Bill Text: VA HB1465 | 2024 | Regular Session | Introduced
Bill Title: Interference with commercial fishing vessel; penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB1465 Detail]
Download: Virginia-2024-HB1465-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 18.2-146.2 as follows:
§18.2-146.2. Interference with commercial fishing vessel; penalties.
A. Any person who comes within 50 feet of a commercial fishing vessel without the consent of the owner or person in charge of such vessel and with the intent to coerce, intimidate, or harass the captain or crew of such vessel or interfere with the operations of such commercial fishing vessel is guilty of a Class 1 misdemeanor.
B. Any person who makes and communicates to another person by any means, including an electronically transmitted communication producing a visual or electronic message, orally, or otherwise, any threat to (i) kill or do bodily injury to a person or persons engaged in the activity of commercial fishing on the waters of the Commonwealth or (ii) bomb, burn, destroy, or in any manner damage any commercial fishing vessel is guilty of a Class 6 felony, but if such threat places the captain or crew in reasonable apprehension of death or bodily injury, he is guilty of a Class 5 felony.
C. Any person who intentionally or recklessly damages, injures, tampers with, defaces, or destroys a commercial fishing vessel or any associated gear is guilty of a Class 6 felony. The court shall order the defendant to make restitution in accordance with § 19.2-305.1 for the damage or destruction caused. For the purpose of awarding restitution under this section, the court shall determine the value of the property damaged as well as the market value of any fish lost as a result of such damage or destruction.
D. Any two or more persons who combine, associate, agree, mutually undertake, or concert together for the purpose of engaging in activities prohibited by this section shall be jointly and severally guilty of penalties set out in each applicable subsection.
E. Any person found guilty of a first offense under this section shall be ineligible for any license issued under Chapter 3 (§28.2-300 et seq.) of Title 28.2 or Chapter 3 (§29.1-300 et seq.) of Title 29.1 for a period of one year. Any person convicted of a second or subsequent offense under this section shall be permanently barred from receiving such licenses.
F. An officer may, with or without a warrant, (i) arrest any person for a violation of any provision of this section and (ii) seize any motorboat, personal watercraft, or vessel, as those terms are defined in Article 1 (§29.1-700 et seq.) of Chapter 7 of Title 29.1, used or employed in a violation of this section. Such seized property shall be subject to the provisions of Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2.
G. A prosecution pursuant to this section may be in either the county, city, or town in which the vessel is home ported. A prosecution under this section is a bar to a prosecution under § 29.1-554.1.
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 1 of the Acts of Assembly of 2023, 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.
