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2002 SESSION

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HB 260 Infectious biological substances.

Introduced by: Michele B. McQuigg | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

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. This bill is identical to the amendments to § 18.2-52.1 in HB 1120 and SB 514.

SUMMARY AS PASSED HOUSE:

Infectious biological substances. Adds the manufacture and transmission of infectious biological substances and use of imitation infectious biological substances to § 18.2-52.1 (possession of infectious biological substances). Expands definition of infectious biological substance to include any bacteria, viruses, fungi, protozoa or rickettsiae capable of causing death or serious bodily injury. Defines the term "imitation infectious biological substance" to mean any substance in any form whatsoever that is not an infectious biological substance, and which by overall appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a substance in any other form whatsoever will be mistaken by a reasonable person for an infectious biological substance. The bill also raises penalties for a violation of the law prohibiting possession and use of an infectious biological substance.

SUMMARY AS INTRODUCED:

Infectious biological substances. Adds the manufacture and transmission of infectious biological substances and transmission of imitation infectious biological substances to § 18.2-52.1 possession of infectious biological substances. Expands definition of infectious biological substance to include any bacteria, virus, fungi, protozoa or rickettsiae capable of causing death or serious bodily injury. Defines the term "imitation infectious biological substance" to mean any substance in any form whatsoever that is not an infectious biological substance, and which (a) by overall appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a substance in any other form whatsoever will be mistaken by a reasonable person for an infectious biological substance; or (b) by express or implied representations purports to act like an infectious biological substance. The bill also punishes possession and transmission of an imitation infectious biological substance and raises penalties for a violation of the law prohibiting possession and use of an infectious biological substance.