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2010 SESSION

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10100682D
HOUSE BILL NO. 1146 Offered January 13, 2010 Prefiled January 13, 2010 A BILL to amend and reenact § 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.2:02, relating to possession of firearms by certain individuals who have had parental rights terminated; penalty. ---------- Patron-- Scott, J.M. ---------- Referred to Committee on Militia, Police and Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-386.28 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-308.2:02 as follows:

§ 18.2-308.2:02. Possession of firearms by certain persons who have had their parental rights terminated; penalty.

It shall be unlawful for any person who has had his parental rights terminated pursuant to § 16.1-283, based upon a finding that he has subjected any child to aggravated circumstances, to purchase, possess, or transport any firearm. A violation of this section shall be a Class 1 misdemeanor.

For purposes of this section, "aggravated circumstances" means torture, chronic or severe abuse, or chronic or severe sexual abuse, if the victim of such conduct was a child of the parent or a child with whom the parent resided at the time such conduct occurred, including the failure to protect such a child from such conduct, which conduct or failure to protect: (i) evinces a wanton or depraved indifference to human life or (ii) has resulted in the death of such a child or in serious bodily injury to such a child.

§ 19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law.

Any firearm, stun weapon as defined by § 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of §§ 18.2-283.1, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:02, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or § 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in § 19.2-386.29.