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2003 SESSION

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034843890
HOUSE BILL NO. 2235 Offered January 8, 2003 Prefiled January 8, 2003 A BILL to amend and reenact § 18.2-474.1 of the Code of Virginia, relating to delivery of weapons to prisoners; penalty. ---------- Patron-- Pollard ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-474.1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-474.1. Delivery of drugs, weapons, explosives, etc., to prisoners, penalty.

Notwithstanding the provisions of § 18.2-474, any person who shall willfully in any manner deliver, attempt to deliver, or conspire delivers, attempts to deliver, or conspires with another to deliver to any prisoner confined under authority of the Commonwealth of Virginia, or of any political subdivision thereof, any drug which is a controlled substance regulated by the Drug Control Act in Chapter 34 of Title 54.1 or marijuana, shall be is guilty of a Class 5 felony. Any person who shall willfully in any manner so deliver or attempt delivers or attempts to deliver or conspire conspires to deliver to any such prisoner, (i) firearms, (ii) ammunitions, or explosives of any nature shall be , (iii) weapons of any nature capable of causing death or injury including knives, instruments, tools, or other things not authorized by the sheriff, superintendent or prison official is guilty of a Class 3 felony.

Nothing herein contained shall be construed to repeal or amend § 18.2-473.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.