TITLE 18.2. CRIMES AND OFFENSES GENERALLY.

§ 18.2-32.2 added.
Feticide. Provides that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony. The bill also provides that any person who unlawfully, willfully, deliberately and maliciously kills the fetus of another is guilty of a felony punishable by confinement in a state correctional facility for not less than five nor more than 40 years. HB 1; CH. 1026/SB 319; CH. 1023.

§§ 4.1-305, 18.2-36.1, 18.2-51.1, 18.2-53.1, 18.2-57, 18.2-121, 18.2-154, 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-248.5, 18.2-255, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.2:2, 18.2-308.4, 19.2-120, 30-19.1:4, 46.2-301, 46.2-341.28, 46.2-357, 46.2-391, 53.1-116, and 53.1-203 amended; § 18.2-12.1 added.
Mandatory minimum punishment. Sets out a definition of mandatory minimum punishment to mean that the court shall impose the entire term of confinement, the full amount of the fine and the complete requirement of community service. Currently the term is used inconsistently throughout the Code. This is a recommendation of the Title 18.2 Study Subcommittee of the Crime Commission. HB 1059; CH. 461.

§ 18.2-46 amended.
Venue of mob crimes. Provides that venue for all actions and prosecutions of any mob crime shall be in the county or city wherein such crime occurred, or of the county or city from which the victim may have been taken. Currently, such venue lies only in the circuit court of such city or county. HB 119; CH. 144.

§§ 18.2-46.1, 18.2-46.3, 18.2-460, and 19.2-215.1 amended; §§ 18.2-46.3:1 and 18.2-46.3:2 added.
Recruitment of juveniles for criminal street gang; penalty. Includes within the definition of "criminal street gang" the current definition of "pattern of criminal gang activity." The bill creates a Class 1 misdemeanor for a person of any age to recruit a person into a criminal street gang. Current law punishes an adult recruiting a minor as a Class 6 felony. The bill creates a Class 6 felony for forcing a person to become a gang member through the use or threat of force against that person or another person. The bill makes a third or subsequent conviction within 10 years of prohibited criminal street gang participation and recruitment a Class 3 felony (five to 20 years). The bill allows for the forfeiture of any property, real or personal, used in connection with street gang activity. The bill also amends the obstruction of justice statute to include gang-related crimes. The bill adds gang activity to the list of crimes that a multijurisdictional grand jury can investigate. HB 569; CH. 435/SB 321; CH. 396.

§§ 15.2-926, 16.1-278.8, 18.2-46.1, 18.2-258, 18.2-308 and 29.1-338 amended; §§ 8.01-27.3, 8.01-226.8, 8.01-226.9, 15.2-912.2, 15.2-912.3, 15.2-915.2 and 15.2-915.3, 15.2-926.2, 15.2-1209.1 and 15.2-1812.2, 48-16 and 48-17, added; §§ 18.2-105, 18.2-138.1, 18.2-287, 18.2-287.1, 18.2-340.32, 18.2-389, 18.2-432, and 18.2-433 repealed.
Selected provisions of Title 18.2. Moves certain statutes out of Title 18.2 and into other titles of the Code. Bad check and civil liability provisions are moved to Title 8.01, authorizations for local ordinances are moved to Title 15.2 and nuisance provisions are moved to Title 48. This bill is a recommendation of the Title 18.2 Study Subcommittee of the Virginia State Crime Commission. HB 1060; CH. 462.

§ 18.2-46.1 amended.
Predicate crimes by criminal street gangs; penalty. Expands the list of predicate criminal acts that define a pattern of criminal activity and a criminal street gang to include certain drug sale, distribution, transportation, possession and manufacturing crimes and recruitment of a juvenile into a street gang. HB 1149; CH. 867.

§ 18.2-46.3:1 added.
Criminal street gang crimes. Makes a third or subsequent conviction of sections prohibiting criminal street gang participation and recruitment within 10 years a Class 3 felony (five to 20 years in prison). HB 760; CH. 847.

§§ 18.2-46.9, 18.2-110, 18.2-152.16, 18.2-190.7, 18.2-246.4, 18.2-246.13, 18.2-246.14, 18.2-249, 18.2-253, 18.2-253.1, 18.2-253.2, 18.2-265.4, 18.2-283.1, 18.2-287.4, 18.2-308, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, 18.2-310, 18.2-336, 18.2-374.1:1, and 18.2-374.2. See § 19.2-386.1; HB 1058.

§ 18.2-51.1 amended.
Malicious injury; law-enforcement officers. Adds game wardens to the definition of law-enforcement officer so that the enhanced penalty will apply if they are the victims of malicious or unlawful wounding. Malicious wounding is a Class 3 felony (five-20 years) and malicious wounding of a law-enforcement officer is five-30 years with a mandatory minimum term of imprisonment of two years. In the case of unlawful wounding the penalty is a Class 6 felony (one-five years) with a mandatory minimum term of imprisonment of one year if the victim is a law-enforcement officer. HB 640; CH. 841.

§ 18.2-52.1 amended.
Malicious bodily injury; caustic substance. Provides that maliciously and intentionally causing bodily injury to another by means of an infectious biological substance or radiological agent is a felony punishable by confinement in a state correctional facility for five to 30 years HB 184; CH. 833.

§ 18.2-55.1 added.
Hazing. Extends criminal liability to those who haze gang members. Currently, the law is limited to student victims. HB 801; CH. 850.

§ 18.2-57 amended.
Assault and battery; volunteer firefighters. Adds volunteer firefighters and lifesaving or rescue squad members who are members of a bona fide volunteer fire department or volunteer rescue or emergency medical squad to the list of protected classes which, if assaulted, the perpetrator is guilty of a Class 6 felony and will receive a mandatory minimum six-month term of incarceration. The designation will apply regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such persons as employees. SB 677; CH. 420.

§ 18.2-57.2 amended.
Assault and battery against a family or household member; penalty. Revises the time period from 10 to 20 years in which three convictions for assault and battery against a family or household member must occur in order that the third one be a felony. HB 656; CH. 738.

§ 18.2-57.2 amended.
Third offense assault and battery against a family or household member. Provides that upon a conviction for assault and battery against a family or household member, when the person has been previously convicted of two offenses of (i) assault and battery against a family or household member in violation of § 18.2-57.2, (ii) malicious wounding in violation of § 18.2-51, (iii) aggravated malicious wounding in violation of § 18.2-51.2, (iv) malicious bodily injury by means of a substance in violation of § 18.2-52, or (v) an offense under the law of any other jurisdiction which has the same elements as any of the above offenses, in any combination, all of which occurred within a period of 10 years, and each of which occurred on a different date, the person is guilty of a Class 6 felony. Currently, the Class 6 felony applies only if the prior convictions were for assault and battery against a family or household member. HB 863; CH. 448.

§ 18.2-57.3 amended.
Persons charged with first offense of assault and battery against a family or household member. Allows a court to order participation in a local community-based probation program established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if such program is available, when a person charged with first offense of assault and battery against a family or household member is placed on probation under deferred proceedings. HB 1307; CH. 377.

§ 18.2-57.4 added.
Reporting of assault and battery of a spouse or partner by military personnel. Requires a court to report a finding of guilt of assault and battery of a household member by an active duty member of the United States Armed Forces to family advocacy representatives of the United States Armed Forces. SB 276; CH. 681.

§ 18.2-67.3 amended.
Aggravated sexual battery. Provides that aggravated sexual battery committed through the use of the complaining witness's mental incapacity is, in and of itself, without any additional factors considered, a felony offense. Under current law, one of the following additional factors would be necessary: (i) the complaining witness is at least 13 but less than 15 years of age, (ii) the accused causes serious bodily or mental injury to the complaining witness, or (iii) the accused uses or threatens to use a dangerous weapon. HB 660; CH. 843.

§ 18.2-67.4:1 amended.
Infected sexual battery; penalty. Provides that any person who, knowing he is infected with HIV, syphilis or hepatitis B, has sexual intercourse, cunnilingus, fellatio, anallingus or anal intercourse with another person without having previously disclosed the existence of his infection to the other person is guilty of a Class 1 misdemeanor. The current law provision that it is a Class 6 felony to engage in such activity with the intent to transmit the infection to another person remains unchanged. HB 871; CH. 449.

§ 18.2-67.10 amended.
Definition of sexual abuse. Adds to the definition of sexual abuse used in criminal cases: "the complaining witness is under the age of 13, the accused causes or assists the complaining witness to touch the accused's, the witness's own, or another person's intimate parts or material directly covering such intimate parts." HB 718; CH. 741.

§ 18.2-90 amended.
Buildings that can be burglarized. Revises the statutory definition of burglary by replacing the list of buildings that can be burglarized with the term "any building permanently affixed to realty." HB 645; CH. 842.

§§ 17.1-805, 18.2-124, 18.2-374.3, 19.2-299 amended; §§ 18.2-111.1, 18.2-114, 18.2-123, 18.2-161, 18.2-202, 18.2-203, 18.2-211, 18.2-351, 18.2-352, 18.2-353, 18.2-358, and 18.2-367 repealed.
Repeal of various statutes. Repeals, by recommendation of the Title 18.2 Study Subcommittee of the Virginia State Crime Commission, 12 statutes in Title 18.2 that have been little used and whose offenses are covered by other statutes. In determining whether to recommend a statute for repeal the Subcommittee looked at various factors, including the date enacted, the number of convictions under the statute, whether the statute was the subject of any appellate court cases and whether the elements of the offenses were covered by other statutes. The statutes repealed include: conversion of certain military property, sale of goods of another and failure to pay over proceeds, dogs not permitted in Capitol Square, trespassers forbidden to jump on or off railroad cars or trains, false statements by purchaser of real property as to use for personal residence, false statement or willful overvaluation of property for purposes of influencing lending institution, unlawful use of words "Official Tourist Information," commitment of persons convicted of certain offenses, detaining male or female in bawdy place against his or her will and conspiring to cause spouse to commit adultery. HB 1055; CH. 459.

§ 18.2-127. See § 8.01-44.6; SB 494.

§§ 2.2-511, 18.2-186.3, 18.2-186.5, and 63.2-1809 amended.
Identity theft; fictitious name; identity theft passport; Attorney General to conduct criminal prosecutions; day care records; penalties. Authorizes the Attorney General, with the concurrence of the attorney for the Commonwealth, to assist in the prosecution of the crimes of identity theft (§ 18.2-186.3) and the use of a person's identity with the intent to intimidate, coerce, or harass (§ 18.2-186.4). The bill allows for a conviction under the identity theft statutes when the defendant uses a false or fictitious name. The bill requires the Division of Motor Vehicles, upon notification from the Attorney General that an Identity Theft Passport has been issued to a driver, to note the same on the driver's abstract. The bill directs child day programs that reproduce or retain documents of a child's proof of identity that are required upon the child's enrollment into the program to destroy them upon the conclusion of the requisite period of retention. The procedures for the disposal, physical destruction or other disposition of the proof of identity containing social security numbers shall include all reasonable steps to destroy such documents by (i) shredding, (ii) erasing, or (iii) otherwise modifying the social security numbers in those records to make them unreadable or indecipherable by any means. HB 872; CH. 450.

§ 18.2-187.2 added.
Audiovisual recording of motion pictures unlawful; penalty. Prohibits recording of a motion picture while it is being shown at a movie theater and punishes such behavior as a Class 1 misdemeanor. A movie theater owner or lessee or his agent or employee who has probable cause to believe that a person has made such a recording may detain such person for a period not to exceed one hour pending arrival of a law-enforcement officer and shall not be civilly liable for such a detention. HB 1129; CH. 759.

§ 18.2-247 amended.
Counterfeit drugs; the Drug Control Act; penalty. Renders it unlawful in the same manner and degree as for imitation controlled substances to knowingly manufacture, sell, possess, distribute, dispense or facilitate the distribution or dispensing of any drug known to be counterfeit. "Counterfeit drug" is defined as "a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug." SB 325; CH. 688.

§§ 18.2-251.02 and 18.2-254.1. See § 17.1-275; HB 1430.

§ 18.2-254 amended.
Escape from a drug treatment facility. Provides that a charge of escape from a drug treatment facility may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. HB 324; CH. 130.

§ 18.2-258.2 added.
Assisting individuals in unlawfully procuring prescription drugs; penalty. Provides that any person who, for compensation, knowingly assists another in unlawfully procuring prescription drugs from a pharmacy or other source he knows is not licensed, registered or permitted by the licensing authority of the Commonwealth, any other state or territory of the United States, or the United States, is guilty of a Class 1 misdemeanor and, upon a second or subsequent conviction, a Class 6 felony. HB 632; CH. 620.

§§ 18.2-267, 18.2-268.2 through 18.2-268.5, 18.2-268.8, 18.2-268.9, 18.2-268.10, and 18.2-272 amended.
DUI; previous offender and breath test refusal. Provides that it is a Class 1 misdemeanor for a person who has been convicted of DUI, and who has been issued, and is subject to the provisions of a restricted permit, to drive with a blood alcohol concentration of 0.02 percent or more. The bill also punishes refusal to submit to a blood alcohol test as a Class 2 misdemeanor if the offender has a prior offense of DUI or refusal within 10 years, and as a Class 1 misdemeanor if the offender has two prior such offenses. Both offenses also carry a three-year license suspension. SB 329; CH. 1013.
§ 18.2-268.3 amended. Punishment for refusal to give blood or breath test for DUI. Makes clear that the act of refusal to give a blood or breath test upon arrest for DUI is a punishable offense. SB 5007; CH. 2, 2004 Special Session.

§§ 18.2-268.3 and 18.2-268.4 amended.
DUI; previous offender and breath test refusal. Punishes refusal to submit to a blood alcohol test as a Class 2 misdemeanor if the offender has a prior offense of DUI or refusal within 10 years, and as a Class 1 misdemeanor if the offender has two prior such offenses. Both offenses also carry a three-year license suspension. HB 127; CH. 985.

§ 18.2-268.3 amended.
Refusal of DUI breath or blood tests; procedures. Removes the requirement that the magistrate reaffirm to a DUI arrestee his liability for refusal to submit to a preliminary blood or breath test after the arresting officer has already informed the arrestee. The bill also requires that the arresting officer shall inform the DUI arrestee from a form provided by the Office of the Executive Secretary of the Supreme Court and that the arresting officer shall acknowledge on such form that he has read the form to the arrestee. SB 202; CH. 1022.

§§ 18.2-268.5, 19.2-310.3, and 46.2-341.26:5 amended.
Persons authorized to take blood samples. Provides that registered nurses, licensed practical nurses and phlebotomists are authorized to take blood samples in DUI cases and for DNA samples. HB 654; CH. 440.

§§ 18.2-268.5 and 46.2-341.26:5 amended.
Procedure for taking blood samples. Adds pvp iodine and povidone iodine as substances that may be used to cleanse the part of the body from which a sample of blood is taken for testing for DUI. HB 786; CH. 150.

§ 18.2-270 amended.
Mandatory minimum fine for a first offense DUI. Provides that there is a mandatory minimum fine of $250 for all first offense DUIs, not just for those offenders with an elevated blood alcohol content. HB 217; CH. 946.

§ 18.2-270 amended.
Penalties for driving while intoxicated. Reduces the blood alcohol content from 0.20 to 0.15 for purposes of mandatory confinement of five days, (10 days for second offense in 10 years), and reduces the blood alcohol content from 0.25 to 0.20 for purposes of mandatory confinement of 10 days, (20 days for second offense in 10 years). HB 667; CH. 950.

§ 18.2-270 amended.
Penalty for driving while intoxicated; subsequent offense. Increases from 30 days to six months the minimum mandatory sentence for a third offense DUI committed within five years. HB 1107; CH. 957.

§ 18.2-270 amended.
Forfeiture of vehicle for third DUI offense. Provides that the Commonwealth may seize and order forfeited the motor vehicle solely owned by a person convicted of a felony DUI. Seizure does not occur until conviction and the exhaustion of all appeals. An immediate family member of the owner of the motor vehicle who was not the driver at the time of the violation may petition the court for the release of the motor vehicle. If he proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that vehicle is seized and forfeited, the court may release the vehicle. In the event the vehicle is sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth will have a right of action against the seller for the proceeds of the sale. HB 1130; CH. 958.

§ 18.2-270 amended.
Penalty for driving while intoxicated; subsequent offense. Creates a mandatory minimum term of 20 days for a second offense within five years, formerly five days; for a second offense within five to 10 years, 10 days in jail, formerly no mandatory minimum; for a third offense within 10 years, 90 days, formerly 10 days; and for a third offense within five years, 180 days, formerly 30 days. HB 1147; CH. 962.

§ 18.2-270. See § 19.2-294.1; SB 384.

§ 18.2-270.01 added.
Multiple DUI offenders; Trauma Center Fund. Establishes in the state treasury a special nonreverting fund to be known as the Trauma Center Fund. The Fund shall consist of any moneys paid into it by those who are convicted of two or more DUI-related offenses within 10 years and any moneys appropriated by the General Assembly. Any person so convicted must pay $50 to the Trauma Center Fund for the purpose of defraying the costs of providing emergency medical care to victims of automobile accidents attributable to alcohol or drug use. The Department of Health is to award and administer grants from the Fund to appropriate trauma centers based on written criteria that it develops. HB 1143; CH. 999.

§ 18.2-270.1 amended.
Mandatory ignition interlock. Provides that, in addition to any penalty provided by law for a DUI conviction the court shall, for any offense where an offender's blood alcohol content equals or exceeds 0.15 percent, as a condition of a restricted license or as a condition of license restoration, require an ignition interlock. HB 1138; CH. 961.

§ 18.2-271.1 amended.
Restricted permit to operate a motor vehicle. Authorizes a court to issue a restricted permit to operate a motor vehicle to a person in order for that person to travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation. HB 43; CH. 720.

§ 18.2-272. See § 46.2-301; HB 557.

§ 18.2-287.01 added.
Guns in airports. Provides that it is a Class 1 misdemeanor for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missile or projectile of any kind, (ii) frame, receiver, muffler, silencer, missile, projectile or ammunition designed for use with a dangerous weapon, or (iii) any other dangerous weapon, including explosives, tasers, stun weapons and those weapons specified in subsection A of § 18.2-308. This prohibition does not apply to law-enforcement officers or a passenger of an airline who transports a lawful firearm, weapon or ammunition into or out of an air carrier airport terminal to present the firearm, weapon or ammunition to a U.S. Customs agent in advance of an international flight, to check the firearm, weapon or ammunition with his luggage, or to retrieve the firearm, weapon or ammunition from the baggage claim area. The bill provides that any other statute, rule, regulation or ordinance concerning the possession or transportion of weapons in airports in the Commonwealth is invalid. SB 660; CH. 894.

§§ 15.2-1209, 18.2-299, and 22.1-277.07 amended; § 15.2-915.2 added.
Pneumatic guns. Allows a locality to regulate or restrict the use of pneumatic guns by ordinance, including requiring that minors under the age of 16 have adult supervision when using pneumatic guns. No such ordinance shall prohibit the use of pneumatic guns at shooting ranges or other property where firearms may be discharged. Commercial or private areas may be established for the use of pneumatic paintball guns, but such areas must provide protective equipment for the face and ears of participants, and signs must be posted warning against entry into the area by unprotected persons. The bill defines a "pneumatic gun" as an implement, designed as a gun, that expels a BB or pellet by action of pneumatic pressure. The bill clarifies definitions of other types of firearms to distinguish between firearms and pneumatic guns. The bill states that if a school operates a Junior Reserve Officers Training Corps (JROTC) program, the school cannot prohibit the JROTC from conducting marksmanship training when such training is a normal element of the program, and that the school administration shall cooperate with the JROTC staff in implementing such training. HB 1303; CH. 930.

§ 18.2-308 amended.
Crimes; carrying concealed weapon. Adds machete to the list of those weapons that are illegal to carry on the person, hidden from observation. HB 167; CH. 423.

§ 18.2-308 amended.
Concealed weapons permit. Provides that an out-of-state concealed weapons permit authorizes the holder of the permit to carry a handgun in the Commonwealth if the permit holder is at least 21 years of age. The bill allows recognition of the other state's permit even if the other state has a lower age requirement and permits weapons other than handguns. Virginia's age requirement (21 years) would apply and the only weapon authorized while the permit holder is in Virginia is a handgun. The bill allows the Superintendent of State Police, in consultation with the Attorney General, to enter into reciprocity agreements with any state qualifying for recognition under these requirements. In addition, the bill establishes a procedure for nonresidents of the Commonwealth who are at least 21 years old to apply to the Virginia Department of State Police for a five-year permit to carry a concealed handgun, which includes proof of demonstrated competence with a handgun. The bill also requires residents of the Commonwealth to submit proof of demonstrated competence when applying for a concealed handgun permit. Previously, it was left to the court's decision as to whether or not to require proof of competency. HB 215; CH. 900.

§ 18.2-308 amended.
Concealed weapons permit. Provides that an out-of-state concealed weapons permit authorizes the holder of the permit to carry a handgun in the Commonwealth if the permit holder is at least 21 years of age. The bill allows recognition of the other state's permit even if the other state has a lower age requirement and permits weapons other than handguns. Virginia's age requirement (21 years) would apply and the only weapon authorized while the permit holder is in Virginia is a handgun. HB 238; CH. 901.

§ 18.2-308 amended.
Concealed handgun permit applications; social security numbers. Allows a clerk of court to withhold from public disclosure the social security number in a concealed handgun permit application in response to a request to inspect or copy such permit application. However, the social security number shall not be withheld from a law-enforcement officer acting in the performance of his official duties. HB 382; CH. 355.

§ 18.2-308 amended.
Concealed handgun permit; issuance of permit. Provides that a copy of a concealed handgun permit application will become a de facto permit if the court does not grant or deny the permit within 45 days of receipt of the completed application. The bill requires the clerk of the court to record the date that the completed application is received, and certify on the application if no action is taken by the court within the required 45-day time period. The clerk must send a copy of the certified application to the applicant, and the copy will serve as a de facto permit until the court grants a five-year concealed handgun permit or finds the applicant to be disqualified. If the five-year permit is denied, the applicant must surrender the de facto permit to the court. The clerk must also forward a copy of the certified application to the State Police and local law-enforcement agencies, so that the permit's existence and status will be known to law-enforcement agencies. HB 402; CH. 903.

§ 18.2-308 amended.
Concealed handgun application. States that there is no requirement as to the length of time an applicant for a concealed handgun permit must have been a resident or domiciliary of the county or city where he applies. HB 444; CH. 905.

§ 18.2-308 amended.
Concealed handgun permits. Exempts retired officers of the law-enforcement division of the Virginia Marine Resources Commission from concealed weapons requirements. The bill also exempts certain retired law-enforcement officers who have reached the age of 55, other than officers terminated for cause, from the requirements. The bill provides that an order denying the issuance of a concealed handgun permit must state the basis for the denial and advise the applicant as to his right to and requirements for perfecting an appeal of the order. A law-enforcement officer with the U.S. Marshals Service would not have to pay a fee for a concealed handgun permit. For purposes of reciprocity, the official government-issued law-enforcement identification card issued to an active-duty law-enforcement officer in the Commonwealth who is exempt from obtaining a concealed handgun permit shall serve as the officer's concealed handgun permit. Finally, the bill sets forth a definition of a "law-enforcement officer" to be used throughout § 18.2-308 that includes individuals defined as a law-enforcement officer in § 9.1-101, including full-time law-enforcement officers employed by a law-enforcement agency of the United States or a political subdivision who perform similar duties to those set forth in § 9.1-101; campus police officers; law-enforcement agents of the United States Armed Forces; and federal agents authorized to carry weapons. HB 1205; CH. 926.

§ 18.2-308 amended.
Concealed handgun permit. Modifies provision that exempts a retired law-enforcement officer from having to have a permit to carry a concealed handgun to provide that a retired officer who has reached 55 years of age qualifies for this provision. Under current law a retired law-enforcement officer qualifies only if he has 15 years of service or retired with a service-related disability. The bill also waives the concealed handgun permit fee (maximum $50) for law-enforcement officers retired from the U.S. Marshals Service. SB 99; CH. 876.

§ 18.2-308 amended.
Concealed weapons; concealed handgun permits. Provides that the possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting carries a concealed handgun permit. The bill also exempts from the requirements game wardens, Virginia Marine Police officers retired from the Law Enforcement Division of the Virginia Marine Resources Commission, and other law-enforcement officials who have reached the age of 55, other than officers terminated for cause. Furthermore, a retired law-enforcement officer from the Department of Game and Inland Fisheries or the U.S. Marshals Service is exempt from paying a fee for a concealed handgun permit.
When applying for a concealed handgun permit, there is no requirement as to the length of time an applicant must have been a resident or domiciliary of the county or city where he applies. An applicant is required to provide his social security number on an application, but the bill provides an exemption that allows the social security numbers to be withheld from public disclosure. However, the social security number may not be withheld from a law-enforcement official acting in the perfomance of his official duties. If an application for a concealed handgun permit is denied, the denial order must state the basis for the denial and state the applicant's right for perfecting an appeal of the decision. The bill clarifies that misdemeanors set forth in Title 46.2 shall not be considered disqualifications for a concealed handgun permit. If a court does not issue or deny an application for a concealed handgun permit within the required 45-day period, the bill establishes a procedure by which the application itself will become a de facto concealed handgun permit, valid for 90 days.
The bill would recognize a concealed weapons permit or license issued by another state to a person 21 years of age or older as a valid concealed handgun permit in the Commonwealth. The law currently recognizes only certain out-of-state concealed handgun permits. For purposes of reciprocity, the official government-issued identification cards issued to active-duty law-enforcement officers in the Commonwealth who are exempt from obtaining concealed handgun permits shall serve a concealed handgun permit.
Finally, the bill sets forth a definition of "law-enforcement officer" to be used throughout § 18.2-308. SB 326; CH. 1012.

§ 18.2-308 amended.
Concealed handgun reciprocity; law-enforcement officers. Provides that for the purposes of participation in concealed handgun reciprocity agreements with other jurisdictions, the official government identification card issued to an active duty law-enforcement officer in the Commonwealth is deemed to be a concealed handgun permit. SB 341; CH. 885.

§ 18.2-308.1 amended.
Crimes; possession of weapon on school property. Allows an off-duty law-enforcement officer to carry his handgun on school grounds. Currently, only a law-enforcement officer while engaged in his official duties may carry his weapon onto school grounds. HB 286; CH. 128.

§ 18.2-308.2 amended.
Possession or transportation of explosives by convicted felons; penalties. Provides that it is a Class 6 felony for a convicted felon to possess or transport explosive material, e.g., dynamite, black powder, pellet powder, smokeless gun powder, detonators, blasting caps and detonating cord, etc. HB 414; CH. 429.

§ 18.2-308.2:01 amended.
Possession or transportation of firearms by certain persons. Provides that a person who is not a citizen and is not lawfully present in the United States shall be subject to punishment as a Class 6 felon for possession of any firearm. Currently, the law prohibits the possession of an assault weapon by any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. HB 79; CH. 347.

§ 18.2-308.2:2 amended.
Requirements for firearm sales. Provides that for the purpose of firearm purchase, the permanent duty post of a member of the armed services is considered his residence. Where a purchaser presents a copy of his permanent orders assigning him to a duty post in Virginia along with photo-identification issued by the Department of Defense, no other documentation or residency shall be required by the seller. The bill also allows any type of communication authorized by the State Police, and not just a telephone call, to ascertain a prospective purchaser's criminal record. The bill removes the requirement that firearm safety information be posted and handed out where firearms are sold. HB 375; CH. 354.

§ 18.2-308.2:2 amended.
One gun a month. Allows the holder of a valid Virginia concealed-carry permit to purchase more than one handgun a month. The bill also allows a person to purchase more than one handgun a month if purchased through a private sale. Private sale is defined as a sale by a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection of curios or relics, or who sells all or part of his personal collection of curios or relics. HB 404; CH. 904.

§ 18.2-308.2:2. See § 15.2-915; HB 530.

§ 18.2-308.2:2 amended.
Purchase of firearms. Provides that the law governing purchase of firearms in Virginia by Virginians shall not apply to restrict purchase, trade or transfer of firearms by a resident of Virginia when the resident of Virginia makes such purchase, trade or transfer in another state and that when a resident of Virginia makes a purchase, trade or transfer of firearms in another state, the laws and regulations of that state and of the United States governing the purchase, trade or transfer of firearms shall apply. The bill specifies that a National Criminal Background Check System check must be performed prior to the purchase, trade or transfer. HB 1144; CH. 922.

§ 18.2-340.20 amended.
Department of Charitable Gaming; permits. Prohibits the Department of Charitable gaming from denying, suspending, or revoking the permit of any organization solely because of its failure to meet the required minimum percentage of its gross receipts required to be used for charitable purposes, as prescribed by regulations adopted pursuant to subdivision 1 of § 18.2-340.19, provided that (i) the organization is otherwise in compliance with the laws and regulations governing charitable gaming in the Commonwealth; (ii) there are no pending criminal charges or prior convictions against an officer of the organization or game manager involving a felony related to fraud, theft, or financial crimes, or involving a misdemeanor related to moral turpitude; and (iii) the Department determines that an organization has used sufficient proceeds for the lawful religious, charitable, community or educational purposes for which the organization is specifically chartered or organized. The bill also provides that this "waiver" shall expire on December 31, 2005, or when replacement regulations adopted pursuant to subdivision 1 of § 18.2-340.19 by the Charitable Gaming Board, become effective, whichever occurs first. HB 152; CH. 213.

§ 18.2-340.33 amended.
Charitable gaming; prohibited practices; exceptions. Provides that the statutory limits for the award of any bingo prize money shall not apply to any bingo game, commonly referred to as "Lucky Seven Games" described in the bill, and sets prize limits for these games. HB 437; CH. 275.

§§ 18.2-341, 18.2-342, 18.2-343, and 40.1-28.5 repealed.
Sunday closing laws. Repeals Virginia's "Blue laws." SB 659; CH. 608.

§ 18.2-359 amended.
Venue for criminal sexual assault prosecutions. Provides that venue for trial of any person transporting or attempting to transport through or across the Commonwealth, any person for the purposes of committing or attempting to commit criminal sexual assault is in any county or city in which any part of such transportation occurred. The bill also provides that when the county or city where the offense is alleged to have occurred cannot be determined, the trial of any person charged with committing or attempting to commit criminal sexual assault against a person under 18 years of age may be in the county or city in which the crime is alleged to have occurred or in the county or city where the person under 18 years of age (the victim) resided at the time of the offense. HB 1293; CH. 869.

§ 18.2-369 amended.
Abuse and neglect of incapacitated adult. Raises from a Class 6 felony to a Class 4 felony the penalty for abusing or neglecting an incapacitated adult where the abuse or neglect results in serious bodily injury or disease. HB 1093; CH. 863.

§ 18.2-374.3 amended.
Computer crimes committed by adults. Clarifies language to ensure that 18-year-olds are covered by the statute criminalizing use of a communications system to solicit sexual activity with children. HB 1125; CH. 864.

§ 18.2-374.3. See § 9.1-902; HB 759/SB 575.

§ 18.2-386.1 amended.
Unlawful filming, videotaping or photographing of child; penalty. Provides that videotaping, photographing or filming a nude or undergarment-clad nonconsenting person under the age of 18, under circumstances where the person would have a reasonable expectation of privacy, is punishable as a Class 6 felony. Currently, the offense is a Class 1 misdemeanor without regard to the age of the nonconsenting person. HB 663; CH. 844.

§ 18.2-433.1 amended.
Definition of a law-enforcement officer. Corrects a subsection reference that was overlooked in the recodification of Title 9 into Title 9.1 in 2003. HB 67; CH. 263.

§ 18.2-465.1 amended.
Penalizing employee for service on jury panel. Provides that a person who is summoned to serve on jury duty is not required to work on the day of his jury service. HB 734; CH. 800 (effective 7/1/05).

§ 18.2-511 added.
Sale of military grave markers prohibited; civil penalty. Provides that any person who sells or offers for sale any military grave marker of one or more deceased persons who served in the military service of the Commonwealth, the United States, or any of the states thereof, shall be assessed a $100 civil penalty payable to the Literary Fund. The provisions do not apply to the sale if the grave marker was (i) conveyed with real property to which it remains affixed, (ii) sold or offered for sale following manufacture or fabrication and prior to initial installation or dedication, or (iii) lawfully acquired. HB 812; CH. 299 (effective 1/1/05).

§§ 2.2-511, 19.2-10.1, and 58.1-1017 amended; §§ 18.2-511 through 18.2-516 added.
Racketeer Influenced and Corrupt Organization (RICO) Act. Creates a RICO act for Virginia under which various violations of the criminal law become racketeering. The Attorney General is authorized to conduct criminal prosecutions of RICO with the concurrence of the local attorney for the Commonwealth. Racketeering activity is defined as committing, attempting or conspiring to commit, or soliciting, coercing or intimidating another person to commit two or more offenses involving: gang crimes, terrorism, obstruction of justice, waste management, murder, voluntary manslaughter, kidnapping, certain woundings, robbery, arson, burglary, grand larceny, embezzlement, forgery, obtaining money by false pretenses, false statements to obtain property or credit, credit card offenses, money laundering, drug offenses, certain firearm offenses, illegal gambling, prostitution, abuse and neglect of incapacitated adults, producing child pornography, unlawful paramilitary activity, perjury, bribery, government fraud, Medicaid applications or possession of unstamped cigarettes. Using or investing an aggregate of $10,000 or more of racketeering proceeds to acquire real property or to establish a criminal enterprise is a felony punishable by five-40 years of confinement and a fine of not more than $1 million for a first offense and a Class 2 felony and a fine of not more than $2 million for a second or subsequent offense. Money transmission of proceeds from a racketeering activity is a Class 6 felony. The sale, purchase, transport, receipt or possession of 3,000 or more packages of unstamped cigarettes for the purposes of evading taxes is a Class 6 felony. Subpoena duces tecum provisions are amended to include money transmitters and commercial businesses providing credit histories and reports. The bill contains venue and forfeiture provisions. HB 1123; CH. 996/SB 320; CH. 883.