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2012 SESSION

12101173D
HOUSE BILL NO. 826
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend and reenact § 18.2-362 of the Code of Virginia, relating to bigamy; penalty.
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Patron-- Marshall, R.G.
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-362 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-362. Person marrying when husband or wife is living; penalty; venue.

If any person, being married, shall, during the life of the husband or wife, (i) marry or purport to marry another person in this the Commonwealth, or, if the marriage or purported marriage with such other person take takes place out of the Commonwealth, shall thereafter cohabit with such other person in this the Commonwealth, or (ii) cohabit with another person in the Commonwealth under the appearance of being married, he or she shall be guilty of a Class 4 felony. Venue for a violation of this section may be in the county or city where the subsequent marriage or purported marriage occurred or where the parties to the subsequent marriage cohabited.

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.