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2015 SESSION
15104340DBe 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.