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2013 SESSION

13102168D
HOUSE BILL NO. 1783
Offered January 9, 2013
Prefiled January 8, 2013
A BILL to amend and reenact 58.1-1017.1 of the Code of Virginia, relating to possession with intent to distribute tax-paid, contraband cigarettes; penalties.
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Patrons-- Gilbert, Howell, W.J., Hodges and Ramadan
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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 58.1-1017.1 of the Code of Virginia is amended and reenacted as follows:

58.1-1017.1. Possession with intent to distribute tax-paid, contraband cigarettes; penalty.

Any person other than an authorized holder who possesses, with intent to distribute, more than 5,000 (25 cartons) but fewer than 100,000 (500 cartons) tax-paid cigarettes is guilty of a Class 2 1 misdemeanor for a first offense and is guilty of a Class 1 misdemeanor 6 felony for any second or subsequent offense. Any person other than an authorized holder who possesses, with intent to distribute, 100,000 (500 cartons) or more tax-paid cigarettes is guilty of a Class 6 felony for a first offense and is guilty of a Class 5 felony for a second or subsequent offense. Additionally, any person who violates the provisions of this section shall be assessed a civil penalty of (i) $2.50 per pack, but no more than $5,000, for a first offense; (ii) $5 per pack, but no more than $10,000, for a second such offense committed within a 36-month period; and (iii) $10 per pack, but no more than $50,000, for a third or subsequent such offense committed within a 36-month period. The civil penalties shall be assessed and collected by the Department as other taxes are collected.

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.