Bill Text: VA HB522 | 2018 | Regular Session | Prefiled


Bill Title: Criminal sexual assault; establishes safe reporting.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2018-02-15 - Left in Courts of Justice [HB522 Detail]

Download: Virginia-2018-HB522-Prefiled.html
18101280D
HOUSE BILL NO. 522
Offered January 10, 2018
Prefiled January 8, 2018
A BILL to amend and reenact §22.1-277 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-251.04, relating to safe reporting of criminal sexual assault.
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Patron-- Sullivan
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:

1. That §22.1-277 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-251.04 as follows:

§18.2-251.04. Safe reporting of criminal sexual assault.

A. It shall be an affirmative defense to prosecution of an individual for the unlawful purchase, possession, or consumption of alcohol pursuant to §4.1-305, possession of a controlled substance pursuant to §18.2-250, possession of marijuana pursuant to §18.2-250.1, intoxication in public pursuant to § 18.2-388, or possession of controlled paraphernalia pursuant to §54.1-3466 if:

1. Such individual, in good faith, reports to a law-enforcement officer as defined in §9.1-101 that such individual was the victim of or witness to a criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4;

2. Such individual identifies himself to the law-enforcement officer who responds to the report of the criminal sexual assault;

3. Concurrent to the commission of the criminal sexual assault, the individual was in violation of an offense listed in this subsection; and

4. The evidence for the prosecution of an offense listed in this subsection was obtained as a result of the individual reporting the criminal sexual assault to a law-enforcement officer.

B. No individual may assert the affirmative defense provided for in this section if the individual reported the criminal sexual assault during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.

C. This section does not establish an affirmative defense for any individual or offense other than those listed in subsection A.

§22.1-277. Suspensions and expulsions of pupils generally.

A. Pupils may be suspended or expelled from attendance at school for sufficient cause; however, in no cases may sufficient cause for suspensions include only instances of truancy.

B. Any student for whom the division superintendent of the school division in which such student is enrolled has received a report pursuant to §16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of §16.1-260 may be suspended or expelled from school attendance pursuant to this article.

C. The authority provided in §22.1-276.2 for teachers to remove students from their classes in certain instances of disruptive behavior shall not be interpreted to affect the operation of §22.1-277.04, 22.1-277.05, or 22.1-277.06.

D. No disciplinary action, including expulsion in accordance with §22.1-277.08, shall be taken against a student for any conduct involving alcohol, marijuana, a controlled substance, or an imitation controlled substance on a school bus, school property, or at a school-sponsored activity if, concurrent to such conduct, the student was a victim of or witness to a criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2.

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