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1997 SESSION

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978037388
HOUSE BILL NO. 1736 Offered January 8, 1997 A BILL to amend the Code of Virginia by adding a section numbered 18.2-322.2, relating to sale of electronic beepers; penalty. ---------- Patron-- Orrock ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-322.2 as follows:

§ 18.2-322.2. Sale, etc., of electronic beepers; warnings required.

A. No person shall sell, offer for sale, or deliver (i) any beeper or similar portable communications device or (ii) any service contract to operate a beeper or similar portable communications device unless the transaction is accompanied by a written statement that has printed on it stating substantially:

WARNING: POSSESSION OF A BEEPER UPON THE GROUNDS OF ANY PUBLIC OR PRIVATE ELEMENTARY, MIDDLE OR SECONDARY SCHOOL IN THE COMMONWEALTH OF VIRGINIA IS A CRIMINAL OFFENSE THAT MAY RESULT IN A FINE AND IMPRISONMENT UPON CONVICTION. ANY BEEPER SEIZED AS A RESULT OF VIOLATING THIS LAW IS SUBJECT TO FORFEITURE.

B. Such warning statement shall be printed in legibly in at least thirty-six-point type.

C. Violators of this section shall be guilty of a Class 3 misdemeanor.

D. The lack of a statement required in this section does not constitute a defense in any criminal prosecution under § 18.2-322.1.