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1997 SESSION

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973048351
HOUSE BILL NO. 1768 Offered January 8, 1997 A BILL to amend and reenact § 18.2-51 of the Code of Virginia, relating to malicious wounding on school property; penalty. ---------- Patrons-- McEachin, Hall, Jones, D.C. and Watts ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-51 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-51. Shooting, stabbing, etc., with intent to maim, kill, etc.

A. If any person maliciously shoot, stab, cut, or wound shoots, stabs, cuts or wounds any person or by any other means cause causes him bodily injury, with the intent to maim, disfigure, disable, or kill, he shall, except where it is otherwise provided, be guilty of a Class 3 felony.

If such act is accomplished with a firearm and while either person is upon (i) the property of any public, private or parochial elementary, middle or high school, including buildings and grounds, (ii) that portion of any property open to the public used for school-sponsored functions or extracurricular activities while such functions or activities are taking place, or (iii) any school bus owned or operated by any such school, the offender shall be guilty of a Class 2 felony.

B. If such act be done any person shoots, stabs, cuts, or wounds any person or by any other means causes him bodily injury, unlawfully but not maliciously, with the intent aforesaid to maim, disfigure, disable, or kill, the offender he shall be guilty of a Class 6 felony.

If such act is accomplished with a firearm and while either person is upon (i) the property of any public, private or parochial elementary, middle or high school, including buildings and grounds, (ii) that portion of any property open to the public used for school-sponsored functions or extracurricular activities while such functions or activities are taking place, or (iii) any school bus owned or operated by any such school, the offender shall be guilty of a Class 5 felony.

2. 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.