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ACROSS SESSIONS
- Subject Index: Since 1995
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2023 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-513 and 18.2-514 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-513. Definitions.
As used in this chapter:
"Criminal street gang" means the same as that term is defined in § 18.2-46.1.
"Enterprise" includes any of the following: sole proprietorship, partnership, corporation, business trust, criminal street gang, or other group of three or more individuals associated for the purpose of criminal activity.
"Proceeds" means the same as that term is defined in § 18.2-246.2.
"Racketeering activity" means to commit, attempt to
commit, or conspire to commit or to solicit, coerce, or intimidate another
person to commit two or more of the following offenses: Article 2.1 (§
18.2-46.1 et seq.) of Chapter 4, § 18.2-460; a felony offense of § 3.2-4212,
3.2-4219, 10.1-1455, 18.2-31, 18.2-32, 18.2-32.1, 18.2-33, or 18.2-35, Article
2.2 (§ 18.2-46.4 et seq.) of Chapter 4, § 18.2-47, 18.2-48, 18.2-48.1, 18.2-49,
18.2-51, 18.2-51.2, 18.2-52, 18.2-53, 18.2-55, 18.2-58, 18.2-59, 18.2-77,
18.2-79, 18.2-80, 18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or
18.2-95, or 18.2-96, Article 4 (§ 18.2-111 et seq.) of Chapter 5,
Article 1 (§ 18.2-168 et seq.) of Chapter 6, § 18.2-178 or 18.2-186, Article 6
(§ 18.2-191 et seq.) of Chapter 6, Article 9 (§ 18.2-246.1 et seq.) of Chapter
6, § 18.2-246.13, Article 1 (§ 18.2-247 et seq.) of Chapter 7, § 18.2-279,
18.2-286.1, 18.2-289, 18.2-300, 18.2-308.2, 18.2-308.2:1, 18.2-328, 18.2-346,
18.2-346.01, 18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357,
18.2-357.1, 18.2-368, 18.2-369, or 18.2-374.1, Article 8 (§ 18.2-433.1 et seq.)
of Chapter 9, Article 1 (§ 18.2-434 et seq.) of Chapter 10, Article 2 (§
18.2-438 et seq.) of Chapter 10, Article 3 (§ 18.2-446 et seq.) of Chapter 10,
Article 1.1 (§ 18.2-498.1 et seq.) of Chapter 12, § 3.2-6571, 18.2-516,
32.1-314, 58.1-1008.2, 58.1-1017, or 58.1-1017.1; or any substantially similar
offenses under the laws of any other state, the District of Columbia, or the
United States or its territories.
§ 18.2-514. Racketeering offenses.
A. It shall be unlawful for an enterprise, or for
any person who is directed by an organizer, supervisor, or manager of an
enterprise, or any person who occupies a position of organizer, supervisor,
or manager of an enterprise, to receive or distribute any proceeds known
to have been derived directly from racketeering activity and to use or invest
an aggregate of $10,000 or more of such proceeds in the acquisition of any
title to, or any right, interest, or equity in, real property, or in the
establishment or operation of any enterprise.
B. It shall be unlawful for any enterprise, or for any person who occupies a position of organizer, supervisor, or manager of an enterprise, to directly acquire or maintain any interest in or control of any enterprise or real property through racketeering activity.
C. It shall be unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through racketeering activity.
D. It shall be unlawful for any person to conspire to violate any of the provisions of subsection A, B, or C.
E. Each violation of this section is a separate and distinct felony punishable in accordance with § 18.2-515.
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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.