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2005 SESSION

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055589792
SENATE BILL NO. 940 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 18, 2005) (Patron Prior to Substitute--Senator Puckett) A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 9 of Title 18.2 a section numbered 18.2-431.1, relating to illegal conveyance or possession of cellular telephone by prisoner; penalty.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Article 6 of Chapter 9 of Title 18.2 a section numbered 18.2-431.1 as follows:

§ 18.2-431.1. Illegal conveyance or possession of cellular telephone by prisoner; penalty.

A. It shall be unlawful for any person without authorization to provide or cause to be provided a cellular telephone to a prisoner incarcerated in a state correctional facility.

B. It shall be unlawful for a prisoner incarcerated in a state correctional facility without authorization to possess a cellular telephone during the period of his incarceration.

C. A violation of this section is a Class 1 misdemeanor.