Bill Text: VA SB66 | 2012 | Regular Session | Engrossed

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Bill Title: Abuse and neglect of a child; failure to report missing, penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-03-10 - House: Left in Appropriations [SB66 Detail]

Download: Virginia-2012-SB66-Engrossed.html

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SENATE BILL NO. 66 Senate Amendments in [ ] – February 9, 2012 A BILL to amend and reenact §18.2-371.1 of the Code of Virginia, relating to abuse and neglect of a child; penalty. ---------- Patron Prior to Engrossment--Senator Stanley ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That §18.2-371.1 of the Code of Virginia is amended and reenacted as follows:

§18.2-371.1. Abuse and neglect of children; penalty; abandoned infant.

A. Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or omission or refusal to provide any necessary care for the child's health causes or permits serious injury to the life or health of such child shall be is guilty of a Class 4 felony. [ Any parent, guardian, or other person responsible for the care of a child under the age of 12 who falsely reports to law enforcement the circumstances of an accident or other occurrence that results in serious injury to the life or health of such child is guilty of a Class 6 felony. ] For purposes of this subsection, "serious injury" shall include but not be limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, or (vii) life-threatening internal injuries.

B. 1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life shall be is guilty of a Class 6 felony. Any parent, guardian, or other person responsible for the care of a child under the age of 12 who, with intent to conceal the fact that the child is missing, fails to report or cause to be reported to the local law-enforcement agency or the State Police that the child is missing within [ 12 hours of his a reasonable period of time after ] discovery of the fact is guilty of a Class 6 felony.

2. If a prosecution under this subsection is based solely on the accused parent having left the child at a hospital or rescue squad, it shall be an affirmative defense to prosecution of a parent under this subsection that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended rescue squad that employs emergency medical technicians, within the first 14 days of the child's life. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child's safety.

C. Any parent, guardian, or other person having care, custody, or control of a minor child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination shall not, for that reason alone, be considered in violation of this section.

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.