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2012 SESSION

12100663D
HOUSE BILL NO. 981
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend the Code of Virginia by adding a section numbered 18.2-323.03, relating to failure to report a dead or missing child; penalty.
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Patron-- Scott, J.M.
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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 the Code of Virginia is amended by adding a section numbered 18.2-323.03 as follows:

§ 18.2-323.03. Failure to report death of child or missing child by parent, guardian, etc.; penalty.

A. Any parent, guardian, or legal custodian of a child or a person standing in loco parentis to a child who, with intent to conceal the death, fails to report or cause to be reported the death of the child not in the care of a health care provider to the local law-enforcement agency, the State Police, or an emergency health care provider within one hour of his discovery of the death is guilty of a Class 6 felony.

B. Any parent, guardian, or legal custodian of a missing child or a person standing in loco parentis to a missing child who, with intent to conceal the fact that the child is missing, fails to report or cause to be reported to the local law-enforcement agency or the State Police that the child is missing within 24 hours of his discovery of the fact is guilty of 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 cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.