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2023 SESSION

23105793D
HOUSE BILL NO. 1523
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 1, 2023)
(Patron Prior to Substitute--Delegate Taylor)
A BILL to amend and reenact §§ 16.1-69.48:6, 17.1-275.13, and 18.2-346.01 of the Code of Virginia, relating to prostitution; solicitation; penalties.

Be it enacted by the General Assembly of Virginia:

1. That §§ 16.1-69.48:6, 17.1-275.13, and 18.2-346.01 of the Code of Virginia are amended and reenacted as follows:

§ 16.1-69.48:6. Fees for offenses related to sex trafficking.

The court shall order any person convicted of a misdemeanor violation of § 18.2-346.01 or of §, 18.2-348, or 18.2-349 to pay a $100 $1,000 fee, which shall be deposited into the Virginia Prevention of Sex Trafficking Fund to be used in accordance with § 9.1-116.4.

§ 17.1-275.13. Additional fee for offenses related to sex trafficking.

In addition to the fees provided for by §§ 17.1-275.1, 17.1-275.2, 17.1-275.7, 17.1-275.10, and 17.1-275.12, any person convicted of a misdemeanor violation of § 18.2-346.01 or of § 18.2-348 or 18.2-349 shall be ordered to pay a $100 $1,000 fee, and any person convicted of a violation of clause (ii), (iii), or (iv) of § 18.2-48, or of § 18.2-368, or any felony violation of the laws pertaining to commercial sex trafficking or prostitution offenses pursuant to Article 3 (§ 18.2-346 et seq.) of Chapter 8, with the exception of § 18.2-361, shall be ordered to pay a $500 $2,500 fee. All fees collected pursuant to this section shall be deposited into the Virginia Prevention of Sex Trafficking Fund to be used in accordance with § 9.1-116.4.

§ 18.2-346.01. Prostitution; solicitation; commercial exploitation of a minor; penalties.

A. Any person who offers money or its equivalent to another for the purpose of engaging in sexual acts enumerated in § 18.2-346 and thereafter does any substantial act in furtherance thereof is guilty of solicitation of prostitution, which is punishable as a Class 1 misdemeanor, except as provided in subsections B and C.

However, any B. Any person who solicits prostitution from a minor (i) 16 years of age or older is guilty of a Class 6 felony or (ii) younger than 16 years of age is guilty of a Class 5 felony.

C. Any person who commits a third or subsequent offense under subsection A is guilty of a Class 6 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 2 of the Acts of Assembly of 2022, Special Session I, 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.