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2012 SESSION
12104598DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-248.02 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-248.02. Allowing a child to be present during manufacture or attempted manufacture of methamphetamine prohibited; penalties.
Any person 18 years of age or older who maintains a
custodial relationship over a child under the age of 18, including but not
limited to a parent, step-parent, grandparent, step-grandparent, or who stands
in loco parentis with respect to such child, and who knowingly allows
that child a person he knows or has reason to know is under the age of
18 to be present in the same dwelling, apartment as defined by § 55-79.2,
unit of a hotel as defined in § 35.1-1, garage, shed, or vehicle (i) during
the manufacture or attempted manufacture of methamphetamine as prohibited by
subsection C1 of § 18.2-248 or (ii) where there are present, with the intent
to manufacture methamphetamine, at least two of the components of
methamphetamine manufacture, as set forth in subsection J of § 18.2-248, is
guilty of a felony punishable by imprisonment for not less than 10 nor more
than 40 years. This penalty shall be in addition to and served consecutively
with any other sentence.
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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.