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2015 SESSION

15104340D
SENATE BILL NO. 1297
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 28, 2015)
(Patron Prior to Substitute--Senator McEachin)
A BILL to amend and reenact 18.2-60.3 and 18.2-308.1:4 of the Code of Virginia, relating to stalking; penalty.

Be it enacted by the General Assembly of Virginia:

1. That 18.2-60.3 and 18.2-308.1:4 of the Code of Virginia are amended and reenacted as follows:

18.2-60.3. Stalking; penalty.

A. Any person, except a law-enforcement officer, as defined in 9.1-101, and acting in the performance of his official duties, and a registered private investigator, as defined in 9.1-138, who is regulated in accordance with 9.1-139 and acting in the course of his legitimate business, who on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonably should know that the conduct places, that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person's family or household member is guilty of a Class 1 misdemeanor.

B. Any person, except a law-enforcement officer as defined in 9.1-101 acting in the performance of his official duties, and a registered private investigator as defined in 9.1-138 who is regulated in accordance with 9.1-139 and acting in the course of his legitimate business, who on more than one occasion maliciously engages in conduct directed at another person that would cause a reasonable person to suffer severe emotional distress with the intent to coerce, intimidate, or harass, or when he knows or reasonably should know that the conduct coerces, intimidates, or harasses, that other person is guilty of a Class 1 misdemeanor.

C. Any person who is convicted of a second offense of subsection A occurring within five years of a prior conviction of such an offense when the person was also convicted within the five-year period prior to the instant offense of a violation of (i) 18.2-51, 18.2-51.2, 18.2-51.6, 18.2-52, or 18.2-57 and the victim of that crime was the same person who is the victim of the stalking activity in the instant conviction, (ii) 18.2-57.2, or (iii) a protective order, is guilty of a Class 6 felony.

C. D. Any person convicted of a third or subsequent conviction of subsection A occurring within five years of a conviction for an offense under this section or for a similar offense under the law of any other jurisdiction is guilty of a Class 6 felony.

D. E. A person may be convicted under this section irrespective of the jurisdiction or jurisdictions within the Commonwealth wherein the conduct described in subsection A or B occurred, if the person engaged in that conduct on at least one occasion in the jurisdiction where the person is tried. Evidence of any such conduct that occurred outside the Commonwealth may be admissible, if relevant, in any prosecution under this section provided that the prosecution is based upon conduct occurring within the Commonwealth.

E. F. Upon finding a person guilty under this section, the court shall, in addition to the sentence imposed, issue an order prohibiting contact between the defendant and the victim or the victim's family or household member.

F. G. The Department of Corrections, sheriff or regional jail director shall give notice prior to the release from a state correctional facility or a local or regional jail of any person incarcerated upon conviction of a violation of this section, to any victim of the offense who, in writing, requests notice, or to any person designated in writing by the victim. The notice shall be given at least 15 days prior to release of a person sentenced to a term of incarceration of more than 30 days or, if the person was sentenced to a term of incarceration of at least 48 hours but no more than 30 days, 24 hours prior to release. If the person escapes, notice shall be given as soon as practicable following the escape. The victim shall keep the Department of Corrections, sheriff or regional jail director informed of the current mailing address and telephone number of the person named in the writing submitted to receive notice.

All information relating to any person who receives or may receive notice under this subsection shall remain confidential and shall not be made available to the person convicted of violating this section.

For purposes of this subsection, "release" includes a release of the offender from a state correctional facility or a local or regional jail (i) upon completion of his term of incarceration or (ii) on probation or parole.

No civil liability shall attach to the Department of Corrections nor to any sheriff or regional jail director or their deputies or employees for a failure to comply with the requirements of this subsection.

G. H. For purposes of this section:

"Family or household member" has the same meaning as provided in 16.1-228.

18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.

It is unlawful for any person who is subject to (i) a protective order entered pursuant to 16.1-253.1, 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; (ii) an order issued pursuant to subsection B of 20-103; (iii) an order entered pursuant to subsection E F of 18.2-60.3; (iv) a preliminary protective order entered pursuant to subsection F of 16.1-253 where a petition alleging abuse or neglect has been filed; or (v) an order issued by a tribunal of another state, the United States or any of its territories, possessions or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), (iii), or (iv) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.