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2011 SESSION
11100759DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-46.1 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-46.1. Definitions.
As used in this article unless the context requires otherwise or it is otherwise provided:
"Act of violence" means those felony offenses described in subsection A of § 19.2-297.1.
"Criminal street gang" means any ongoing
organization, association, or group of three or more persons, whether formal or
informal, (i) which has as one of its primary objectives or activities the
commission of one or more criminal activities; (ii) which has an identifiable
name or identifying sign or symbol; and (iii) whose members individually or
collectively have engaged in the commission of, attempt to commit, conspiracy
to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence,
provided such acts were not part of a common act or transaction.
"Predicate criminal act" means (i) an act of violence; (ii) any violation of § 18.2-42, 18.2-46.3, 18.2-51, 18.2-51.1, 18.2-52, 18.2-53, 18.2-53.1, 18.2-55, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-83, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, subsection H, H1 or H2 of § 18.2-248, § 18.2-248.01, 18.2-255, 18.2-255.2, 18.2-282.1, 18.2-286.1, 18.2-287.4, 18.2-308.1, or 18.2-356; (iii) a second or subsequent felony violation of subsection C of § 18.2-248 or of § 18.2-248.1; (iv) any violation of a local ordinance adopted pursuant to § 15.2-1812.2; or (v) any substantially similar offense under the laws of another state or territory of the United States, the District of Columbia, or the United States.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 874 of the Acts of Assembly of 2010 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.