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2014 SESSION

14101057D
HOUSE BILL NO. 48
Offered January 8, 2014
Prefiled December 3, 2013
A BILL to amend and reenact 19.2-386.28 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.1:6, relating to possession of firearms following certain criminal convictions; penalty.
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Patron-- Simon
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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 19.2-386.28 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-308.1:6 as follows:

18.2-308.1:6. Possession of firearms following certain criminal convictions; penalty.

A. Any person who knowingly and intentionally possesses or transports any firearm, or who knowingly and intentionally possesses, transports, or carries about his person any weapon described in subsection A of 18.2-308, within a five-year period following his conviction for (i) stalking in violation of 18.2-60.3, (ii) sexual battery in violation of 18.2-67.4, (iii) assault and battery of a family or household member in violation of 18.2-57.2 that results in serious bodily injury, or (iv) any offense substantially similar to clause (i), (ii), or (iii) in the laws of any other state or of the United States is guilty of a Class 6 felony.

B. The provisions of subsection C of 18.2-308.2 regarding petitioning a circuit court for a permit to possess, transport, or carry a firearm shall apply, mutatis mutandis, to a person subject to the prohibitions of this section.

19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported or carried in violation of law.

Any firearm, stun weapon as defined by 18.2-308.1, or any weapon concealed, possessed, transported or carried in violation of 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.1:6, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in 19.2-386.29.

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 806 of the Acts of Assembly of 2013 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.