§ 18.2-33 amended.

Felony homicide. Changes the punishment for felony homicide from a Class 3 felony (not less than five years nor more than 20) to not less than five nor more than 40 years' confinement in a state correctional facility. SB 815; CH. 282.

§§ 18.2-36.1, 18.2-51.4, and 18.2-270. See § 46.2-356; HB 1812/SB 841.

§ 18.2-38 amended; § 18.2-42.1 added. Mob defined. Includes certain acts of violence in addition to assault and battery as crimes which if committed by a collection of persons would make the acts crimes by a mob. SB 887; CH. 623.

§ 18.2-55 amended.

Crimes; bodily injury caused by prisoner, probationer or parolee. Makes it a Class 5 felony for a probationer or parolee to inflict bodily injury on a juvenile probation officer. Currently, the penalty for such act is a Class 1 misdemeanor. HB 1745; CH. 658/SB 835; CH. 618.

§ 18.2-57 amended.

Assault and battery of a custodial employee of the Department of Corrections. Provides that any prisoner who commits an assault or assault and battery upon a custodial employee of the Department of Corrections with bodily fluids or excretions shall be guilty of a felony punishable by a term of imprisonment of no more than five years and a fine of no more than $ 5,000. HB 424; CH. 771.

§ 18.2-57 amended.

Battery of a teacher. Provides for a mandatory period of incarceration of two days when the object of a battery is a teacher, principal or guidance counselor and six months' mandatory incarceration if a gun or other weapon prohibited on school property is used. HB 2445; CH. 1036.

§§ 16.1-228, 16.1-241, 18.2-57.2 and 19.2-81.3 amended.

Definition of family or household member. Revises the definition of "family or household member" to include parents, stepparents, children, stepchildren, brothers, sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home. This is the definition under current law for criminal jurisdiction of the juvenile court but under other sections of the Code such persons must reside in the same home to be considered family or household members. This will broaden the applicability of protective orders and the family assault statute. Current law precludes conviction under the family assault statute of a parent who assaults a child who does not reside with the parent. The family assault statute imposes enhanced punishment (Class 6 felony for a third offense) and requires the issuance of an emergency protective order whenever a warrant is issued. Under certain circumstances a warrantless arrest may be made for violations of the family assault statute. HB 1801; CH. 721/SB 848; CH. 697.

§§ 16.1-253.4, 18.2-57.2 and 19.2-81.3 amended. Assault and battery. Amends provision that requires the issuance of an emergency protective order when a warrant is issued for assault and battery against a family or household member to make the issuance of a protective order discretionary when the defendant is a minor. SB 1069; CH. 807.

§ 18.2-57.3. See § 19.2-151; SB 1166.

§§ 18.2-61, 18.2-67.1, 18.2-67.2 and 18.2-67.2:1 amended.

Rape; forcible sodomy; object sexual penetration; marital sexual assault; penalty. Removes the phrase "serious physical" from the injury language relating to sexual crimes involving spouses and replaces it with "bodily injury." Additionally, this amends the marital sexual assault section so that the language mirrors the "force, threat or intimidation" language of the crime of rape. HB 1732; CH. 367.

§ 18.2-67.4 amended; § 18.2-64.2 added.

Sexual offenses. Makes carnal knowledge of an inmate, parolee, probationer, or pre- or post-trial offender a Class 6 felony if committed by an employee, contractual employee or volunteer with a state or local correctional facility or regional jail, the Department of Corrections, a local community corrections program or a pre-trial program. The bill also makes sexual abuse of inmates, etc., by staff listed above sexual battery, which is a Class 1 misdemeanor. HB 346; CH. 294.

§§ 16.1-252, 18.2-67.9, 19.2-11.01 and 63.1-248.13:1 amended.

Closed-circuit TV testimony. Provides that testimony of a child victim in a criminal or civil case may be taken by closed-circuit television if the child witness was 14 years of age or under at the time of trial and if the child victim was 14 years of age or under on the date of the alleged offense and is 16 years of age or under at the time of trial. HB 2058; CH. 668.

§ 18.2-111.2 added.

Embezzlement of court-ordered child support. Provides that if any employer withholds money from the pay of his employee for the purpose of paying administrative or court-ordered child support on behalf of the employee and then wrongfully and fraudulently fails to make the required payment, the employer shall be guilty of embezzlement. HB 2254; CH. 56.

§ 18.2-119.1 added.

Validity of signs forbidding trespass; penalty. Creates a Class 3 misdemeanor for knowingly and intentionally posting No Trespassing signs upon the land of another without the permission of a person authorized to post such signs on that land. HB 1831; CH. 274.

§ 18.2-130 amended.

Peeping or spying. Punishes as a Class 1 misdemeanor secretly or furtively peeping, spying or attempting to peep or spy through a peephole into a room or enclosure used to provide privacy to its occupants if the intent is to see someone who is nude or partially undressed. SB 922; CH. 351.

§ 18.2-137 amended.

Injury to property. Makes the crime of unlawfully injuring property or monuments, etc., a Class 3 misdemeanor and, if intentional, a Class 1 misdemeanor. Presently, the damage to the property just has to be unlawful, which criminalizes accidental destruction in excess of $1,000 as a Class 6 felony. The bill also makes provisions for dismissal upon payment of restitution. SB 915; CH. 625.

§§ 18.2-144, 18.2-403.1, and 18.2-403.2. See § 3.1-796.76; SB 851.

§§ 8.01-328.1, 18.2-152.2, 18.2-152.4, 18.2-152.12 amended.

Virginia Computer Crimes Act; electronic mail. Amends Virginia's long-arm statute to provide that using a computer or computer network located in Virginia constitutes an act in Virginia. The bill also (i) expands the definitions of "computer services" and "without authority" and provides a new definition for "electronic mail service provider" in the Virginia Computer Crimes Act; (ii) makes it the crime of computer trespass to (a) falsify or forge e-mail message transmission information in connection with unsolicited bulk e-mail and (b) knowingly sell, give, distribute, or possess software whose principal purpose is to facilitate unsolicited bulk e-mail; (iii) provides that electronic mail service providers shall not be liable for actions they take to prevent unsolicited bulk email; (iv) provides civil relief to an injured person, other than an electronic mail service provider, for actual damages or the lesser of $10 for each unsolicited bulk e-mail message or $25,000 per day and states that the injured person shall not have a cause of action against an electronic mail service provider which merely transmits the e-mail message; (v) provides civil relief to an injured electronic mail service provider for actual damages or the greater of $10 for each unsolicited bulk e-mail message or $25,000 per day; and (vi) cross-references the Virginia long-arm statute in the Virginia Computer Crimes Act to ensure the establishment of personal jurisdiction in Virginia's courts. The purpose of the bill is curb a practice known as "spamming," the sending of unsolicited electronic mail to unsuspecting recipients. The bill is a recommendation of the Joint Commission on Technology and Science. HB 1668; CH. 904/HB 1714; CH. 905/SB 881; CH. 886.

§ 18.2-152.15 added.

Encryption used in criminal activity. Provides that any person who willfully uses encryption to further any criminal activity shall be guilty of an offense which is separate and distinct from the predicate criminal activity and punishable as a Class 1 misdemeanor. Encryption is defined as the enciphering of intelligible data into unintelligible form or the deciphering of unintelligible data into intelligible form. HB 2236; CH. 455.

§§ 18.2-246.1 through 18.2-246.5 added; §§ 18.2-248.6 and 18.2-248.7 repealed.

Money Laundering Act; penalty; seizure and business license forfeiture. Creates the Virginia Comprehensive Money Laundering Act, which makes it a crime to conduct or participate in a financial transaction designed to conceal or disguise the nature, location, source, ownership and control of property, when the person knows it represents the proceeds of an activity punishable as a felony. The bill also subjects the proceeds of or any property used in substantial connection with such activity to seizure and requires those convicted under this article to forfeit any business licenses they may possess. SB 849; CH. 348.

§ 18.2-247. See § 54.1-3401; HB 1819.

§§ 18.2-247 and 18.2-248. See § 54.1-3446; HB 1896.

§ 18.2-249 amended.

Seizure of property used in connection with or derived from illegal drug transactions. Adds the underlying offense of delivery of illegal drugs to prisoners to the provision of the Code allowing for seizure of property used in connection with illegal drug transactions. HB 1548; CH. 269.

§§ 16.1-273, 18.2-251.01, 19.2-299 and 19.2-299.2 amended; § 2.1-51.18:3 added.

Substance abuse screening of certain offenders. Amends legislation enacted last year, to become effective July 1, 1999, that required drug screening and assessments and presentence investigations of certain offenders. This bill makes assessment contingent on whether the screening identifies the offender as having a substance abuse problem. Screenings and assessment may be performed by a person working under the direction of a certified substance abuse counselor, rather than the counselor only. The bill restores the provision that a presentence report is permissive for guilty plea agreements and misdemeanor convictions. A presentence report is required only when the defendant pleads guilty without a plea agreement or is found guilty by a court after a plea of not guilty. The Secretary of Public Safety is responsible for convening an Interagency Offender Drug Assessment and Screening Committee to oversee the implementation of this act. The Chief Justice of the Supreme Court may select pilot sites for the implementation of the bill's provisions. HB 2159; CH. 913/SB 1077; CH. 891.

§ 18.2-255.2 amended.

Drug-free school zones; school bus stops. Adds designated school bus stops and any public property or property open to public use within 1,000 feet of any such school bus stop, during the times school children are waiting to be picked up or are being dropped off, to the sites and scenarios in which it is unlawful to manufacture, sell or distribute or possess with intent to sell, give or distribute any controlled substance, imitation controlled substance or marijuana. Current law, in addressing public school sites, prohibits such activities (i) upon the property, including buildings and grounds, of any public or private elementary, secondary, or post secondary school; (ii) upon public property or any property open to public use within 1,000 feet of such school property; (iii) and on any school bus. HB 2426; CH. 873.

§ 18.2-259.1 amended.

Forfeiture of driver's license for drug violations. Provides that a person shall forfeit his driver's license for six months if he has proceedings deferred under the provision allowing a Class 6 drug fraud conviction to be reduced to a Class 1 misdemeanor following successful completion of probation terms and conditions. HB 309; CH. 45.

§ 18.2-268.9 amended.

DUI; analysis of breath test. Eliminates the requirement that the training required for individuals who administer breath tests consist of at least 40 hours. The bill requires that an individual's license identify the specific types of breath test equipment upon which the individual has been successfully trained. HB 1751; CH. 273.

§§ 18.2-270 and 18.2-271.1 amended. Driving while intoxicated. Provides that a person whose license is suspended following a DUI conviction shall remain on probation for the same period as the suspension, not to exceed three years. The bill mandates VASAP for a first and second offense DUI. Currently, VASAP is discretionary with the court on a second offense. The bill adds the transport of a minor child to school and medical care to the list of those places a person may drive while subject to a restricted permit following a DUI. Also, the fine is increased for a DUI conviction while transporting a minor from a minimum of $100 and maximum of $500 to a minimum of $500 and maximum of $1,000. HB 2296; CH. 743.

§ 18.2-270 amended.

Driving under the influence. Makes involuntary manslaughter while driving under the influence a prior conviction for the purpose of imposing an enhanced penalty for subsequent convictions of driving while intoxicated. SB 924; CH. 949.

§ 18.2-270.1 amended; § 18.2-271.3 repealed. Ignition interlock systems; penalty. Mandates that the car of a DUI second offender be outfitted with an ignition interlock system without the current requirement that he also be enrolled in an alcohol or drug rehabilitation program. HB 2170; CH. 734.

§ 18.2-280 amended.

Willfully discharging firearms in public places. Provides that if any person willfully discharges or causes to be discharged any firearm in any street in a city or town, or in any place of public business or place of public gathering, and such conduct results in bodily injury to another, he shall be guilty of a Class 6 felony, or of a Class 1 misdemeanor if there is no bodily injury to another person. HB 2012; CH. 996.

§ 18.2-285 amended.

Hunting with firearms while under influence of intoxicant or narcotic drug. Raises the penalty for hunting with firearms while intoxicated from a Class 3 misdemeanor to a Class 2 misdemeanor. HB 2217; CH. 543.

§ 18.2-308 amended.

Concealed weapons. Includes persons who retire after completing 20 years of service or after reaching the age of 55 from service as a law-enforcement officer with the Customs Service or the Department of State Diplomatic Security Service in the list of persons who are not charged for the issuance of a concealed gun permit. HB 2041; CH. 666/SB 947; CH. 628.

§ 18.2-308 amended.

Concealed weapons. Makes the following changes in the concealed weapon and concealed handgun law: allows a person to carry a concealed weapon without a permit while in his own place of business, provides that the training required prior to issuance of a concealed handgun permit never expires unless specified on the training documentation, requires a clerk of a circuit court to give an applicant written notice of his right to an ore tenus hearing upon denial of his concealed-carry permit, and specifically defines "under the influence of alcohol or drugs" for the purposes of the misdemeanor of being under the influence while carrying a concealed handgun in a public place. The bill further provides that a petition for review of denial shall be filed with the Court of Appeals within 60 days of denial or hearing instead of 30 days. It requires circuit courts which require proof of competency with a handgun to deem current military service or an honorable discharge such proof for the purpose of issuing a concealed weapons permit. Finally, it requires the chief law-enforcement officer of the last agency from which a law-enforcement officer retired to issue written proof of the retired officer's qualifications for exemption from the requirement to obtain a concealed weapons permit. HB 2332; CH. 679.

§ 18.2-308.1 amended.

Possession of weapons on school property. Adds to the list of weapons prohibited on school property knives with metal blades of three inches or longer. Butter knives and other implements used for food consumption or preparation are excluded from the prohibition. HB 1385; CH. 587.

§§ 18.2-308.1, 18.2-308.2, and 18.2-308.4. See § 19.2-80.2; HB 1691/SB 820.

§§ 18.2-340.16, 18.2-340.33 and 18.2-340.34 amended. Charitable gaming; prohibited practices. Allows landlords of facilities where charitable gaming is conducted to sell markers. Currently, all such landlords are prohibited from selling any bingo supplies. HB 1913; CH. 534.

§ 18.2-340.25 amended.

Charitable gaming; permits. Allows the Charitable Gaming Commission to issue permits effective for two years. SB 1234; CH. 361.

§ 18.2-340.30 amended.

Charitable gaming. Provides an additional 30 days for charitable gaming organizations to file financial reports with the Commission. Currently these organizations are required to file by the day due or risk revocation of their permits. SB 1233; CH. 360.

§ 18.2-371.2 amended.

Prohibiting purchase or possession of tobacco products by minors or sale of tobacco products to minors; penalties. Provides that the court shall suspend all or any portion of the civil penalty where it finds that a defendant retail establishment has trained its employees concerning the law in this area. The bill also authorizes the court to impose a civil penalty, up to a maximum of $1,000, in lieu of the lesser civil penalties for a violation where it finds that a defendant retail establishment has failed to train its employees. The bill also authorizes the court to prescribe community service instead of the civil penalty against a minor. HB 2611; CH. 1020.

§§ 18.2-374.1:1, 18.2-374.2, 18.2-374.3 and 19.2-298.1 amended.

Child pornography and indecent liberties with children. Increases the penalty for first offense possession of child pornography from a Class 3 misdemeanor to a Class 1 misdemeanor. The bill punishes the use of a communication system for accomplishment of certain sex crimes with children and production and possession of child pornography as a Class 5 felony. The bill also expands the crimes for which sex offender registration is required to include making and possessing child pornography. HB 1760; CH. 659.

§ 18.2-391 amended.

Unlawful e-mail. Creates a Class 1 misdemeanor to punish the person who sends for commercial purposes any electronic file or message containing sexually explicit material which is harmful to juveniles and may be examined by a juvenile. HB 748; CH. 936.

§§ 18.2-457 and 18.2-458 amended.

Summary contempt. Increases from $50 to $250 the monetary amount that a trial judge may order someone to pay if found in contempt of court. SB 925; CH. 626.

§ 18.2-460 amended.

Obstruction of justice. Adds to the offense of obstructing the investigation of a case involving a violent felony offense. The violation is a Class 5 felony. HB 376; CH. 770.

§ 18.2-460 amended.

Obstruction of justice. Includes within the Class 5 felony threats of bodily harm or force to intimidate or impede a judge, magistrate, justice, juror, witness, or law-enforcement officer or to obstruct or impede the administration of justice relating to the commission of or conspiracy to commit any violent felony offense. SB 838; CH. 800.

§ 18.2-472.1. See § 19.2-298.1; SB 760.

§ 18.2-477.2 added.

Crimes committed in secure juvenile facilities. Makes all of the offenses in subdivisions 1 through 9 of § 53.1-203 (escape, damage property to escape, possession of knife, chemical compound, drugs or firearms, burning property) apply to secure juvenile or detention homes, punishable as Class 1 misdemeanors. HB 421; CH. 21.