Bill Text: VA HB1816 | 2013 | Regular Session | Chaptered

---

Bill Title: Methamphetamine manufactory; penalty for allowing minor under age 15, etc., to be present.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2013-04-03 - Governor: Acts of Assembly Chapter text (CHAP0743) [HB1816 Detail]

Download: Virginia-2013-HB1816-Chaptered.html

---

CHAPTER 743 An Act to amend and reenact §18.2-248.02 of the Code of Virginia, relating to manufacture of methamphetamine in presence of a minor or incapacitated person; penalty. [H 1816] Approved April 3, 2013

 

Be it enacted by the General Assembly of Virginia:

1. That §18.2-248.02 of the Code of Virginia is amended and reenacted as follows:

§18.2-248.02. Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine prohibited; penalties.

Any person 18 years of age or older who knowingly allows (i) a minor under the age of 15, (ii) a minor 15 years of age or older with whom he maintains a custodial relationship over a child under the age of 18, including but not limited to as a parent, step-parent, grandparent, step-grandparent, or who stands in loco parentis with respect to such child minor, and who knowingly allows that child or (iii) a mentally incapacitated or physically helpless person of any age, to be present in the same dwelling, apartment as defined by §55-79.2, unit of a hotel as defined in §35.1-1, garage, shed, or vehicle during the manufacture or attempted manufacture of methamphetamine as prohibited by subsection C1 of § 18.2-248 is guilty of a felony punishable by imprisonment for not less than 10 nor more than 40 years. This penalty shall be in addition to and served consecutively with any other sentence.

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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.

3. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriation act passed by the 2013 Session of the General Assembly, which becomes law.

4. That the General Assembly determines that the requirements of the third enactment of this act have been met.