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2013 SESSION
13103020DBe 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 that 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 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 (iiiv) 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 3 of the Acts of Assembly of 2012, Special Session I, 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.