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2013 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 58.1-1017.1 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-1017.1. Possession with intent to distribute tax-paid, contraband cigarettes; penalty.
Any person other than an authorized holder who possesses, with
intent to distribute, more than 5,000 (25 cartons) but fewer than 100,000
(500 cartons) tax-paid cigarettes is guilty of a Class 2 1
misdemeanor for a first offense and is guilty of a Class 1 misdemeanor
6 felony for any second or subsequent offense. Any person other than an
authorized holder who possesses, with intent to distribute, 100,000 (500
cartons) or more tax-paid cigarettes is guilty of a Class 6 felony for a first
offense and is guilty of a Class 5 felony for a second or subsequent offense. Additionally,
any person who violates the provisions of this section shall be assessed a
civil penalty of (i) $2.50 per pack, but no more than $5,000, for a first
offense; (ii) $5 per pack, but no more than $10,000, for a second such offense
committed within a 36-month period; and (iii) $10 per pack, but no more than
$50,000, for a third or subsequent such offense committed within a 36-month
period. The civil penalties shall be assessed and collected by the Department as
other taxes are collected.
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 3 of the Acts of Assembly of 2012, Special Session I, 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.