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1999 SESSION

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992763142
HOUSE BILL NO. 2697 Offered January 21, 1999 A BILL to amend and reenact § 15.2-926 of the Code of Virginia, relating to truancy ordinances. ----------
Patrons-- Byron, Bryant, Clement, Cox, Davis, Devolites, Drake, Dudley, Guest, Harris, Jones, S.C., Landes, Putney, Reid, Sherwood, Weatherholtz and Wilkins; Senator: Hawkins
---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.2-926 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-926. Prohibiting loitering; curfew for minors; penalty.

Any locality may by ordinance prohibit loitering in, upon or around any public place, whether on public or private property. Any locality may by ordinance also (i) prohibit minors who are not attended by their parents from frequenting or being in public places, whether on public or private property, at such times, between 10:00 p.m. and 6:00 a.m., as the governing body deems proper, and (ii) require any minor student who has been suspended, expelled, or otherwise excluded from public school attendance for disciplinary reasons and who is not enrolled in an alternative education program pursuant to § 22.1-277.1 to remain at home, at a child-care facility, or with a child-care provider who has been approved by the student’s parent, as defined in § 22.1-1, during regular school hours. Any law-enforcement officer or other individual authorized to enforce the provisions of an ordinance regarding such disciplined students shall not be liable for any civil damages for any acts or omissions resulting from enforcing such ordinance when such acts or omissions are within the scope of the employment of such law-enforcement officer or individual and are taken in good faith, unless such acts or omissions were the result of gross negligence or willful misconduct. This section shall not be construed to limit, withdraw or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law.

A violation of such ordinanceordinances by a minor shall be disposed of as provided in § 16.1-278.4.