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2013 SESSION
12103750DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-67.5:1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.
When a person is Any person convicted of sexual battery
in violation of § 18.2-67.4, attempted sexual battery in violation of
subsection C of § 18.2-67.5, a violation of § 18.2-371 involving consensual
intercourse with a child, indecent exposure of himself or procuring another to
expose himself in violation of § 18.2-387, or a violation of § 18.2-130, and when
it is alleged in the warrant, information, or indictment on which the
person is convicted and found by the court or jury trying the case that the
person has previously been convicted within the ten-year 10-year
period immediately preceding the offense charged of (i) two
or more of the offenses specified in this section, (ii)
two or more substantially similar offenses under the laws of
another state or territory of the United States, the District of Columbia, or
the United States, or (iii)
any combination of two such offenses, each such offense
occurring on a different date, he shall be 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 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.