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2017 SESSION
17101791DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-370.2, 18.2-370.3, and 18.2-370.4 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-370.2. Sex offenses prohibiting proximity to children; penalty.
A. "Offense prohibiting proximity to children" means
a violation or an attempt to commit a violation of (i) subsection A of §
18.2-47, clause (ii) or (iii) of § 18.2-48, subsection B of § 18.2-361, or
subsection B of § 18.2-366, where the victim of one of the foregoing offenses
was a minor, or (ii) subsection A (iii) of § 18.2-61, §§ 18.2-63, 18.2-64.1,
subdivision A 1 of § 18.2-67.1, subdivision A 1 of § 18.2-67.2, or subdivision
A 1 or A 4 (a) of § 18.2-67.3, or §§ 18.2-370, 18.2-370.1, clause (ii) of §
18.2-371, §§ 18.2-374.1, 18.2-374.1:1 or § 18.2-379. As of July 1, 2006,
"offense prohibiting proximity to children"
shall include includes
a violation of § 18.2-472.1, when the offense requiring registration was one of
the foregoing offenses. "Offense
prohibiting proximity to children" includes any
similar offense under the laws of any foreign country or any political
subdivision thereof, any Native American
tribe or band that is
recognized by federal law, or the
United States or any political subdivision thereof.
B. Every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2000, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a primary, secondary or high school. In addition, every adult who is convicted of an offense prohibiting proximity to children when the offense occurred on or after July 1, 2006, shall as part of his sentence be forever prohibited from loitering within 100 feet of the premises of any place he knows or has reason to know is a child day program as defined in § 63.2-100.
C. Every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2008, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children that are not in his custody, within 100 feet of the premises of any place owned or operated by a locality that he knows or should know is a playground, athletic field or facility, or gymnasium.
A violation of this section is punishable as a Class 6 felony.
§ 18.2-370.3. Sex offenses prohibiting residing in proximity to children; penalty.
A. Every adult who is convicted of an offense occurring on or
after July 1, 2006, where the offender is more than three years older than the
victim, of one of the following qualifying offenses: (i) clause (iii) of
subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of §
18.2-67.2, or (iv) any similar offense under the laws of any
foreign country or any political subdivision thereof, any Native American tribe
or band that is recognized by
federal law, or the United States or any political subdivision thereof,
shall be forever prohibited from residing within 500 feet of the premises of
any place he knows or has reason to know is a child day center as defined in §
63.2-100, or a primary, secondary, or high school. A violation of this section
is a Class 6 felony. The provisions of this section shall only apply if the
qualifying offense was done in the commission of, or as a part of the same
course of conduct as, or as part of a common scheme or plan as a violation of (i) (a)
subsection A of § 18.2-47 or § 18.2-48, (ii) (b) § 18.2-89, 18.2-90, or
18.2-91, or (iii) (c)
§ 18.2-51.2, or (d) any similar
offense under the laws of any foreign country or any political subdivision
thereof, any Native American tribe or band that is
recognized by federal law, or the United States or any political subdivision
thereof..
B. An adult who is convicted of an offense as specified in subsection A of this section and has established a lawful residence shall not be in violation of this section if a child day center or a primary, secondary, or high school is established within 500 feet of his residence subsequent to his conviction.
C. Every adult who is convicted of an offense occurring on or
after July 1, 2008, where the offender is more than three years older than the
victim, of one of the following qualifying offenses: (i) clause (iii) of
subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of §
18.2-67.2, or (iv) any similar offense
under the laws of any foreign country or any political subdivision thereof, any
Native American tribe or band that is
recognized by federal law, or the United States or any political subdivision
thereof, shall be forever prohibited
from residing within 500 feet of the boundary line of any place he knows is a
public park when such park (i) (a) is owned and operated by a
county, city or town, (ii) (b) shares a boundary line
with a primary, secondary, or high school and
(iii) (c)
is regularly used for school activities. A violation of this section is a Class
6 felony. The provisions of this section shall only apply if the qualifying
offense was done in the commission of, or as a part of the same course of
conduct as, or as part of a common scheme or plan as a violation of (i) (1)
subsection A of § 18.2-47 or § 18.2-48,
(ii); (2)
§ 18.2-89, 18.2-90, or 18.2-91, or
(iii); (3)
§ 18.2-51.2; or (4) any similar
offense under the laws of any foreign country or any political subdivision
thereof, any Native American tribe or band that is
recognized by federal law, or the United States or any political subdivision
thereof.
D. An adult who is convicted of an offense as specified in subsection C and has established a lawful residence shall not be in violation of this section if a public park that (i) is owned and operated by a county, city or town, (ii) shares a boundary line with a primary, secondary, or high school, and (iii) is regularly used for school activities, is established within 500 feet of his residence subsequent to his conviction.
§ 18.2-370.4. Sex offenses prohibiting working on school property; penalty.
A. Every adult who has been convicted of an offense occurring
on or after July 1, 2006, where the offender is more than three years older
than the victim, of one of the following qualifying offenses: (i) clause (iii)
of subsection A of § 18.2-61, (ii) subdivision A 1 of § 18.2-67.1, or (iii) subdivision A 1 of §
18.2-67.2, or (iv) any similar offense under the laws of any
foreign country or any political subdivision thereof, any Native American tribe
or band that is recognized by
federal law, or the United States or any political subdivision thereof,
shall be forever prohibited from working or engaging in any volunteer activity
on property he knows or has reason to know is public or private elementary or
secondary school or child day center property. A violation of this section is
punishable as a Class 6 felony. The provisions of this section shall only apply
if the qualifying offense was done in the commission of, or as a part of the
same course of conduct of, or as part of a common scheme or plan as a violation
of (i) (a)
subsection A of § 18.2-47 or 18.2-48,
(ii); (b)
§ 18.2-89, 18.2-90, or 18.2-91, or
(iii); (c)
§ 18.2-51.2; or (d) any similar
offense under the laws of any foreign country or any political subdivision
thereof, any Native American tribe or band that is
recognized by federal law, or the United States or any political subdivision
thereof.
B. An employer of a person who violates this section, or any person who procures volunteer activity by a person who violates this section, and the school or child day center where the violation of this section occurred, are immune from civil liability unless they had actual knowledge that such person had been convicted of an offense listed in subsection A.
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 780 of the Acts of Assembly of 2016 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.