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Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-269.2, 16.1-273, and 18.2-55.1 of the Code Virginia are amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 52-8.6 as follows:
§ 16.1-269.2. Admissibility of statement; investigation and report; bail.
A. Statements made by the juvenile at the transfer hearing provided for under § 16.1-269.1 shall not be admissible against him over objection in any criminal proceedings following the transfer, except for purposes of impeachment.
B. Prior to a transfer hearing pursuant to subsection A of §
16.1-269.1, a study and report to the court, in writing, relevant to the
factors set out in subdivision A 4 of § 16.1-269.1, as well as an assessment of
any affiliation with a youth criminal street gang as defined in §
16.1-299.2 18.2-46.1, shall be made by the probation services or
other qualified agency designated by the court. Counsel for the juvenile and
the attorney for the Commonwealth shall have full access to the study and
report and any other report or data concerning the juvenile which are available
to the court. The court shall not consider the report until a finding has been
made concerning probable cause. If the court so orders, the study and report
may be expanded to include matters provided for in § 16.1-273, whereupon it may
also serve as the report required by this subsection, but on the condition that
it will not be submitted to the judge who will preside at any subsequent
hearings except as provided for by law.
C. After the completion of the hearing, whether or not the juvenile court decides to retain jurisdiction over the juvenile or transfer such juvenile for criminal proceedings in the circuit court, the juvenile court shall set bail for the juvenile in accordance with Chapter 9 (§ 19.2-119 et seq.) of Title 19.2, if bail has not already been set.
§ 16.1-273. Court may require investigation of social history and preparation of victim impact statement.
A. When a juvenile and domestic relations district court or
circuit court has adjudicated any case involving a child subject to the
jurisdiction of the court hereunder, except for a traffic violation, a
violation of the game and fish law or a violation of any city ordinance
regulating surfing or establishing curfew violations, the court before final
disposition thereof may require an investigation, which (i) shall include a
drug screening and (ii) may include the physical, mental and social conditions,
including an assessment of any affiliation with a youth criminal
street gang as defined in § 16.1-299.2 18.2-46.1, and
personality of the child and the facts and circumstances surrounding the
violation of law. However, in the case of a juvenile adjudicated delinquent on
the basis of an act committed on or after January 1, 2000, which would be a
felony if committed by an adult, or a violation under Article 1 (§ 18.2-247 et
seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and such
offense would be punishable as a Class 1 or Class 2 misdemeanor if committed by
an adult, the court shall order the juvenile to undergo a drug screening. If
the drug screening indicates that the juvenile has a substance abuse or
dependence problem, an assessment shall be completed by a certified substance
abuse counselor as defined in § 54.1-3500 employed by the Department of
Juvenile Justice or by a locally operated court services unit or by an
individual employed by or currently under contract to such agencies and who is
specifically trained to conduct such assessments under the supervision of such
counselor.
B. The court also shall, on motion of the attorney for the Commonwealth with the consent of the victim, or may in its discretion, require the preparation of a victim impact statement in accordance with the provisions of § 19.2-299.1 if the court determines that the victim may have suffered significant physical, psychological or economic injury as a result of the violation of law.
§ 18.2-55.1. Hazing of youth gang members unlawful; criminal liability.
It shall be unlawful to cause bodily injury by hazing (i) any
member of a youth gang as defined in § 16.1-299.2 or a criminal street
gang as defined in § 18.2-46.1, or (ii) a person seeking to become a member of
a youth gang or criminal street gang. Any person found guilty of hazing is
guilty of a Class 1 misdemeanor.
For the purposes of this section, "hazing" means to recklessly or intentionally endanger the health or safety of a person or to inflict bodily injury on a person in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a youth gang or criminal street gang regardless of whether the person so endangered or injured participated voluntarily in the relevant activity.
§ 52-8.6. Criminal street gang reporting.
When it is determined, by a state or local law-enforcement agency, regional jail, the Department of Corrections, or a regional multijurisdictional law-enforcement task force, that a person is a member of a criminal street gang, as defined in § 18.2-46.1 by means of (i) an admission of membership in a gang; (ii) an observation by a law-enforcement officer that a person frequents a known gang area, associates with known gang members and demonstrates gang style of dress, tattoos, hand signals, or symbols; or (iii) being arrested on more than one occasion with known gang members for offenses consistent with gang activities, the agency shall enter the person's name and other appropriate gang-related information required by the Department of State Police into the information system known as the Organized Criminal Gang File of the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of this title, and the Violent Criminal Gang File of the National Crime Information Center (NCIC), maintained by the Federal Bureau of Investigation. The entry shall be made as soon as practicable after determining that a person is a member of an organized criminal gang. All records contained in these information systems shall be entered, retained, and validated in accordance with established VCIN and NCIC policies.
2. That § 16.1-299.2 of the Code of Virginia is repealed.