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2011 SESSION
11101109DBe 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 or other 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, (i) 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 ;
(ii) on any school bus as defined in § 46.2-100; (iii) upon a designated school
bus stop during the time when school children are waiting to be picked up and
transported to or are being dropped off from school or a school-sponsored
activity; or (iv) upon any property, public or private, during hours when such
property is solely being used by a public or private elementary or secondary
school for a school-related or school-sponsored activity.
B. A person
convicted of a sexually violent offense
may enter premises described in subsection A if (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 pursuant
to subsection C allowing him to enter and be present upon
such property, has obtained the permission of the school board or of the owner
of the private school or child day center or their designee for entry within
all or part of the scope of the lifted ban, and is in compliance with such
school board's, school's or center's terms and conditions and those of the
court order. A violation of this section is punishable as a Class 6 felony.
BC. 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 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,
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.
D. A violation of this section is punishable as 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; therefore, Chapter 874 of the Acts of Assembly of 2010 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.