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2001 SESSION

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011951716
HOUSE BILL NO. 2223 Offered January 10, 2001 Prefiled January 10, 2001 A BILL to amend the Code of Virginia by adding a section numbered 18.2-145.1, relating to damaging or destroying agricultural or forestry product, facility or animal; penalty. ----------
Patrons-- Deeds, Jackson, Kilgore, Orrock, Watts and Weatherholtz; Senators: Houck, Rerras and Reynolds
---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

That the Code of Virginia is amended by adding a section numbered 18.2-145.1 as follows:

§ 18.2-145.1. Damaging or destroying agricultural or forestry product,facility or animal; penalty.

A. Any person or entity who maliciously damages or destroys any agricultural or forestry product, animal or facility that is grown or operated for testing or research purposes in the context of product development in conjunction or coordination with a private research facility or a university or any federal, state or local government agency shall be guilty of a Class 4 felony.

B. The court may order the defendant to make restitution. In awarding restitution under this section, the courts shall consider the market value of the agricultural product or facility prior to damage or destruction, and the production, research, testing, replacement and product development costs directly related to the product or facility damaged or destroyed as part of the value.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined.