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2010 SESSION
10102116DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-370.5 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-370.5. Sex offenses prohibiting entry onto school property; penalty.
A. Every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and being present, during school hours and during school-related and school-sponsored activities, upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property, unless (i) he is a lawfully registered and qualified voter, and is coming upon such property solely for purposes of casting his vote; (ii) he is a student enrolled at the school; or (iii) he has obtained a court order allowing him to enter and be present upon such property, and is in compliance with terms and conditions of the order. A violation of this section is punishable as a Class 6 felony.
B. Every adult who is prohibited from entering upon school or
child day center property pursuant to subsection A may after notice to the
attorney for the Commonwealth and either (i) the proprietor of the child day
center, (ii) the superintendent of public instruction of the school division in
which the school is located, or (iii) the chief administrator of the school if
such school is not a public school, petition the juvenile and domestic
relations district court or the circuit court in the county or city where
the school or child day center is located for permission to enter such
property. For good cause shown [ , and upon consideration of any
objection made by any person who received notice of the hearing on the petition
as required herein ] , the court may issue an order permitting the
petitioner to enter and be present on such property, subject to whatever
restrictions of area, reasons for being present, or time limits the court deems
appropriate. [ Time limits encompassing the duration of the attendance of
a child or ward of the petitioner at a child day center or school may be taken
into consideration by the court. ]