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2010 SESSION
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; or (iv) upon the property,
including buildings and grounds, of any publicly owned or operated community
center or any publicly owned or operated recreation center 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.