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2020 SPECIAL SESSION I
20200185DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-406 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-406. What constitutes an unlawful assembly; penalty.
Whenever three or more persons assembled share the common
intent to advance some lawful or unlawful purpose by the commission of an act
or acts of unlawful force or violence likely to jeopardize seriously public
safety, peace, or order, and the assembly
actually tends to inspire persons of ordinary courage with well-grounded fear
of serious and immediate breaches of public safety, peace,
or order, then such assembly is an unlawful assembly. Every person who
participates in any unlawful assembly 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 an unlawful
assembly, he is guilty of a
Class 6 felony. If any such person carried or possessed, at the time of
his participation in an unlawful assembly, any firearm or other deadly or
dangerous weapon, he shall be 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.