 Detail]

Download: Virginia-2020-HB5045-Prefiled.html
20200286D
HOUSE BILL NO. 5045
Offered August 18, 2020
Prefiled August 17, 2020
A BILL to amend and reenact §18.2-64.2 of the Code of Virginia, relating to carnal knowledge of an inmate, parolee, probationer, arrestee, detainee, or pretrial defendant or posttrial offender; local or state law-enforcement officer; penalty.
----------
Patron-- Delaney
----------
Committee Referral Pending
----------

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, arrestee detainee, or pretrial defendant or posttrial offender; penalty.

An accused is guilty of carnal knowledge of an inmate, parolee, probationer, arrestee, detainee, or pretrial defendant or posttrial offender if he is a law-enforcement officer as defined in §9.1-101 or 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, arrestee, detainee, or a pretrial defendant or posttrial offender; knows that the inmate, probationer, parolee, arrestee, detainee, or pretrial defendant or posttrial offender is in the custody of a private, local, or state law-enforcement agency or under the jurisdiction of the a state or local correctional facility, a 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; 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, arrestee, detainee, or a pretrial defendant or posttrial offender in the custody of a private, local, or state law-enforcement agency or 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 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 1289 of the Acts of Assembly of 2020 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.

feedback