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2004 SESSION
040190104Be it enacted by the General Assembly of Virginia:
1. That § 18.2-46.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-46.1. Definitions.
As used in this article unless the context requires otherwise or it is otherwise provided:
"Act of violence" means those felony offenses described in subsection A of §
19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of
three or more persons, whether formal or informal, (i) which has as one of its
primary objectives or activities the commission of one or more predicate
criminal actsactivities, (ii) which has an identifiable name or
identifying sign or symbol, and (iii) whose members individually or collectively
engage in or have engaged in a pattern of criminal gang activity the
commission of, attempt to commit, conspiracy to commit, or solicitation of two
or more predicate criminal acts, provided such acts were not part of a common
act, transaction, or scheme.
"Pattern of criminal gang activity" means commission of, attempt to commit,
conspiracy to commit, or solicitation of two or more predicate criminal acts, at
least one of which is an act of violence, provided such predicate criminal acts (i)
were not part of a common act, transaction or scheme or (ii) were committed by
two or more persons who are members of, or belong to, the same criminal street
gang.
"Predicate criminal act" means an act of violence any felony, any violation of
§§ 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-55, 18.2-42, 18.2-56,
18.2-56.1, 18.2-56.2, 18.2-57, 18.2-57.2, 18.2-60, 18.2-60.3, 18.2-67.4,
18.2-67.5, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, or §
18.2-147, 18.2-255.2, 18.2-280, 18.2-282, 18.2-287.4, 18.2-308, 18.2-308.1,
18.2-405, 18.2-406, or § 18.2-415, or any violation of a local ordinance
adopted pursuant to § 18.2-138.1.
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 is $1,252,379 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.