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2016 SESSION
16101836DBe it enacted by the General Assembly of Virginia:
1. That § 63.2-1712 of the Code of Virginia is amended and reenacted as follows:
§ 63.2-1712. Offenses; penalties.
A. Any
person, and each officer and each
member of the governing board of any association or corporation that operates
an assisted living facility, an adult
day care center, or
a child welfare agency, shall be is
guilty of a Class 1 misdemeanor if he:
1. Interferes with any representative of the Commissioner in the discharge of his duties under this subtitle;
2. Makes to the Commissioner or any representative of the Commissioner any report or statement, with respect to the operation of any assisted living facility, adult day care center, or child welfare agency, that is known by such person to be false or untrue;
3. Operates or engages in the conduct of an assisted living
facility, an adult day care center, or a child
welfare agency without first obtaining a license as required by this subtitle
or after such license has been revoked or has expired and not been renewed. NoThere
is no violation shall
occur if the facility, center,
or agency has applied to the Department for renewal prior to the expiration
date of the license. Every day's violation of this subdivision shall constitute
a separate offense; or
4. Operates or engages in the conduct of an assisted living facility, an adult day care center, or a child welfare agency serving more persons than the maximum stipulated in the license.
B. In any case in which a person operates or engages in the conduct of a child welfare agency without first obtaining a license as required by this subtitle, and a child under the care or supervision of such child welfare agency suffers death or serious bodily injury, as defined in § 16.1-283, as a result of the child care provider's negligent operation of such child welfare agency, such person, including each officer and member of the governing body of any association or corporation that operates or engages in the conduct of the child welfare agency, is guilty of a Class 4 felony.
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 665 of the Acts of Assembly of 2015 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.