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2020 SPECIAL SESSION I

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20200184D
SENATE BILL NO. 5056 Offered August 18, 2020 Prefiled August 17, 2020 A BILL to amend and reenact § 18.2-405 of the Code of Virginia, relating to riots; acts of violence; penalty. ---------- Patrons-- Reeves and DeSteph ---------- Referred to Committee on the Judiciary ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-405 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-405. What constitutes a riot; penalty.

Any unlawful use, by three or more persons acting together, of force or violence which that seriously jeopardizes the public safety, peace, or order is riot.

Every person convicted of participating in any riot shall be is guilty of a Class 1 misdemeanor. If a person commits an act of violence, as defined in § 19.2-297.1, during a riot, he is guilty a Class 6 felony.

If such person carried or possessed, at the time of such riot, any firearm or other deadly or dangerous weapon, he shall be is guilty of a Class 5 felony 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 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.