TITLE 18.2. CRIMES AND OFFENSES GENERALLY.

§§ 2.2-511, 18.2-18, 18.2-31, 18.2-51.1, 18.2-52.1, 18.2-60, 18.2-85, 19.2-61, 19.2-66, 19.2-70.2, 19.2-120, 19.2-215.1, 19.2-294, 19.2-386.1 through 19.2-386.5, 24.2-233, and 52-8.5 amended; §§ 15.2-1716.1 and 18.2-46.4 through 18.2-46.10 added.
Terrorism. Broadens Virginia's capabilities to respond to terrorism. The bill defines "act of terrorism" and "weapon of terrorism" and punishes committing, aiding and abetting terrorism, manufacture and possession of terrorist and hoax devices, acts of bioterrorism against agricultural crops or animals and making terrorist threats. The bill makes murder in the furtherance of terrorism a capital crime. The bill defines "radiological agent" and provides that the possession, with the intent to injure another, of an infectious biological substance or radiological agent capable of causing death or serious bodily injury is a Class 5 felony. A person who manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony.
The bill adds search and rescue and emergency medical services personnel to the section that provides enhanced penalties for malicious bodily injury to law-enforcement officers and firefighters. The bill allows the Attorney General to prosecute money laundering with the concurrence of the attorney for the Commonwealth of the locality.
The bill expands wiretap capabilities in response to terrorist activity and restricts admission to bail of a person charged with a terroristic crime. The bill also expands seizure and forfeiture law to include property associated with terrorism. The bill allows localities to be reimbursed for emergency response costs for terrorism hoaxes. HB 1120; CH. 588/SB 514; CH. 623.

§ 18.2-29 amended.
Criminal solicitation; penalty. Increases the penalty for soliciting another person to commit a murder from the current Class 6 felony to a term not less than five years or more than 40 years. HB 565; CH. 635/SB 321; CH. 615.

§ 18.2-49.1 amended.
Violation of court order regarding custody and visitation; penalty. Increases penalties for a person who knowingly, wrongfully and intentionally engages in conduct that constitutes a clear and significant violation of a court order respecting the custody or visitation of a child from a Class 4 to a Class 3 misdemeanor upon conviction of a first offense and from a Class 3 to a Class 2 misdemeanor for a second conviction within 12 months and from a Class 2 to a Class 1 misdemeanor for a third offense within 24 months. HB 416; CH. 576/ SB 44; CH. 596.

§ 18.2-52.1 amended.
Infectious biological substances. The bill defines "radiological agent" and provides that the possession, with the intent to injure another, of an infectious biological substance or radiological agent, capable of causing death or serious bodily injury, is a Class 5 felony. A person who manufactures, sells, gives, distributes or uses an infectious biological substance or radiological agent with the intent to injure another is guilty of a Class 4 felony. HB 260; CH. 816.

§ 18.2-57 amended.
Assault exception for school personnel. Expands the current teacher exception to the "simple assault" and "assault and battery" definitions to include a principal, assistant principal, guidance counselor or public school security officer. HB 427; CH. 817.

§ 18.2-60.3 amended.
Crimes; stalking. Exempts law-enforcement officers and regulated private investigators, acting in the course of their business, from the provisions of the stalking statute. HB 456; CH. 377.

§§ 18.2-61, 18.2-164, and 18.2-460. See § 16.1-228; HB 488/SB 290.

§ 18.2-152.4 amended.
Computer trespass. Provides that, with respect to the computer trespass Code section, nothing in the section shall be construed to prohibit a parent or legal guardian from monitoring the computer usage of a minor, denying the minor access to the computer or Internet or lawfully copying data. HB 304; CH. 195.

§ 18.2-174.1 amended.
Impersonation of public safety personnel. Raises the punishment for impersonation of a firefighter or other public safety personnel from a Class 3 to a Class 1 misdemeanor. HB 666; CH. 536.

§§ 18.2-187.1 and 18.2-190.1 through 18.2-190.4 amended; §§ 18.2-190.5 through 18.2-190.8 added.
Telecommunication devices; penalty. Broadens the definition of "telecommunication device" to include devices and software capable of receiving a variety of transmissions, including telephonic, electronic, Internet access, audio and video. The bill modifies the existing violation of selling or manufacturing unlawful telecommunication devices by adding the word "knowingly." Additionally, the bill provides that for the purposes of punishment, the unlawful activities of knowingly selling or manufacturing unlawful telecommunication devices are separate offenses for each device involved. The bill provides for both the forfeiture of unlawful telecommunication devices and the order of restitution. Finally, the bill provides civil relief for any party providing oil, electric, gas, water, telephone, telegraph, telecommunication or cable television service that is aggrieved by violation of certain sections. SB 221; CH. 671.

§ 18.2-264.01. See § 17.1-275; SB 150.

§ 18.2-268.2 amended.
DUI; blood alcohol test. Increases the time limit for implied consent in post-arrest chemical tests. Under current law a person arrested is deemed to have consented to breath and blood tests if the person is arrested within two hours of the alleged offense. This bill increases that time to three hours. SB 353; CH. 748.

§ 18.2-270 amended.
Charging a violation of driving while intoxicated. Clarifies language in DUI law to require the warrant, information, or indictment on which a person is convicted to allege that such person has been previously convicted of an offense committed within the specified time period (five or 10 years). The bill also includes some clarifying, non-substantive changes. HB 67; CH. 759.

§ 18.2-271 amended.
Forfeiture of driver's license for driving while intoxicated. Provides that a person loses his driver's license for three years if convicted of driving while intoxicated for the second time within 10 years. Currently, apparently by error, there is no time limit and a license could be suspended no matter how many years later the second offense occurs. HB 671; CH. 873.

§ 18.2-271.1 amended.
DUI; restricted license. Provides that the court that convicted a person of DUI has continuing jurisdiction over the person during any period of license revocation resulting from that conviction, for the purposes of referring the person to a certified alcohol safety action program and providing a restricted permit whether or not it took either such action at the time of the conviction. HB 1303; CH. 806.

§ 18.2-308 amended.
Concealed weapons. Provides than no fee shall be charged for the issuance of a concealed weapon permit for a retired law-enforcement officer after completing 15 years of service with a police or sheriff's department within the United States, the District of Columbia or any of the territories of the United States. HB 223; CH. 699.

§ 18.2-308 amended.
Carrying concealed weapons. Provides that any person otherwise eligible, if he is a member of the United States armed forces, may apply for a concealed handgun permit in the county or city in which he is domiciled even though he may be a resident of another state. HB 1058; CH. 728.

§ 18.2-308 amended.
Concealed weapon permits. Provides that concealed handgun permits issued by the State of Maryland are valid in the Commonwealth if the holder of the permit (i) is licensed in Maryland to perform duties comparable to those performed by Virginia branch pilots licensed pursuant to Chapter 9 (§ 54.1-900 et seq.) of Title 54.1, (ii) is performing such duties in Virginia, and (iii) is 21 years of age or older. Branch pilots guide ships in and out of harbors. Additionally, the bill exempts certain retired State Corporation Commission special agents from the section. SB 23; CH. 826.

§ 18.2-308.1:4 amended.
Carrying firearms during period of protective order. Clarifies that any person who is subject to a protective order is prohibited from carrying a concealed handgun while the order is in effect, even if he holds a concealed handgun permit. The person shall surrender his permit to the court for the duration of the protective order. A violation is a Class 1 misdemeanor. HB 432; CH. 865/SB 46; CH. 783.

§ 18.2-308.2 amended.
Possession of stun weapons and tasers by convicted felons. Rewords last year's amendment to the law that prohibits a convicted felon from possessing a firearm to make it abundantly clear that he may possess only a stun weapon or taser as defined by § 18.2-308.1 in his residence or the curtilage thereof. HB 300; CH. 362 (effective 4/1/02).

§ 18.2-308.2:2 amended.
One-handgun-a-month. Provides that the one-handgun-a-month purchase limitation does not apply to a person who trades in a handgun at the same time he makes a handgun purchase and as a part of the same transaction, provided that no more than one transaction of this nature is completed per day. HB 119; CH. 695.

§ 18.2-308.2:3 amended.
Criminal background check required for employees of a gun dealer to transfer firearms; exemptions; penalties. Provides an exemption from the requirement that an employee of a federally licensed firearms dealer submit fingerprints if the dealer submits a notarized affidavit to the Department of State Police that the employee's fingerprints were previously submitted to, and approved by, the Bureau of Alcohol, Tobacco and Firearms. The bill also punishes a false statement in the affidavit as a Class 5 felony. HB 951; CH. 880.

§ 18.2-323.1 amended.
Possession of open container of alcohol in a motor vehicle; penalty. Creates a rebuttable presumption that the driver has consumed an alcoholic beverage in violation of § 18.2-323.1 if (i) an open container is located in the passenger area of a motor vehicle, (ii) the alcoholic beverage in the open container has been at least partially removed and (iii) the appearance, conduct, odor of alcohol, speech or other physical characteristic of the driver may be reasonably associated with the consumption of an alcoholic beverage. A violation of § 18.2-323.1 is punishable as a Class 4 misdemeanor. SB 148; CH. 890.

§§ 18.2-340.16, 18.2-340.20, and 18.2-340.33 amended.
Charitable Gaming Commission; fair market rental value. Adds a definition of "fair market rental value"and provides clarification of "winner-take-all" games. HB 931; CH. 282.

§ 18.2-340.16 amended.
Charitable gaming; definition of reasonable and proper business expenses. Provides that payments made pursuant to § 51.1-1204 to the Volunteer Firefighters' and Rescue Squad Workers' Service Award Fund shall be deemed a reasonable and proper business expense. As a result, a qualified organization may use proceeds from charitable gaming to make contributions to the Fund. HB 1233; CH. 340.

§ 18.2-414.1 amended.
Interference with rescue squad workers; penalty. Increases the penalty for interfering with rescue squad workers performing their duties from a Class 4 misdemeanor to a Class 2 misdemeanor. HB 1251; CH. 560.

§ 18.2-423.01 added.
Burning object on property of another or public place with intent to intimidate; penalty. Creates a new section without amending existing language in the current cross-burning statute to provide that, without any reference to a cross, any person, with the intent of intimidating another, who burns an object on the private property of another, on a highway or other public place in a manner having a direct tendency to place another in reasonable fear or apprehension of death or bodily injury is guilty of a Class 6 felony. This is in response to the decision of the Virginia Supreme Court in Black v. Commonwealth, 2001 Va. Lexis 139 (2001), that found Virginia's cross-burning statute unconstitutional under the First Amendment. HB 1173; CH. 589/SB 111; CH. 600.

§ 18.2-460 amended.
Obstructing justice by giving a false statement to a law-enforcement officer. Provides that any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer who is in the course of conducting an investigation of a crime by another is guilty of a Class 2 misdemeanor. HB 369; CH. 527.

§ 18.2-465.1 amended.
Employee court appearances. Expands the statutory protections currently available to employees who are summoned or subpoenaed to court to include persons "who, having appeared, are required in writing by the court to appear at any future hearing." People in this category would then have the protections of the current statute, which provides that an employer who discharges, takes adverse personnel action, or requires the use of sick leave or vacation time regarding an employee who has given the employer notice of the court appearance is guilty of a Class 3 misdemeanor. This bill is a recommendation of the Committee on District Courts. HB 816; CH. 423.

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