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2005 SESSION

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CHAPTER 171 An Act to amend the Code of Virginia by adding in Article 6 of Chapter 9 of Title 18.2 a section numbered 18.2-431.1, relating to illegal conveyance or possession of cellular telephone by prisoner; penalty. [H 2213] Approved March 20, 2005  

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 6 of Chapter 9 of Title 18.2 a section numbered 18.2-431.1 as follows:

§ 18.2-431.1. Illegal conveyance or possession of cellular telephone by prisoner; penalty.

A. It shall be unlawful for any person without authorization to provide or cause to be provided a cellular telephone to an incarcerated prisoner.

B. It shall be unlawful for an incarcerated prisoner without authorization to possess a cellular telephone during the period of his incarceration.

C. Any violation of this section shall be a Class 6 felony.

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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.