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2011 SESSION
Be 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; or (iii) 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. The provisions of clauses (i) and (iii) of subsection A
shall not apply to such adult 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.
B C. 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.