Bill Text: VA SB1123 | 2019 | Regular Session | Prefiled
Bill Title: Telephone/wireless commun. devices; threats of death or bodily injury to a person/member of family.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-01-21 - Passed by indefinitely in Courts of Justice (12-Y 3-N) [SB1123 Detail]
Download: Virginia-2019-SB1123-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-60 of the Code of Virginia is amended and reenacted as follows:
§18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
A. 1. Any person who knowingly communicates, in a writing,
including an electronically transmitted communication producing a visual or
electronic message, a threat to kill or do bodily injury to a person, regarding
that person or any member of his that person's family, and the
threat places such person in reasonable apprehension of death or bodily injury
to himself or his family member, is guilty of a Class 6 felony. However, any
person who violates this subsection with the intent to commit an act of
terrorism as defined in §18.2-46.4 is guilty of a Class 5 felony.
2. Any person who communicates a threat, in a writing, including an electronically transmitted communication producing a visual or electronic message, to kill or do bodily harm, (i) on the grounds or premises of any elementary, middle or secondary school property, (ii) at any elementary, middle or secondary school-sponsored event or (iii) on a school bus to any person or persons, regardless of whether the person who is the object of the threat actually receives the threat, and the threat would place the person who is the object of the threat in reasonable apprehension of death or bodily harm, is guilty of a Class 6 felony.
B. Any person who orally makes a threat to any employee of any elementary, middle or secondary school, while on a school bus, on school property or at a school-sponsored activity, to kill or to do bodily injury to such person, is guilty of a Class 1 misdemeanor.
C. Any person who communicates a threat over any telephone or wireless communications device to kill or do bodily injury to a person, regarding that person or any member of that person's family, and the threat places such person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 6 felony.
D. In addition to any other punishment, a person convicted under this section may be ordered by the court to make restitution as the court deems appropriate to any person who has suffered a loss as a result of the offense.
A prosecution pursuant to this section may be either in the county, city or town in which the communication was made or received.
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 2 of the Acts of Assembly of 2018, Special Session I, 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.
