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2013 SESSION

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13101621D
HOUSE BILL NO. 1634 Offered January 9, 2013 Prefiled January 7, 2013 A BILL to amend and reenact § 18.2-174 of the Code of Virginia, relating to impersonation of law-enforcement officer while committing additional act; penalty. ---------- Patron-- Cosgrove (By Request) ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-174 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-174. Impersonating officer.

A. Any person who shall falsely assume or exercise falsely assumes or exercises the functions, powers, duties, and privileges incident to the office of sheriff, police officer, marshal, or other peace officer, or who shall falsely assume or pretend assumes or pretends to be any such officer, shall be deemed is guilty of a Class 1 misdemeanor.

B. Any person who commits a violation of subsection A (i) while committing or attempting to commit a violation of § 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, or 18.2-67.4 or (ii) while circumventing or bypassing, or attempting to circumvent or bypass, any security measures of any business, commercial building, or residence 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 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.