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2017 SESSION

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16105286D
HOUSE BILL NO. 1317 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 12, 2016) (Patron Prior to Substitute--Delegate Cline) A BILL to amend and reenact § 18.2-67.3 of the Code of Virginia, relating to sexual abuse of certain children; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-67.3 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness, and:

1. The complaining witness is less than 13 years of age, or;

2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or;

3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age, or;

4. The act is accomplished against the will of the complaining witness by force, threat, or intimidation, and:

a. The complaining witness is at least 13 but less than 15 years of age, or;

b. The accused causes serious bodily or mental injury to the complaining witness, or;

c. The accused uses or threatens to use a dangerous weapon; or

5. The accused is an adult and the act is accomplished against the will of the complaining witness by ruse and the complaining witness is at least 13 but less than 15 years of age.

B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

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 665 of the Acts of Assembly of 2015 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 is $0 for periods of commitment to the custody of the Department of Juvenile Justice.