Bill Text: VA HB2356 | 2011 | Regular Session | Introduced
Bill Title: Stalking; enhanced penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-08 - House: Left in Courts of Justice [HB2356 Detail]
Download: Virginia-2011-HB2356-Introduced.html
11102755D Be it enacted by the General Assembly of Virginia: 1. That §§ 18.2-60.3 and 18.2-308.1:4 of the Code of Virginia are amended and reenacted as follows: § 18.2-60.3. Stalking; penalty. A. Any person, except a law-enforcement officer, as defined in § 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in § 9.1-138, who is regulated in accordance with § 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor. B. C. Any person who is convicted of an offense in violation of subsection A when, at the time of committing the offense, there is in effect any protective order prohibiting contact between the defendant and the victim or the victim's family or household member is guilty of a Class 6 felony. D. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried. Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section provided that the prosecution is based upon conduct occurring within the Commonwealth.
All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section. For purposes of this subsection, "release" includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole. No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection.
"Family or household member" has the same meaning as provided in § 16.1-228. § 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty. It shall be unlawful for any person who is subject to (i) a
protective order entered pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4,
16.1-279.1, 19.2-152.8, 19.2-152.9, or § 19.2-152.10; (ii) an order issued
pursuant to subsection B of § 20-103; (iii) an order entered pursuant to
subsection 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 is $400,858 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice. |