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2010 SESSION
10102296DPatrons-- Miller, J.H., Abbitt, Albo, Anderson, Athey, Bell, Richard P., Bell, Robert B., Bulova, Byron, Carrico, Cleaveland, Cole, Comstock, Cosgrove, Cox, J.A., Crockett-Stark, Edmunds, Garrett, Gear, Gilbert, Greason, Griffith, Howell, W.J., Hugo, Iaquinto, Ingram, Janis, Jones, Kilgore, Knight, Landes, LeMunyon, Lingamfelter, Lohr, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, Merricks, Morefield, Morgan, Nixon, Nutter, O'Bannon, Oder, Orrock, Peace, Pogge, Poindexter, Purkey, Putney, Rust, Scott, E.T., Sherwood, Stolle, Tata, Villanueva, Ware, R.L. and Wright
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-46.3:3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties.
Any person who violates § 18.2-46.2 (i) upon the property,
including buildings and grounds, of any public or private elementary,
secondary, or postsecondary school, or any public or private two-year or
four-year institution of higher education; (ii) upon public property or any property
open to public use within 1,000 feet of such school property; or (iii) on any school bus as
defined in § 46.2-100; (iv) at any school
bus stop; or (v) upon the property, including buildings and grounds, of any publicly
owned or operated community center,
park, library, or hospital, is
guilty of a felony punishable as specified in § 18.2-46.2, and shall be
sentenced to a mandatory minimum term of imprisonment of two years. A person
who violates subsection A of § 18.2-46.3 upon any property listed in this
section is guilty of a Class 6 felony, except that any person 18 years of age
or older who violates subsection A of § 18.2-46.3 upon any property listed in
this section, when such offense is committed against a juvenile, is guilty of a
Class 5 felony. Any person who violates subsection B of § 18.2-46.3 upon any
property listed in this section is guilty of a Class 5 felony. It is a
violation of this section if the person violated § 18.2-46.2 or 18.2-46.3 on
the property described in clauses (i) through (iii) regardless of where the
person intended to commit such violation.
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 781 of the Acts of Assembly of 2009 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.