13100931D
SENATE BILL NO. 801
Offered January 9, 2013
Prefiled December 19, 2012
A BILL to amend and reenact §18.2-67.5:1 of the Code of
Virginia, relating to punishment for third misdemeanor sex offense; penalty.
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Patron-- Garrett
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:
1. That §18.2-67.5:1 of the Code of Virginia is
amended and reenacted as follows:
§18.2-67.5:1. Punishment upon conviction of third misdemeanor
offense.
When a person is Any person convicted
of sexual battery in violation of §18.2-67.4, attempted sexual battery in
violation of subsection C of §18.2-67.5, a violation of §18.2-371 involving
consensual intercourse with a child, indecent exposure of himself or procuring
another to expose himself in violation of §18.2-387, or a violation of §
18.2-130, and when
it is alleged in the warrant, information,
or indictment on which the person is convicted and found by the court or jury
trying the case that the person has previously been convicted within the ten-year 10-year
period immediately preceding the offense charged of (i)
two or more of the offenses specified in this section, (ii) two or
more substantially similar offenses under the laws of another state or
territory of the United States, the District of Columbia, or the United
States, or (iii) any combination of two such offenses, each
such offense occurring on a different date, he shall
be is
guilty of a Class 6 felony.
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 3 of the Acts of Assembly of 2012, 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.
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