Bill Text: VA SB1199 | 2015 | Regular Session | Prefiled

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Bill Title: Acts of violence on schools and other property; penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-01-21 - Passed by indefinitely in Courts of Justice (9-Y 5-N) [SB1199 Detail]

Download: Virginia-2015-SB1199-Prefiled.html

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15100037D
SENATE BILL NO. 1199 Offered January 14, 2015 Prefiled January 13, 2015 A BILL to amend the Code of Virginia by adding a section numbered 18.2-57.03, relating to commission of acts of violence on school and other properties; penalty. ---------- Patron-- Wagner ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-57.03 as follows:

§18.2-57.03. Commission of acts of violence on various properties; penalty.

A. It shall be unlawful for any person to commit an act of violence as defined in §19.2-297.1 while:

1. Upon the property, including buildings and grounds, of any public or private elementary, secondary, or post-secondary school, any public or private two-year or four-year institution of higher education, or any clearly marked licensed child day center as defined in §63.2-100;

2. Upon public property or any property open to public use within 1,000 feet of the property described in subdivision 1;

3. On any school bus as defined in §46.2-100;

4. Upon a designated school bus stop, or upon either public property or any property open to public use that 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;

5. Upon the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility or any public library; or

6. Upon the property of any state facility as defined in §37.2-100 or upon public property open to public use within 1,000 feet of such an institution.

B. Violation of this section shall constitute a separate and distinct felony. Any person violating the provisions of this section shall, upon conviction, be imprisoned for a term of not less than one year nor more than five years and fined not more than $100,000.

A second or subsequent conviction under this section shall be punished by a mandatory minimum term of imprisonment of one year to be served consecutively with any other sentence.

C. If a person commits an act violating the provisions of this section, and the same act also violates another provision of law that provides for penalties greater than those provided for by this section, then nothing in this section shall prohibit or bar any prosecution or proceeding under that other provision of law or the imposition of any penalties provided for thereby.

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 2 of the Acts of Assembly of 2014, Special Session I, 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.