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2012 SESSION
12102419DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-46.3:3 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-46.3:3. Enhanced punishment for gang activity taking place in a gang-free zone; penalties.
Any person who violates § 18.2-46.2 (i) upon the property,
including buildings and grounds, of any public or private elementary,
secondary, or postsecondary school, or any public or private two-year or
four-year institution of higher education; (ii) upon public property or any property
open to public use within 1,000 feet of such school property; (iii) on any
school bus as defined in § 46.2-100; (iv) upon a designated
school bus stop, or upon either public property or any property open to public
use which is within 1,000 feet of such 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) (v)
upon the property, including buildings and grounds, of any publicly
owned or operated community center or
any publicly owned or operated, recreation center, park, library, or
hospital when any such facility is publicly owned or operated
is guilty of a felony punishable as specified in § 18.2-46.2, and shall be
sentenced to a mandatory minimum term of imprisonment of two years. A person
who violates subsection A of § 18.2-46.3 upon any property listed in this
section is guilty of a Class 6 felony, except that any person 18 years of age
or older who violates subsection A of § 18.2-46.3 upon any property listed in
this section, when such offense is committed against a juvenile, is guilty of a
Class 5 felony. Any person who violates subsection B of § 18.2-46.3 upon any
property listed in this section is guilty of a Class 5 felony. It is a
violation of this section if the person violated § 18.2-46.2 or 18.2-46.3 on
the property described in clauses (i) through (iii) regardless of where the
person intended to commit such violation.
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 890 of the Acts of Assembly of 2011 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 cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.