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1995 SESSION

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LD3607200
HOUSE BILL NO. 1794 Offered January 19, 1995 A BILL to amend and reenact § 18.2-67.5:1 of the Code of Virginia, relating to conviction of third misdemeanor offense; penalty. ---------- Patrons--DeBoer and Woodrum ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-67.5:1 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-67.5:1. Punishment upon conviction of third misdemeanor offense.

When a person is convicted of sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of subsection C of § 18.2-67.5, a violation of § 18.2-371 involving consensual intercourse with a child, or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, or a violation of a parallel local ordinance, and it is alleged in the warrant, information or indictment on which the person is convicted and found by the court or jury trying the case, that the person has previously been convicted within the ten-year period immediately preceding the offense charged of two or more of the offenses specified in this section, each such offense occurring on a different date, he shall be guilty of a Class 6 felony.

2. That an emergency exists and this act is in force from its passage.

3. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0.