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2018 SESSION

18103064D
HOUSE BILL NO. 693
Offered January 10, 2018
Prefiled January 9, 2018
A BILL to amend the Code of Virginia by adding a section numbered 18.2-323.2, relating to throwing certain substances upon property used for agricultural operations; penalty.
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Patron-- Poindexter
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-323.2 as follows:

18.2-323.2. Throwing or depositing certain substances upon property used for agricultural operations; penalty.

Any person who throws, deposits, or causes to be deposited any glass bottle, glass, nail, tack, wire, or can or any other substance upon any real property being used for an agricultural operation as defined in 3.2-300 and such item or other substance causes damage to any machinery or motor vehicle being used in the agricultural operation on such property where the cost to repair or remedy the damage is $200 or more is guilty of a Class 6 felony. The court shall order any person convicted of an offense under this section to make restitution in accordance with 19.2-305.1 for the damage caused.

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 836 of the Acts of Assembly of 2017 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 cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.