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2010 SESSION
10101050DBe it enacted by the General Assembly of Virginia:
1. That § 63.2-1719 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1719. Definitions.
As used in this subtitle:
"Barrier crime" means a conviction of murder or
manslaughter as set out in Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title
18.2, malicious wounding by mob as set out in § 18.2-41, abduction as set out
in subsection A of § 18.2-47, abduction for immoral purposes as set out in §
18.2-48, felony assaults and bodily
woundings as set out in Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title
18.2, robbery as set out in § 18.2-58, carjacking as set out in § 18.2-58.1,
threats of death or bodily injury as set out in § 18.2-60, felony stalking as
set out in § 18.2-60.3, sexual assault as set out in Article 7 (§ 18.2-61 et
seq.) of Chapter 4 of Title 18.2, arson as set out in Article 1 (§ 18.2-77 et
seq.) of Chapter 5 of Title 18.2, drive by shooting as set out in § 18.2-286.1,
use of a machine gun in a crime of violence as set out in § 18.2-289,
aggressive use of a machine gun as set out in § 18.2-290, use of a sawed-off
shotgun in a crime of violence as set out in subsection A of § 18.2-300,
pandering as set out in § 18.2-355, crimes against nature involving children as
set out in § 18.2-361, incest as set out in § 18.2-366, taking indecent
liberties with children as set out in § 18.2-370 or §
18.2-370.1, abuse and neglect of children as set out in §
18.2-371.1, failure to secure medical attention for an injured child as set out
in § 18.2-314, obscenity offenses as set out in § 18.2-374.1, possession of
child pornography as set out in § 18.2-374.1:1, electronic facilitation of
pornography as set out in § 18.2-374.3, abuse and neglect of incapacitated
adults as set out in § 18.2-369, employing or permitting a minor to assist in
an act constituting an offense under Article 5 (§ 18.2-372 et seq.) of Chapter
8 of Title 18.2 as set out in § 18.2-379, delivery of drugs to prisoners as set
out in § 18.2-474.1, escape from jail as set out in § 18.2-477, felonies by
prisoners as set out in § 53.1-203; or an equivalent offense in another state.
In the case of child welfare agencies and foster and adoptive homes approved by
child-placing agencies, "barrier crime" shall also include convictions
of burglary as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title
18.2 and any felony violation relating to possession or distribution of drugs
as set out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an
equivalent offense in another state.
"Offense" means a barrier crime and, in the case of child welfare agencies and foster and adoptive homes approved by child-placing agencies, (i) a conviction of any other felony not included in the definition of barrier crime unless five years have elapsed since conviction and (ii) a founded complaint of child abuse or neglect within or outside the Commonwealth. In the case of child welfare agencies and foster and adoptive homes approved by child-placing agencies, convictions shall include prior adult convictions and juvenile convictions or adjudications of delinquency based on a crime that would be a felony if committed by an adult within or outside the Commonwealth.