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2016 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-60.3 of the Code of Virginia is 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 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, under this section or for a
substantially similar offense under the law of any other jurisdiction
is guilty of a Class 6 felony.
C. 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. A person may be convicted under this section
irrespective of the jurisdiction or jurisdictions within the Commonwealth
wherein the conduct described in subsection A 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. D. 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. E. 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. F. For purposes of this section:
"Family or household member" has the same meaning as provided in § 16.1-228.
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 is $81,914 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.