22104619D
<br><center><b>SENATE BILL NO. 104</b></center>

<center>AMENDMENT IN THE NATURE OF A SUBSTITUTE</center>

<center>(Proposed by the Senate Committee on the Judiciary)</center>

<center>(Patrons Prior to Substitute--Senators Morrissey and Edwards
[SB 252])</center>

<center>Senate Amendments in [ ] – February 3, 2022</center>

<i>A BILL to amend and reenact &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4212">3.2-4212</a>, <a href="http://law.lis.virginia.gov/vacode/4.1-302">4.1-302</a>, <a href="http://law.lis.virginia.gov/vacode/16.1-253.2">16.1-253.2</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-36.2">18.2-36.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-46.3:3">18.2-46.3:3</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-51.1">18.2-51.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-53.1">18.2-53.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-57">18.2-57</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-60.4">18.2-60.4</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-61">18.2-61</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-67.1">18.2-67.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-67.2">18.2-67.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-67.5:2">18.2-67.5:2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-67.5:3">18.2-67.5:3</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-154">18.2-154</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-186.4">18.2-186.4</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-248">18.2-248</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248.01">18.2-248.01</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248.03">18.2-248.03</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248.1">18.2-248.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248.5">18.2-248.5</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-255">18.2-255</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-255.2">18.2-255.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-270">18.2-270</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.1">18.2-308.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.2">18.2-308.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.2:2">18.2-308.2:2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.4">18.2-308.4</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-374.1">18.2-374.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-374.1:1">18.2-374.1:1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-374.3">18.2-374.3</a>, <a href="http://law.lis.virginia.gov/vacode/19.2-297.1">19.2-297.1</a>, <a href="http://law.lis.virginia.gov/vacode/46.2-341.28">46.2-341.28</a>, <a href="http://law.lis.virginia.gov/vacode/46.2-391">46.2-391</a>,
<a href="http://law.lis.virginia.gov/vacode/46.2-865.1">46.2-865.1</a>, and <a href="http://law.lis.virginia.gov/vacode/53.1-203">53.1-203</a> of the Code of Virginia, relating to elimination of mandatory
minimum sentences; modification of sentence to mandatory minimum term of
confinement for felony offenses.</i>

<p>Be it enacted by the General Assembly of Virginia:</p>

<p>1. That &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4212">3.2-4212</a>, <a href="http://law.lis.virginia.gov/vacode/4.1-302">4.1-302</a>, <a href="http://law.lis.virginia.gov/vacode/16.1-253.2">16.1-253.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-36.2">18.2-36.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-46.3:3">18.2-46.3:3</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-51.1">18.2-51.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-53.1">18.2-53.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-57">18.2-57</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-60.4">18.2-60.4</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-61">18.2-61</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-67.1">18.2-67.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-67.2">18.2-67.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-67.5:2">18.2-67.5:2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-67.5:3">18.2-67.5:3</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-154">18.2-154</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-186.4">18.2-186.4</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248">18.2-248</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-248.01">18.2-248.01</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248.03">18.2-248.03</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248.1">18.2-248.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-248.5">18.2-248.5</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-255">18.2-255</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-255.2">18.2-255.2</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-270">18.2-270</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.1">18.2-308.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.2">18.2-308.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.2:2">18.2-308.2:2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-308.4">18.2-308.4</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-374.1">18.2-374.1</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-374.1:1">18.2-374.1:1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-374.3">18.2-374.3</a>, <a href="http://law.lis.virginia.gov/vacode/19.2-297.1">19.2-297.1</a>, <a href="http://law.lis.virginia.gov/vacode/46.2-341.28">46.2-341.28</a>, <a href="http://law.lis.virginia.gov/vacode/46.2-391">46.2-391</a>, <a href="http://law.lis.virginia.gov/vacode/46.2-865.1">46.2-865.1</a>, and
<a href="http://law.lis.virginia.gov/vacode/53.1-203">53.1-203</a> of the Code of Virginia are amended and reenacted as follows:</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4212">3.2-4212</a>. Penalties and other remedies.</p>

<p>A. In addition to any other civil or criminal penalty or remedy
provided by law, upon a determination that any person has violated &sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4207">3.2-4207</a>
or any regulation adopted pursuant thereto, the Commissioner may revoke or
suspend such person's privilege to purchase tax stamps at a discounted rate.
Each stamp affixed and each offer to sell cigarettes in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4207">3.2-4207</a>
shall constitute a separate violation. Upon a determination of a violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/3.2-4207">3.2-4207</a> or any regulations adopted pursuant thereto, the Commissioner may also
impose a civil penalty in an amount not to exceed the greater of (i) 500
percent of the retail value of the cigarettes sold or (ii) $5,000.</p>

<p>B. Any cigarettes that have been sold, offered for sale or
possessed for sale in the Commonwealth, or imported for personal consumption in
the Commonwealth, in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4207">3.2-4207</a>, shall be deemed contraband and
may not be sold or offered for sale unless such cigarettes are listed in the
Directory. Any such cigarettes that are sold or offered for sale when not
included in the Directory shall be subject to confiscation and forfeiture. Any
such confiscation and forfeiture shall be governed by the procedures contained
in Chapter 22.1 (&sect;<a href="http://law.lis.virginia.gov/vacode/19.2-386.1">19.2-386.1</a> et seq.) of Title 19.2, which shall apply mutatis
mutandis; except that all such cigarettes so confiscated and forfeited shall be
destroyed and not resold.</p>

<p>C. The Attorney General may seek an injunction to restrain a
threatened or actual violation of &sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4207">3.2-4207</a>, subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4209">3.2-4209</a>,
subsection B of &sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4209">3.2-4209</a>, or subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/3.2-4209">3.2-4209</a> by a stamping agent
and to compel the stamping agent to comply with such provisions. In any action
brought pursuant to this subsection in which the Commonwealth prevails, the
Commonwealth shall be entitled to recover the reasonable costs of
investigation, costs of the action and reasonable attorney fees.</p>

<p>D. It<s class=str> shall be</s><i class=new> is</i> unlawful for a person to (i)
sell or distribute cigarettes or (ii) acquire, hold, own, possess, transport,
import, or cause to be imported cigarettes that the person knows or should know
are intended for distribution or sale in the Commonwealth in violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/3.2-4207">3.2-4207</a>. A violation of this section<s class=str> involving less than 3,000 packages of
cigarettes</s> is a Class 1 misdemeanor.<s class=str> A violation of this section
involving 3,000 or more packages of cigarettes is a Class 1 misdemeanor, and,
upon conviction, the sentence of such person shall include a mandatory minimum
term of confinement of 90 days.</s></p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/4.1-302">4.1-302</a>. Illegal sale of alcoholic beverages in general;
penalty.</p>

<p>If any person who is not licensed sells any alcoholic beverages
except as permitted by this title, he<s class=str> shall be</s><i class=new> is</i> guilty of a
Class 1 misdemeanor.</p>

<p><s class=str>In the event of a second or subsequent conviction under
this section, a jail sentence of no less than thirty days shall be imposed and
in no case be suspended.</s></p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/16.1-253.2">16.1-253.2</a>. Violation of provisions of protective orders;
penalty.</p>

<p>A. In addition to any other penalty provided by law, any
person who violates any provision of a protective order issued pursuant to &sect;
<a href="http://law.lis.virginia.gov/vacode/16.1-253.1">16.1-253.1</a>, <a href="http://law.lis.virginia.gov/vacode/16.1-253.4">16.1-253.4</a>, <a href="http://law.lis.virginia.gov/vacode/16.1-278.14">16.1-278.14</a>, or <a href="http://law.lis.virginia.gov/vacode/16.1-279.1">16.1-279.1</a> or subsection B of &sect;<a href="http://law.lis.virginia.gov/vacode/20-103">20-103</a>,
when such violation involves a provision of the protective order that prohibits
such person from (i) going or remaining upon land, buildings, or premises; (ii)
further acts of family abuse; or (iii) committing a criminal offense, or which
prohibits contacts by the respondent with the allegedly abused person or family
or household members of the allegedly abused person as the court deems
appropriate, is guilty of a Class 1 misdemeanor. The punishment for any person
convicted of a second offense of violating a protective order, when the offense
is committed within five years of the prior conviction and when either the
instant or prior offense was based on an act or threat of violence, shall
include a<s class=str> mandatory minimum</s> term of confinement of 60 days. Any person
convicted of a third or subsequent offense of violating a protective order,
when the offense is committed within 20 years of the first conviction and when
either the instant or one of the prior offenses was based on an act or threat of
violence is guilty of a Class 6 felony<s class=str> and the punishment shall include a
mandatory minimum term of confinement of six months. The mandatory minimum
terms of confinement prescribed for violations of this section shall be served
consecutively with any other sentence</s>.</p>

<p>B. In addition to any other penalty provided by law, any
person who, while knowingly armed with a firearm or other deadly weapon,
violates any provision of a protective order with which he has been served
issued pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/16.1-253.1">16.1-253.1</a>, <a href="http://law.lis.virginia.gov/vacode/16.1-253.4">16.1-253.4</a>, <a href="http://law.lis.virginia.gov/vacode/16.1-278.14">16.1-278.14</a>, or <a href="http://law.lis.virginia.gov/vacode/16.1-279.1">16.1-279.1</a> or
subsection B of &sect;<a href="http://law.lis.virginia.gov/vacode/20-103">20-103</a> is guilty of a Class 6 felony.</p>

<p>C. If the respondent commits an assault and battery upon any
party protected by the protective order resulting in bodily injury to the party
or stalks any party protected by the protective order in violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-60.3">18.2-60.3</a>, he is guilty of a Class 6 felony. Any person who violates such a
protective order by furtively entering the home of any protected party while
the party is present, or by entering and remaining in the home of the protected
party until the party arrives, is guilty of a Class 6 felony, in addition to
any other penalty provided by law.</p>

<p>D. Upon conviction of any offense hereunder<s class=str> for which a
mandatory minimum term of confinement is not specified, the person shall be
sentenced to a term of confinement and in no case shall the entire term imposed
be suspended. Upon conviction</s>, the court shall, in addition to the sentence
imposed, enter a protective order pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/16.1-279.1">16.1-279.1</a> for a specified
period not exceeding two years from the date of conviction.</p>

<p>E. A violation of this section may be prosecuted in the
jurisdiction where the protective order was issued or in any county or city
where any act constituting the violation of the protective order occurred.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>. Certain conduct punishable as involuntary
manslaughter.</p>

<p>A. Any person who, as a result of driving under the influence
in violation of clause (ii), (iii), or (iv) of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> or any local
ordinance substantially similar thereto unintentionally causes the death of
another person,<s class=str> shall be</s><i class=new> is</i> guilty of involuntary manslaughter.</p>

<p>B. If, in addition, the conduct of the defendant was so gross,
wanton<i class=new>,</i> and culpable as to show a reckless disregard for human life, he<s class=str>
shall be</s><i class=new> is</i> guilty of aggravated involuntary manslaughter, a felony
punishable by a term of imprisonment of not less than one nor more than 20
years<s class=str>, one year of which shall be a mandatory minimum term of imprisonment</s>.</p>

<p>C. The provisions of this section shall not preclude
prosecution under any other homicide statute. This section shall not preclude
any other revocation or suspension required by law. The driver's license of any
person convicted under this section shall be revoked pursuant to subsection B
of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-391">46.2-391</a>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.2">18.2-36.2</a>. Involuntary manslaughter; operating a watercraft
while under the influence; penalties.</p>

<p>A. Any person who<s class=str>,</s> as a result of operating a
watercraft or motorboat in violation of clause (ii), (iii), or (iv) of
subsection B of &sect;<a href="http://law.lis.virginia.gov/vacode/29.1-738">29.1-738</a> or a similar local ordinance<s class=str>,</s> unintentionally
causes the death of another person<s class=str>,</s> is guilty of involuntary
manslaughter.</p>

<p>B. If, in addition, the conduct of the defendant was so gross,
wanton, and culpable as to show a reckless disregard for human life, he<s class=str>
shall be</s><i class=new> is</i> guilty of aggravated involuntary manslaughter, a felony
punishable by a term of imprisonment of not less than one nor more than 20
years<s class=str>, one year of which shall be a mandatory minimum term of imprisonment</s>.</p>

<p>C. The provisions of this section shall not preclude
prosecution under any other homicide statute. The court shall order any person
convicted under this section not to operate a watercraft or motorboat that is
underway upon the waters of the Commonwealth. After five years have passed from
the date of the conviction, the convicted person may petition the court that
entered the conviction for the right to operate a watercraft or motorboat upon
the waters of the Commonwealth. Upon consideration of such petition, the court
may restore the right to operate a watercraft or motorboat subject to such
terms and conditions as the court deems appropriate, including the successful
completion of a water safety alcohol rehabilitation program described in &sect;
<a href="http://law.lis.virginia.gov/vacode/29.1-738.5">29.1-738.5</a>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.3:3">18.2-46.3:3</a>. Enhanced punishment for gang activity taking
place in a gang-free zone; penalties.</p>

<p><s class=str>Any person who violates &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.2">18.2-46.2</a> (i) upon the property,
including buildings and grounds, of any public or private elementary,
secondary, or postsecondary school or institution of higher education; (ii)
upon public property or any property open to public use within 1,000 feet of
such school property; (iii) on any school bus as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-100">46.2-100</a>; or (iv)
upon the property, including buildings and grounds, of any publicly owned or
operated community center or any publicly owned or operated recreation center
is guilty of a felony punishable as specified in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.2">18.2-46.2</a>, and shall be
sentenced to a mandatory minimum term of imprisonment of two years to be served
consecutively with any other sentence. </s>A person who violates subsection A
of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.3">18.2-46.3</a><s class=str> upon any property listed in this section</s><i class=new> (i) upon the
property, including buildings and grounds, of any public or private elementary,
secondary, or postsecondary school or institution of higher education; (ii)
upon public property or any property open to public use within 1,000 feet of
such school property; (iii) on any school bus as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-100">46.2-100</a>; or (iv)
upon the property, including buildings and grounds, of any publicly owned or
operated community center or any publicly owned or operated recreation center</i>
is guilty of a Class 6 felony, except that any person 18 years of age or older
who violates subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.3">18.2-46.3</a> upon any property listed in this
section, when such offense is committed against a juvenile, is guilty of a
Class 5 felony. Any person who violates subsection B of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.3">18.2-46.3</a> upon any
property listed in this section is guilty of a Class 5 felony. It is a
violation of this section if the person violated &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.2">18.2-46.2</a> or <a href="http://law.lis.virginia.gov/vacode/18.2-46.3">18.2-46.3</a> on
the property described in clauses (i) through (iii) regardless of where the
person intended to commit such violation.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.1">18.2-51.1</a>. Malicious bodily injury to law-enforcement
officers, firefighters, search and rescue personnel, or emergency medical
services personnel; penalty; lesser-included offense.</p>

<p>If any person maliciously causes bodily injury to another by
any means including the means set out in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-52">18.2-52</a>, with intent to maim,
disfigure, disable<i class=new>,</i> or kill, and knowing or having reason to know that
such other person is a law-enforcement officer, as defined<s class=str> hereinafter</s><i class=new>
in this section</i>, firefighter, as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/65.2-102">65.2-102</a>, search and rescue
personnel as defined<s class=str> hereinafter</s><i class=new> in this section</i>, or emergency
medical services personnel, as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/32.1-111.1">32.1-111.1</a> engaged in the
performance of his public duties as a law-enforcement officer, firefighter,
search and rescue personnel, or emergency medical services personnel, such
person is guilty of a felony punishable by imprisonment for a period of not
less than five years nor more than 30 years and, subject to subdivision (g) of
&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-10">18.2-10</a>, a fine of not more than $100,000.<s class=str> Upon conviction, the sentence
of such person shall include a mandatory minimum term of imprisonment of two
years.</s></p>

<p>If any person unlawfully, but not maliciously, with the intent
aforesaid, causes bodily injury to another by any means, knowing or having
reason to know such other person is a law-enforcement officer, firefighter, as
defined in &sect;<a href="http://law.lis.virginia.gov/vacode/65.2-102">65.2-102</a>, search and rescue personnel, or emergency medical services
personnel, engaged in the performance of his public duties as a law-enforcement
officer, firefighter, search and rescue personnel, or emergency medical
services personnel as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/32.1-111.1">32.1-111.1</a>, he is guilty of a Class 6 felony<s class=str>,
and upon conviction, the sentence of such person shall include a mandatory
minimum term of imprisonment of one year</s>.</p>

<p>Nothing in this section shall be construed to affect the right
of any person charged with a violation of this section from asserting and
presenting evidence in support of any defenses to the charge that may be
available under common law.</p>

<p>As used in this section, &quot;law-enforcement officer&quot;
means any full-time or part-time employee of a police department or sheriff's
office that is part of or administered by the Commonwealth or any political
subdivision thereof, who is responsible for the prevention or detection of
crime and the enforcement of the penal, traffic, or highway laws of the
Commonwealth; any conservation officer of the Department of Conservation and Recreation
commissioned pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/10.1-115">10.1-115</a>; any conservation police officer appointed
pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/29.1-200">29.1-200</a>; and auxiliary police officers appointed or provided for
pursuant to &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/15.2-1731">15.2-1731</a> and <a href="http://law.lis.virginia.gov/vacode/15.2-1733">15.2-1733</a> and auxiliary deputy sheriffs appointed
pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/15.2-1603">15.2-1603</a>.</p>

<p>As used in this section, &quot;search and rescue
personnel&quot; means any employee or member of a search and rescue
organization that is authorized by a resolution or ordinance duly adopted by
the governing body of any county, city, or town of the Commonwealth or any
member of a search and rescue organization operating under a memorandum of
understanding with the Virginia Department of Emergency Management.</p>

<p>The provisions of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51">18.2-51</a> shall be deemed to provide a
lesser-included offense hereof.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-53.1">18.2-53.1</a>. Use or display of firearm in committing felony.</p>

<p>It<s class=str> shall be</s><i class=new> is</i> unlawful for any person to use or
attempt to use any pistol, shotgun, rifle, or other firearm or display such
weapon in a threatening manner while committing or attempting to commit murder,
rape, forcible sodomy, inanimate or animate object sexual penetration as
defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.2">18.2-67.2</a>, robbery, carjacking, burglary, malicious wounding as
defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51">18.2-51</a>, malicious bodily injury to a law-enforcement officer as
defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.1">18.2-51.1</a>, aggravated malicious wounding as defined in &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-51.2">18.2-51.2</a>, malicious wounding by mob as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-41">18.2-41</a><i class=new>,</i> or
abduction. Violation of this section<s class=str> shall constitute a separate and
distinct felony and any person found guilty thereof shall be sentenced to a mandatory
minimum term of imprisonment of three years</s><i class=new> is punishable by a term of
imprisonment of not less than one year nor more than three years, or in the
discretion of the court or the jury, confinement in jail for not more than 12
months and a fine of not more than $2,500, either or both,</i> for a first
conviction, and<s class=str> to a mandatory minimum term of five years</s><i class=new> is
punishable as a Class 6 felony</i> for a second or subsequent conviction under
the provisions of this section.<s class=str> Such punishment shall be separate and apart
from, and shall be made to run consecutively with, any punishment received for
the commission of the primary felony.</s></p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-57">18.2-57</a>. Assault and battery; penalty.</p>

<p>A. Any person who commits a simple assault or assault and
battery is guilty of a Class 1 misdemeanor, and if the person intentionally
selects the person against whom a simple assault is committed because of his
race, religious conviction, gender, disability, gender identity, sexual
orientation, color, or national origin, the penalty upon conviction shall
include a term of confinement of at least six months.</p>

<p>B. However, if a person intentionally selects the person
against whom an assault and battery resulting in bodily injury is committed
because of his race, religious conviction, gender, disability, gender identity,
sexual orientation, color, or national origin, the person is guilty of a Class
6 felony, and the penalty upon conviction shall include a term of confinement
of at least six months.</p>

<p>C. In addition, if any person commits an assault or an assault
and battery against another knowing or having reason to know that such other
person is a judge, a magistrate, a law-enforcement officer as defined in
subsection F, a correctional officer as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-1">53.1-1</a>, a person directly
involved in the care, treatment, or supervision of inmates in the custody of
the Department of Corrections or an employee of a local or regional
correctional facility directly involved in the care, treatment, or supervision
of inmates in the custody of the facility, a person directly involved in the
care, treatment, or supervision of persons in the custody of or under the
supervision of the Department of Juvenile Justice, an employee or other
individual who provides control, care, or treatment of sexually violent
predators committed to the custody of the Department of Behavioral Health and
Developmental Services, a firefighter as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/65.2-102">65.2-102</a>, or a volunteer
firefighter or any emergency medical services personnel member who is employed
by or is a volunteer of an emergency medical services agency or as a member of
a bona fide volunteer fire department or volunteer emergency medical services
agency, regardless of whether a resolution has been adopted by the governing
body of a political subdivision recognizing such firefighters or emergency
medical services personnel as employees, engaged in the performance of his
public duties anywhere in the Commonwealth, such person is guilty of a Class 6
felony<s class=str>, and, upon conviction, the sentence of such person shall include a
mandatory minimum term of confinement of six months</s>.</p>

<p>Nothing in this subsection shall be construed to affect the
right of any person charged with a violation of this section from asserting and
presenting evidence in support of any defenses to the charge that may be
available under common law.</p>

<p>D. In addition, if any person commits a battery against
another knowing or having reason to know that such other person is a full-time
or part-time employee of any public or private elementary or secondary school
and is engaged in the performance of his duties as such, he is guilty of a
Class 1 misdemeanor and the sentence of such person upon conviction shall
include a sentence of 15 days in jail<s class=str>, two days of which shall be a
mandatory minimum term of confinement</s>. However, if the offense is committed
by use of a firearm or other weapon prohibited on school property pursuant to &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-308.1">18.2-308.1</a>, the<s class=str> person shall serve a mandatory minimum sentence of</s><i class=new>
penalty upon conviction shall include a term of</i> confinement of six months.</p>

<p>E. In addition, any person who commits a battery against
another knowing or having reason to know that such individual is a health care
provider as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/8.01-581.1">8.01-581.1</a> who is engaged in the performance of his
duties in a hospital or in an emergency room on the premises of any clinic or
other facility rendering emergency medical care is guilty of a Class 1
misdemeanor. The sentence of such person, upon conviction, shall include a term
of confinement of 15 days in jail<s class=str>, two days of which shall be a mandatory
minimum term of confinement</s>.</p>

<p>F. As used in this section:</p>

<p>&quot;Disability&quot; means a physical or mental impairment
that substantially limits one or more of a person's major life activities.</p>

<p>&quot;Hospital&quot; means a public or private institution
licensed pursuant to Chapter 5 (&sect;<a href="http://law.lis.virginia.gov/vacode/32.1-123">32.1-123</a> et seq.) of Title 32.1 or Article 2
(&sect;<a href="http://law.lis.virginia.gov/vacode/37.2-403">37.2-403</a> et seq.) of Chapter 4 of Title 37.2.</p>

<p>&quot;Judge&quot; means any justice or judge of a court of
record of the Commonwealth including a judge designated under &sect;<a href="http://law.lis.virginia.gov/vacode/17.1-105">17.1-105</a>, a
judge under temporary recall under &sect;<a href="http://law.lis.virginia.gov/vacode/17.1-106">17.1-106</a>, or a judge pro tempore under &sect;
<a href="http://law.lis.virginia.gov/vacode/17.1-109">17.1-109</a>, any member of the State Corporation Commission, or of the Virginia
Workers' Compensation Commission, and any judge of a district court of the
Commonwealth or any substitute judge of such district court.</p>

<p>&quot;Law-enforcement officer&quot; means any full-time or
part-time employee of a police department or sheriff's office that is part of
or administered by the Commonwealth or any political subdivision thereof who is
responsible for the prevention or detection of crime and the enforcement of the
penal, traffic or highway laws of the Commonwealth, any conservation officer of
the Department of Conservation and Recreation commissioned pursuant to &sect;
<a href="http://law.lis.virginia.gov/vacode/10.1-115">10.1-115</a>, any special agent of the Virginia Alcoholic Beverage Control
Authority, conservation police officers appointed pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/29.1-200">29.1-200</a>,
full-time sworn members of the enforcement division of the Department of Motor
Vehicles appointed pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-217">46.2-217</a>, and any employee with internal
investigations authority designated by the Department of Corrections pursuant
to subdivision 11 of &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-10">53.1-10</a>, and such officer also includes jail officers in
local and regional correctional facilities, all deputy sheriffs, whether
assigned to law-enforcement duties, court services or local jail
responsibilities, auxiliary police officers appointed or provided for pursuant
to &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/15.2-1731">15.2-1731</a> and <a href="http://law.lis.virginia.gov/vacode/15.2-1733">15.2-1733</a>, auxiliary deputy sheriffs appointed pursuant to
&sect;<a href="http://law.lis.virginia.gov/vacode/15.2-1603">15.2-1603</a>, police officers of the Metropolitan Washington Airports Authority
pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/5.1-158">5.1-158</a>, and fire marshals appointed pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/27-30">27-30</a> when
such fire marshals have police powers as set out in &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/27-34.2">27-34.2</a> and <a href="http://law.lis.virginia.gov/vacode/27-34.2:1">27-34.2:1</a>.</p>

<p>&quot;School security officer&quot; means the same as that
term is defined in &sect;<a href="http://law.lis.virginia.gov/vacode/9.1-101">9.1-101</a>.</p>

<p>G. &quot;Simple assault&quot; or &quot;assault and
battery&quot; shall not be construed to include the use of, by any school
security officer or full-time or part-time employee of any public or private
elementary or secondary school while acting in the course and scope of his
official capacity, any of the following: (i) incidental, minor or reasonable
physical contact or other actions designed to maintain order and control; (ii)
reasonable and necessary force to quell a disturbance or remove a student from
the scene of a disturbance that threatens physical injury to persons or damage
to property; (iii) reasonable and necessary force to prevent a student from
inflicting physical harm on himself; (iv) reasonable and necessary force for
self-defense or the defense of others; or (v) reasonable and necessary force to
obtain possession of weapons or other dangerous objects or controlled
substances or associated paraphernalia that are upon the person of the student
or within his control.</p>

<p>In determining whether a person was acting within the exceptions
provided in this subsection, due deference shall be given to reasonable
judgments that were made by a school security officer or full-time or part-time
employee of any public or private elementary or secondary school at the time of
the event.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-60.4">18.2-60.4</a>. Violation of protective orders; penalty.</p>

<p>A. Any person who violates any provision of a protective order
issued pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-152.8">19.2-152.8</a>, <a href="http://law.lis.virginia.gov/vacode/19.2-152.9">19.2-152.9</a>, or <a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a> is guilty of a
Class 1 misdemeanor. Conviction hereunder shall bar a finding of contempt for
the same act. The punishment for any person convicted of a second offense of
violating a protective order, other than a protective order issued pursuant to
subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a>, when the offense is committed within five years
of the prior conviction and when either the instant or prior offense was based
on an act or threat of violence, shall include a<s class=str> mandatory minimum</s> term
of confinement of 60 days. Any person convicted of a third or subsequent
offense of violating a protective order, other than a protective order issued
pursuant to subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a>, when the offense is committed within
20 years of the first conviction and when either the instant or one of the
prior offenses was based on an act or threat of violence, is guilty of a Class
6 felony<s class=str> and the punishment shall include a mandatory minimum term of
confinement of six months. The mandatory minimum terms of confinement
prescribed for violations of this section shall be served consecutively with
any other sentence</s>.</p>

<p>B. In addition to any other penalty provided by law, any
person who, while knowingly armed with a firearm or other deadly weapon,
violates any provision of a protective order with which he has been served
issued pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-152.8">19.2-152.8</a>, <a href="http://law.lis.virginia.gov/vacode/19.2-152.9">19.2-152.9</a>, or <a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a>, other than a
protective order issued pursuant to subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a>, is guilty of
a Class 6 felony.</p>

<p>C. If the respondent commits an assault and battery upon any
party protected by the protective order, other than a protective order issued pursuant
to subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a>, resulting in bodily injury to the party or
stalks any party protected by the protective order in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-60.3">18.2-60.3</a>,
he is guilty of a Class 6 felony. Any person who violates such a protective
order, other than a protective order issued pursuant to subsection C of &sect;
<a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a>, by furtively entering the home of any protected party while the
party is present, or by entering and remaining in the home of the protected
party until the party arrives, is guilty of a Class 6 felony, in addition to
any other penalty provided by law.</p>

<p>D. <s class=str>Upon conviction of any offense hereunder for which a
mandatory minimum term of confinement is not specified, the person shall be
sentenced to a term of confinement and in no case shall the entire term imposed
be suspended.</s></p>

<p><s class=str>E. </s>Upon conviction, the court shall, in addition to the
sentence imposed, enter a protective order pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-152.10">19.2-152.10</a> for a
specified period not exceeding two years from the date of conviction.</p>

<p><s class=str>F. </s><i class=new>E. </i>A violation of this section may be
prosecuted in the jurisdiction where the protective order was issued or in any
county or city where any act constituting the violation of the protective order
occurred.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-61">18.2-61</a>. Rape.</p>

<p>A. If any person has sexual intercourse with a complaining
witness, whether or not his<s class=str> or her</s> spouse, or causes a complaining
witness, whether or not his<s class=str> or her</s> spouse, to engage in sexual
intercourse with any other person and such act is accomplished (i) against the
complaining witness's will, by force, threat or intimidation of or against the
complaining witness or another person;<s class=str> or</s> (ii) through the use of the
complaining witness's mental incapacity or physical helplessness; or (iii) with
a child under age 13 as the victim, he<s class=str> or she shall be</s><i class=new> is</i> guilty
of rape.</p>

<p>B. A violation of this section shall be punishable, in the
discretion of the court or jury, by confinement in a state correctional
facility for life or for any term not less than five years; and in addition:</p>

<p>1. For a violation of clause (iii) of subsection A where the
offender is more than three years older than the victim, if done in the
commission of, or as part of the same course of conduct as, or as part of a
common scheme or plan as a violation of (i) subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-47">18.2-47</a> or &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-48">18.2-48</a>,
(ii) &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-89">18.2-89</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-90">18.2-90</a>, or <a href="http://law.lis.virginia.gov/vacode/18.2-91">18.2-91</a>, or (iii) &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.2">18.2-51.2</a>, the punishment shall
include a<s class=str> mandatory minimum</s> term of confinement of 25 years; or</p>

<p>2. For a violation of clause (iii) of subsection A where it is
alleged in the indictment that the offender was 18 years of age or older at the
time of the offense, the punishment shall include a<s class=str> mandatory minimum</s>
term of confinement for life.</p>

<p><s class=str>The mandatory minimum terms of confinement prescribed for
violations of this section shall be served consecutively with any other
sentence. </s>If the term of confinement imposed for any violation of clause
(iii) of subsection A, where the offender is more than three years older than
the victim, is for a term less than life imprisonment, the judge<s class=str> shall</s><i class=new>
may</i> impose, in addition to any active sentence, a suspended sentence of no
less than 40 years. This suspended sentence shall be suspended for the
remainder of the defendant's life, subject to revocation by the court.</p>

<p>There shall be a rebuttable presumption that a juvenile<s class=str>
over the age of</s> 10<i class=new> years of age or older</i> but<s class=str> less than</s><i class=new>
under</i> 12<i class=new> years of age</i>, does not possess the physical capacity to
commit a violation of this section. In any case deemed appropriate by the
court, all or part of any sentence imposed for a violation under this section
against a spouse may be suspended upon the defendant's completion of counseling
or therapy, if not already provided, in the manner prescribed under &sect;
<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a> if, after consideration of the views of the complaining witness and
such other evidence as may be relevant, the court finds such action will
promote maintenance of the family unit and will be in the best interest of the
complaining witness.</p>

<p>C. Upon a finding of guilt under this section, when a spouse
is the complaining witness in any case tried by the court without a jury, the
court, without entering a judgment of guilt, upon motion of the defendant who
has not previously had a proceeding against him for violation of this section
dismissed pursuant to this subsection and with the consent of the complaining
witness and the attorney for the Commonwealth, may defer further proceedings
and place the defendant on probation pending completion of counseling or
therapy, if not already provided, in the manner prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a>.
If the defendant fails to so complete such counseling or therapy, the court may
make final disposition of the case and proceed as otherwise provided. If such
counseling is completed as prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a>, the court may
discharge the defendant and dismiss the proceedings against him if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and be in the best interest of the complaining witness.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.1">18.2-67.1</a>. Forcible sodomy.</p>

<p>A. An accused<s class=str> shall be</s><i class=new> is</i> guilty of forcible
sodomy if he or she engages in cunnilingus, fellatio, anilingus, or anal
intercourse with a complaining witness whether or not his or her spouse, or
causes a complaining witness, whether or not his or her spouse, to engage in
such acts with any other person, and</p>

<p>1. The complaining witness is less than 13 years of age; or</p>

<p>2. The act is accomplished against the will of the complaining
witness, by force, threat or intimidation of or against the complaining witness
or another person, or through the use of the complaining witness's mental
incapacity or physical helplessness.</p>

<p>B. Forcible sodomy is a felony punishable by confinement in a
state correctional facility for life or for any term not less than five years;
and in addition:</p>

<p>1. For a violation of subdivision A 1, where the offender is
more than three years older than the victim, if done in the commission of, or
as part of the same course of conduct as, or as part of a common scheme or plan
as a violation of (i) subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-47">18.2-47</a> or &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-48">18.2-48</a>, (ii) &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-89">18.2-89</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-90">18.2-90</a>, or <a href="http://law.lis.virginia.gov/vacode/18.2-91">18.2-91</a>, or (iii) &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.2">18.2-51.2</a>, the punishment shall include a<s class=str>
mandatory minimum</s> term of confinement of 25 years; or</p>

<p>2. For a violation of subdivision A 1 where it is alleged in
the indictment that the offender was 18 years of age or older at the time of
the offense, the punishment shall include a<s class=str> mandatory minimum</s> term of
confinement for life.</p>

<p><s class=str>The mandatory minimum terms of confinement prescribed for
violations of this section shall be served consecutively with any other
sentence. </s>If the term of confinement imposed for any violation of
subdivision A 1, where the offender is more than three years older than the
victim, is for a term less than life imprisonment, the judge<s class=str> shall</s><i class=new>
may</i> impose, in addition to any active sentence, a suspended sentence of no
less than 40 years. This suspended sentence shall be suspended for the
remainder of the defendant's life, subject to revocation by the court.</p>

<p>In any case deemed appropriate by the court, all or part of
any sentence imposed for a violation under this section against a spouse may be
suspended upon the defendant's completion of counseling or therapy, if not
already provided, in the manner prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a> if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and will be in the best interest of the complaining witness.</p>

<p>C. Upon a finding of guilt under this section, when a spouse
is the complaining witness in any case tried by the court without a jury, the
court, without entering a judgment of guilt, upon motion of the defendant who
has not previously had a proceeding against him for violation of this section
dismissed pursuant to this subsection and with the consent of the complaining
witness and the attorney for the Commonwealth, may defer further proceedings
and place the defendant on probation pending completion of counseling or therapy,
if not already provided, in the manner prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a>. If the
defendant fails to so complete such counseling or therapy, the court may make
final disposition of the case and proceed as otherwise provided. If such
counseling is completed as prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a>, the court may
discharge the defendant and dismiss the proceedings against him if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and be in the best interest of the complaining witness.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.2">18.2-67.2</a>. Object sexual penetration; penalty.</p>

<p>A. An accused<s class=str> shall be</s><i class=new> is</i> guilty of inanimate or
animate object sexual penetration if he or she penetrates the labia majora or
anus of a complaining witness, whether or not his or her spouse, other than for
a bona fide medical purpose, or causes such complaining witness to so penetrate
his or her own body with an object or causes a complaining witness, whether or
not his or her spouse, to engage in such acts with any other person or to
penetrate, or to be penetrated by, an animal, and</p>

<p>1. The complaining witness is less than 13 years of age; or</p>

<p>2. The act is accomplished against the will of the complaining
witness, by force, threat or intimidation of or against the complaining witness
or another person, or through the use of the complaining witness's mental
incapacity or physical helplessness.</p>

<p>B. Inanimate or animate object sexual penetration is a felony
punishable by confinement in the state correctional facility for life or for
any term not less than five years; and in addition:</p>

<p>1. For a violation of subdivision A 1, where the offender is
more than three years older than the victim, if done in the commission of, or
as part of the same course of conduct as, or as part of a common scheme or plan
as a violation of (i) subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-47">18.2-47</a> or &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-48">18.2-48</a>, (ii) &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-89">18.2-89</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-90">18.2-90</a>, or <a href="http://law.lis.virginia.gov/vacode/18.2-91">18.2-91</a>, or (iii) &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.2">18.2-51.2</a>, the punishment shall include a<s class=str>
mandatory minimum</s> term of confinement of 25 years; or</p>

<p>2. For a violation of subdivision A 1 where it is alleged in
the indictment that the offender was 18 years of age or older at the time of
the offense, the punishment shall include a<s class=str> mandatory minimum</s> term of
confinement for life.</p>

<p><s class=str>The mandatory minimum terms of confinement prescribed for
violations of this section shall be served consecutively with any other
sentence. </s>If the term of confinement imposed for any violation of
subdivision A 1, where the offender is more than three years older than the
victim, is for a term less than life imprisonment, the judge<s class=str> shall</s><i class=new>
may</i> impose, in addition to any active sentence, a suspended sentence of no
less than 40 years. This suspended sentence shall be suspended for the
remainder of the defendant's life, subject to revocation by the court.</p>

<p>In any case deemed appropriate by the court, all or part of
any sentence imposed for a violation under this section against a spouse may be
suspended upon the defendant's completion of counseling or therapy, if not
already provided, in the manner prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a> if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and will be in the best interest of the complaining witness.</p>

<p>C. Upon a finding of guilt under this section, when a spouse
is the complaining witness in any case tried by the court without a jury, the
court, without entering a judgment of guilt, upon motion of the defendant who
has not previously had a proceeding against him for violation of this section
dismissed pursuant to this subsection and with the consent of the complaining
witness and the attorney for the Commonwealth, may defer further proceedings
and place the defendant on probation pending completion of counseling or
therapy, if not already provided, in the manner prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a>.
If the defendant fails to so complete such counseling or therapy, the court may
make final disposition of the case and proceed as otherwise provided. If such
counseling is completed as prescribed under &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-218.1">19.2-218.1</a>, the court may
discharge the defendant and dismiss the proceedings against him if, after
consideration of the views of the complaining witness and such other evidence
as may be relevant, the court finds such action will promote maintenance of the
family unit and be in the best interest of the complaining witness.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.5:2">18.2-67.5:2</a>. Punishment upon conviction of certain
subsequent felony sexual assault.</p>

<p>A. Any person convicted of (i) more than one offense specified
in subsection B or (ii) one of the offenses specified in subsection B of this
section and one of the offenses specified in subsection B of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.5:3">18.2-67.5:3</a> when
such offenses were not part of a common act, transaction, or scheme and who has
been at liberty as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-151">53.1-151</a> between each conviction shall, upon
conviction of the second or subsequent such offense, be sentenced to the
maximum term authorized by statute for such offense<s class=str> and shall not have all
or any part of such sentence suspended</s>, provided that it is admitted, or
found by the jury or judge before whom the person is tried, that he has been
previously convicted of at least one of the specified offenses.</p>

<p>B. The provisions of subsection A shall apply to felony
convictions for:</p>

<p>1. Carnal knowledge of a child between 13 and 15 years of age
in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-63">18.2-63</a> when the offense is committed by a person over the
age of 18;</p>

<p>2. Carnal knowledge of certain minors in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-64.1">18.2-64.1</a>;</p>

<p>3. Aggravated sexual battery in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.3">18.2-67.3</a>;</p>

<p>4. Crimes against nature in violation of subsection B of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-361">18.2-361</a>;</p>

<p>5. Sexual intercourse with one's own child or grandchild in
violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-366">18.2-366</a>;</p>

<p>6. Taking indecent liberties with a child in violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-370">18.2-370</a> or <a href="http://law.lis.virginia.gov/vacode/18.2-370.1">18.2-370.1</a>; or</p>

<p>7. Conspiracy to commit any offense listed in subdivisions 1
through 6 pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-22">18.2-22</a>.</p>

<p>C. For purposes of this section, prior convictions shall
include (i) adult convictions for felonies under the laws of any state or the
United States that are substantially similar to those listed in subsection B
and (ii) findings of not innocent, adjudications, or convictions in the case of
a juvenile if the juvenile offense is substantially similar to those listed in
subsection B, the offense would be a felony if committed by an adult in the
Commonwealth, and the offense was committed less than 20 years before the
second offense.</p>

<p>The Commonwealth shall notify the defendant in writing, at
least 30 days prior to trial, of its intention to seek punishment pursuant to
this section.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.5:3">18.2-67.5:3</a>. Punishment upon conviction of certain
subsequent violent felony sexual assault.</p>

<p>A. Any person convicted of more than one offense specified in
subsection B, when such offenses were not part of a common act, transaction<i class=new>,</i>
or scheme, and who has been at liberty as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-151">53.1-151</a> between each
conviction shall, upon conviction of the second or subsequent such offense, be
sentenced to life imprisonment<s class=str> and shall not have all or any portion of the
sentence suspended</s>, provided<i class=new> that</i> it is admitted, or found by the
jury or judge before whom he is tried, that he has been previously convicted of
at least one of the specified offenses.</p>

<p>B. The provisions of subsection A shall apply to convictions
for:</p>

<p>1. Rape in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-61">18.2-61</a>;</p>

<p>2. Forcible sodomy in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.1">18.2-67.1</a>;</p>

<p>3. Object sexual penetration in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.2">18.2-67.2</a>;</p>

<p>4. Abduction with intent to defile in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-48">18.2-48</a>;
or</p>

<p>5. Conspiracy to commit any offense listed in subdivisions 1
through 4 pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-22">18.2-22</a>.</p>

<p>C. For purposes of this section, prior convictions shall
include (i) adult convictions for felonies under the laws of any state or the
United States that are substantially similar to those listed in subsection B
and (ii) findings of not innocent, adjudications or convictions in the case of
a juvenile if the juvenile offense is substantially similar to those listed in
subsection B, the offense would be a felony if committed by an adult in the
Commonwealth and the offense was committed less than<s class=str> twenty</s><i class=new> 20</i>
years before the second offense.</p>

<p>The Commonwealth shall notify the defendant in the indictment,
information, or warrant, at least<s class=str> thirty</s><i class=new> 30</i> days prior to trial,
of its intention to seek punishment pursuant to this section.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-154">18.2-154</a>. Shooting at or throwing missiles, etc., at train,
car, vessel, etc.; penalty.</p>

<p>Any person who maliciously shoots at, or maliciously throws
any missile at or against, any train or cars on any railroad or other transportation
company or any vessel or other watercraft, or any motor vehicle or other
vehicles when occupied by one or more persons, whereby the life of any person
on such train, car, vessel, or other watercraft, or in such motor vehicle or
other vehicle, may be put in peril, is guilty of a Class 4 felony. In the event
of the death of any such person, resulting from such malicious shooting or
throwing, the person so offending is guilty of murder in the second degree.
However, if the homicide is willful, deliberate, and premeditated, he is guilty
of murder in the first degree.</p>

<p>If any such act is committed unlawfully, but not maliciously,
the person so offending is guilty of a Class 6 felony and, in the event of the
death of any such person, resulting from such unlawful act, the person so
offending is guilty of involuntary manslaughter.</p>

<p>If any person commits a violation of this section by
maliciously or unlawfully shooting, with a firearm, at a conspicuously marked
law-enforcement, fire, or emergency medical services vehicle, the sentence
imposed shall include a<s class=str> mandatory minimum</s> term of imprisonment of one
year<s class=str> to be served consecutively with any other sentence</s>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-186.4">18.2-186.4</a>. Use of a person's identity with the intent to
coerce, intimidate, or harass; penalty.</p>

<p>It<s class=str> shall be</s><i class=new> is</i> unlawful for any person, with the
intent to coerce, intimidate, or harass another person, to publish the person's
name or photograph along with identifying information as defined in clauses
(iii) through (ix), or clause (xii) of subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-186.3">18.2-186.3</a>, or
identification of the person's primary residence address. Any person who
violates this section is guilty of a Class 1 misdemeanor.</p>

<p>Any person who violates this section knowing or having reason
to know that person is a law-enforcement officer, as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/9.1-101">9.1-101</a>, is
guilty of a Class 6 felony.<s class=str> The sentence shall include a mandatory minimum
term of confinement of six months.</s></p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-248">18.2-248</a>. Manufacturing, selling, giving, distributing, or
possessing with intent to manufacture, sell, give, or distribute a controlled
substance or an imitation controlled substance prohibited; penalties.</p>

<p>A. Except as authorized in the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a>
et seq.), it<s class=str> shall be</s><i class=new> is</i> unlawful for any person to manufacture,
sell, give, distribute, or possess with intent to manufacture, sell, give or
distribute a controlled substance or an imitation controlled substance.</p>

<p>B. In determining whether any person intends to manufacture,
sell, give or distribute an imitation controlled substance, the court may consider,
in addition to all other relevant evidence, whether any distribution or
attempted distribution of such pill, capsule, tablet or substance in any other
form whatsoever included an exchange of or a demand for money or other property
as consideration, and, if so, whether the amount of such consideration was
substantially greater than the reasonable value of such pill, capsule, tablet
or substance in any other form whatsoever, considering the actual chemical
composition of such pill, capsule, tablet or substance in any other form
whatsoever and, where applicable, the price at which over-the-counter
substances of like chemical composition sell.</p>

<p>C. Except as provided in subsection C1, any person who
violates this section with respect to a controlled substance classified in
Schedule I or II shall upon conviction be imprisoned for not less than five nor
more than 40 years and fined not more than $500,000. Upon a second conviction
of such a violation, and it is alleged in the warrant, indictment, or information
that the person has been before convicted of such an offense or of a
substantially similar offense in any other jurisdiction, which offense would be
a felony if committed in the Commonwealth, and such prior conviction occurred
before the date of the offense alleged in the warrant, indictment, or
information, any such person may, in the discretion of the court or jury
imposing the sentence, be sentenced to imprisonment for life or for any period
not less than five years<s class=str>, three years of which shall be a mandatory minimum
term of imprisonment to be served consecutively with any other sentence,</s>
and he shall be fined not more than $500,000.</p>

<p>When a person is convicted of a third or subsequent offense
under this subsection and it is alleged in the warrant, indictment<i class=new>,</i> or
information that he has been before convicted of two or more such offenses or
of substantially similar offenses in any other jurisdiction which offenses
would be felonies if committed in the Commonwealth and such prior convictions
occurred before the date of the offense alleged in the warrant, indictment, or
information, he shall be sentenced to imprisonment for life or for a period of
not less than 10 years<s class=str>, 10 years of which shall be a mandatory minimum term
of imprisonment to be served consecutively with any other sentence,</s> and he
shall be fined not more than $500,000.</p>

<p>Any person who manufactures, sells, gives, distributes<i class=new>,</i>
or possesses with the intent to manufacture, sell, give, or distribute the
following is guilty of a felony punishable by a fine of not more than $1
million and imprisonment for five years to life<s class=str>, five years of which shall
be a mandatory minimum term of imprisonment to be served consecutively with any
other sentence</s>:</p>

<p>1. 100 grams or more of a mixture or substance containing a detectable
amount of heroin;</p>

<p>2. 500 grams or more of a mixture or substance containing a
detectable amount of:</p>

<p>a. Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their salts have
been removed;</p>

<p>b. Cocaine, its salts, optical and geometric isomers, and
salts of isomers;</p>

<p>c. Ecgonine, its derivatives, their salts, isomers, and salts
of isomers; or</p>

<p>d. Any compound, mixture, or preparation that contains any
quantity of any of the substances referred to in subdivisions 2 a through 2 c;</p>

<p>3. 250 grams or more of a mixture or substance described in
subdivisions 2 a through 2 d that contain cocaine base; or</p>

<p>4. 10 grams or more of methamphetamine, its salts, isomers, or
salts of its isomers or 20 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers.</p>

<p><s class=str>The mandatory minimum term of imprisonment to be imposed
for a violation of this subsection shall not be applicable if the court finds
that:</s></p>

<p><s class=str>a. The person does not have a prior conviction for an
offense listed in subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/17.1-805">17.1-805</a>;</s></p>

<p><s class=str>b. The person did not use violence or credible threats of
violence or possess a firearm or other dangerous weapon in connection with the offense
or induce another participant in the offense to do so;</s></p>

<p><s class=str>c. The offense did not result in death or serious bodily
injury to any person;</s></p>

<p><s class=str>d. The person was not an organizer, leader, manager, or
supervisor of others in the offense, and was not engaged in a continuing
criminal enterprise as defined in subsection I; and</s></p>

<p><s class=str>e. Not later than the time of the sentencing hearing, the
person has truthfully provided to the Commonwealth all information and evidence
the person has concerning the offense or offenses that were part of the same
course of conduct or of a common scheme or plan, but the fact that the person
has no relevant or useful other information to provide or that the Commonwealth
already is aware of the information shall not preclude a determination by the
court that the defendant has complied with this requirement.</s></p>

<p>C1. Any person who violates this section with respect to the
manufacturing of methamphetamine, its salts, isomers, or salts of its isomers
or less than 200 grams of a mixture or substance containing a detectable amount
of methamphetamine, its salts, isomers, or salts of its isomers shall, upon
conviction, be imprisoned for not less than 10 nor more than 40 years and fined
not more than $500,000. Upon a second conviction of such a violation, any such
person may, in the discretion of the court or jury imposing the sentence, be
sentenced to imprisonment for life or for any period not less than 10 years,
and be fined not more than $500,000. When a person is convicted of a third or
subsequent offense under this subsection and it is alleged in the warrant,
indictment, or information that he has been previously convicted of two or more
such offenses or of substantially similar offenses in any other jurisdiction,
which offenses would be felonies if committed in the Commonwealth and such
prior convictions occurred before the date of the offense alleged in the
warrant, indictment, or information, he shall be sentenced to imprisonment for
life or for a period not less than 10 years<s class=str>, three years of which shall be a
mandatory minimum term of imprisonment to be served consecutively with any
other sentence</s> and he shall be fined not more than $500,000.</p>

<p>Upon conviction, in addition to any other punishment, a person
found guilty of this offense shall be ordered by the court to make restitution,
as the court deems appropriate, to any innocent property owner whose property
is damaged, destroyed, or otherwise rendered unusable as a result of such
methamphetamine production. This restitution shall include the person's or his
estate's estimated or actual expenses associated with cleanup, removal, or
repair of the affected property. If the property that is damaged, destroyed, or
otherwise rendered unusable as a result of such methamphetamine production is
property owned in whole or in part by the person convicted, the court shall
order the person to pay to the Methamphetamine Cleanup Fund authorized in &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-248.04">18.2-248.04</a> the reasonable estimated or actual expenses associated with
cleanup, removal, or repair of the affected property or, if actual or estimated
expenses cannot be determined, the sum of $10,000. The convicted person shall
also pay the cost of certifying that any building that is cleaned up or
repaired pursuant to this section is safe for human occupancy according to the
guidelines established pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/32.1-11.7">32.1-11.7</a>.</p>

<p>D. If such person proves that he gave, distributed<i class=new>,</i> or
possessed with intent to give or distribute a controlled substance classified in
Schedule I or II only as an accommodation to another individual who is not an
inmate in a community correctional facility, local correctional facility<i class=new>,</i>
or state correctional facility as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-1">53.1-1</a> or in the custody of an
employee thereof, and not with intent to profit thereby from any consideration
received or expected nor to induce the recipient or intended recipient of the
controlled substance to use or become addicted to or dependent upon such
controlled substance, he<s class=str> shall be</s><i class=new> is</i> guilty of a Class 5 felony.</p>

<p>E. If the violation of the provisions of this article consists
of the filling by a pharmacist of the prescription of a person authorized under
this article to issue the same, which prescription has not been received in
writing by the pharmacist prior to the filling thereof, and such written
prescription is in fact received by the pharmacist within one week of the time
of filling the same, or if such violation consists of a request by such
authorized person for the filling by a pharmacist of a prescription which has
not been received in writing by the pharmacist and such prescription is, in
fact, written at the time of such request and delivered to the pharmacist
within one week thereof, either such offense shall constitute a Class 4
misdemeanor.</p>

<p>E1. Any person who violates this section with respect to a
controlled substance classified in Schedule III except for an anabolic steroid
classified in Schedule III, constituting a violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-248.5">18.2-248.5</a>,<s class=str> shall
be</s><i class=new> is</i> guilty of a Class 5 felony.</p>

<p>E2. Any person who violates this section with respect to a
controlled substance classified in Schedule IV<s class=str> shall be</s><i class=new> is</i> guilty
of a Class 6 felony.</p>

<p>E3. Any person who proves that he gave, distributed or
possessed with the intent to give or distribute a controlled substance
classified in Schedule III or IV, except for an anabolic steroid classified in
Schedule III, constituting a violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-248.5">18.2-248.5</a>, only as an
accommodation to another individual who is not an inmate in a community
correctional facility, local correctional facility or state correctional
facility as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-1">53.1-1</a> or in the custody of an employee thereof, and
not with the intent to profit thereby from any consideration received or
expected nor to induce the recipient or intended recipient of the controlled
substance to use or become addicted to or dependent upon such controlled
substance, is guilty of a Class 1 misdemeanor.</p>

<p>F. Any person who violates this section with respect to a
controlled substance classified in Schedule V or Schedule VI or an imitation
controlled substance which imitates a controlled substance classified in
Schedule V or Schedule VI<s class=str>, shall be</s><i class=new> is</i> guilty of a Class 1
misdemeanor.</p>

<p>G. Any person who violates this section with respect to an
imitation controlled substance which imitates a controlled substance classified
in Schedule I, II, III, or IV<s class=str> shall be</s><i class=new> is</i> guilty of a Class 6
felony. In any prosecution brought under this subsection, it is not a defense
to a violation of this subsection that the defendant believed the imitation
controlled substance to actually be a controlled substance.</p>

<p>H. Any person who manufactures, sells, gives, distributes<i class=new>,</i>
or possesses with the intent to manufacture, sell, give<i class=new>,</i> or distribute
the following:</p>

<p>1. 1.0 kilograms or more of a mixture or substance containing
a detectable amount of heroin;</p>

<p>2. 5.0 kilograms or more of a mixture or substance containing
a detectable amount of:</p>

<p>a. Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their salts have
been removed;</p>

<p>b. Cocaine, its salts, optical and geometric isomers, and
salts of isomers;</p>

<p>c. Ecgonine, its derivatives, their salts, isomers, and salts
of isomers; or</p>

<p>d. Any compound, mixture, or preparation<s class=str> which</s><i class=new> that</i>
contains any quantity of any of the substances referred to in subdivisions a
through c;</p>

<p>3. 2.5 kilograms or more of a mixture or substance described
in subdivision 2<s class=str> which contains</s><i class=new> that contains</i> cocaine base;</p>

<p>4. 100 kilograms or more of a mixture or substance containing
a detectable amount of marijuana; or</p>

<p>5. 100 grams or more of methamphetamine, its salts, isomers,
or salts of its isomers or 200 grams or more of a mixture or substance
containing a detectable amount of methamphetamine, its salts, isomers, or salts
of its isomers<s class=str> shall be</s><i class=new> is</i> guilty of a felony punishable by a
fine of not more than $1 million and imprisonment for 20 years to life<s class=str>, 20
years of which shall be a mandatory minimum sentence. Such mandatory minimum
sentence shall not be applicable if the court finds that (i) the person does
not have a prior conviction for an offense listed in subsection C of &sect;
<a href="http://law.lis.virginia.gov/vacode/17.1-805">17.1-805</a>; (ii) the person did not use violence or credible threats of violence
or possess a firearm or other dangerous weapon in connection with the offense
or induce another participant in the offense to do so; (iii) the offense did
not result in death or serious bodily injury to any person; (iv) the person was
not an organizer, leader, manager, or supervisor of others in the offense, and
was not engaged in a continuing criminal enterprise as defined in subsection I
of this section; and (v) not later than the time of the sentencing hearing, the
person has truthfully provided to the Commonwealth all information and evidence
the person has concerning the offense or offenses that were part of the same
course of conduct or of a common scheme or plan, but the fact that the person
has no relevant or useful other information to provide or that the Commonwealth
already is aware of the information shall not preclude a determination by the
court that the defendant has complied with this requirement</s>.</p>

<p>H1. Any person who was the principal or one of several
principal administrators, organizers<i class=new>,</i> or leaders of a continuing
criminal enterprise<s class=str> shall be</s><i class=new> is</i> guilty of a felony if (i) the
enterprise received at least $100,000 but less than $250,000 in gross receipts
during any 12-month period of its existence from the manufacture, importation,
or distribution of heroin or cocaine or ecgonine or methamphetamine or the
derivatives, salts, isomers, or salts of isomers thereof or marijuana or (ii)
the person engaged in the enterprise to manufacture, sell, give, distribute<i class=new>,</i>
or possess with the intent to manufacture, sell, give<i class=new>,</i> or distribute the
following during any 12-month period of its existence:</p>

<p>1. At least 1.0 kilograms but less than 5.0 kilograms of a
mixture or substance containing a detectable amount of heroin;</p>

<p>2. At least 5.0 kilograms but less than 10 kilograms of a
mixture or substance containing a detectable amount of:</p>

<p>a. Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their salts have
been removed;</p>

<p>b. Cocaine, its salts, optical and geometric isomers, and
salts of isomers;</p>

<p>c. Ecgonine, its derivatives, their salts, isomers, and salts
of isomers; or</p>

<p>d. Any compound, mixture, or preparation<s class=str> which</s><i class=new> that</i>
contains any quantity of any of the substances referred to in subdivisions a
through c;</p>

<p>3. At least 2.5 kilograms but less than 5.0 kilograms of a
mixture or substance described in subdivision 2<s class=str> which contains</s><i class=new> that
contains</i> cocaine base;</p>

<p>4. At least 100 kilograms but less than 250 kilograms of a
mixture or substance containing a detectable amount of marijuana; or</p>

<p>5. At least 100 grams but less than 250 grams of
methamphetamine, its salts, isomers, or salts of its isomers or at least 200
grams but less than 1.0 kilograms of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers.</p>

<p>A conviction under this section shall be punishable by a fine
of not more than $1 million and imprisonment for 20 years to life<s class=str>, 20 years
of which shall be a mandatory minimum sentence</s>.</p>

<p>H2. Any person who was the principal or one of several
principal administrators, organizers<i class=new>,</i> or leaders of a continuing
criminal enterprise if (i) the enterprise received $250,000 or more in gross
receipts during any 12-month period of its existence from the manufacture,
importation, or distribution of heroin or cocaine or ecgonine or methamphetamine
or the derivatives, salts, isomers, or salts of isomers thereof or marijuana or
(ii) the person engaged in the enterprise to manufacture, sell, give,
distribute<i class=new>,</i> or possess with the intent to manufacture, sell, give<i class=new>,</i>
or distribute the following during any 12-month period of its existence:</p>

<p>1. At least 5.0 kilograms of a mixture or substance containing
a detectable amount of heroin;</p>

<p>2. At least 10 kilograms of a mixture or substance containing
a detectable amount of:</p>

<p>a. Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their salts have
been removed;</p>

<p>b. Cocaine, its salts, optical and geometric isomers, and
salts of isomers;</p>

<p>c. Ecgonine, its derivatives, their salts, isomers, and salts
of isomers; or</p>

<p>d. Any compound, mixture, or preparation<s class=str> which</s><i class=new> that</i>
contains any quantity of any of the substances referred to in subdivisions a
through c;</p>

<p>3. At least 5.0 kilograms of a mixture or substance described
in subdivision 2<s class=str> which contains</s><i class=new> that contains</i> cocaine base;</p>

<p>4. At least 250 kilograms of a mixture or substance containing
a detectable amount of marijuana; or</p>

<p>5. At least 250 grams of methamphetamine, its salts, isomers,
or salts of its isomers or at least 1.0 kilograms of a mixture or substance
containing a detectable amount of methamphetamine, its salts, isomers, or salts
of its isomers<s class=str> shall be</s><i class=new> is</i> guilty of a felony punishable by a
fine of not more than $1 million and imprisonment for life<s class=str>, which shall be
served with no suspension in whole or in part</s>.<s class=str> Such punishment shall be
made to run consecutively with any other sentence</s>. However, the court may
impose a<s class=str> mandatory minimum</s> sentence of 40 years if the court finds that
the defendant substantially cooperated with law-enforcement authorities.</p>

<p>I. For purposes of this section, a person is engaged in a
continuing criminal enterprise if (i) he violates any provision of this
section, the punishment for which is a felony and either (ii) such violation is
a part of a continuing series of violations of this section which are
undertaken by such person in concert with five or more other persons with
respect to whom such person occupies a position of organizer, a supervisory
position, or any other position of management, and from which such person
obtains substantial income or resources or (iii) such violation is committed,
with respect to methamphetamine or other controlled substance classified in
Schedule I or II, for the benefit of, at the direction of, or in association
with any criminal street gang as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-46.1">18.2-46.1</a>.</p>

<p>J. Except as authorized in the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a>
et seq.), any person who possesses any two or more different substances listed
below with the intent to manufacture methamphetamine, methcathinone, or
amphetamine is guilty of a Class 6 felony: liquefied ammonia gas, ammonium
nitrate, ether, hypophosphorus acid solutions, hypophosphite salts,
hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone,
phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium,
sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium
dichromate, potassium permanganate, chromium trioxide, methylbenzene,
methamphetamine precursor drugs, trichloroethane, or 2-propanone.</p>

<p>K. The term &quot;methamphetamine precursor drug,&quot; when
used in this article, means a drug or product containing ephedrine,
pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers,
or salts of optical isomers.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-248.01">18.2-248.01</a>. Transporting controlled substances into the
Commonwealth; penalty.</p>

<p>Except as authorized in the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et
seq.) it is unlawful for any person to transport into the Commonwealth by any
means with intent to sell or distribute one ounce or more of cocaine, coca
leaves<i class=new>,</i> or any salt, compound, derivative or preparation thereof as
described in Schedule II of the Drug Control Act or one ounce or more of any
other Schedule I or II controlled substance or five or more pounds of
marijuana. A violation of this section shall constitute a separate and distinct
felony. Upon conviction, the person shall be sentenced to not less than five
years nor more than 40 years imprisonment<s class=str>, three years of which shall be a
mandatory minimum term of imprisonment,</s> and a fine not to exceed
$1,000,000. A second or subsequent conviction hereunder shall be punishable by
a<s class=str> mandatory minimum</s> term of imprisonment of<i class=new> not less than</i> 10
years<i class=new> nor more than 40 years</i><s class=str>, which shall be served consecutively
with any other sentence</s>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-248.03">18.2-248.03</a>. Manufacturing, selling, giving, distributing,
or possessing with intent to manufacture, sell, give, or distribute
methamphetamine; penalty.</p>

<p>A. Notwithstanding any other provision of law, any person who
manufactures, sells, gives, distributes, or possesses with intent to
manufacture, sell, give, or distribute 28 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its salts,
isomers, or salts of its isomers is guilty of a felony punishable by a fine of
not more than $500,000 and imprisonment for not less than five nor more than 40
years<s class=str>, three years of which shall be a mandatory minimum term of
imprisonment to be served consecutively with any other sentence</s>.</p>

<p>B. Notwithstanding any other provision of law, any person who
manufactures, sells, gives, distributes, or possesses with intent to
manufacture, sell, give, or distribute 227 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its salts,
isomers, or salts of its isomers is guilty of a felony punishable by a fine of
not more than $1 million and imprisonment for not less than five years nor more
than life<s class=str>, five years of which shall be a mandatory minimum term of
imprisonment to be served consecutively with any other sentence</s>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-248.1">18.2-248.1</a>. Penalties for sale, gift, distribution or
possession with intent to sell, give or distribute marijuana.</p>

<p>Except as authorized in the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et
seq.), it is unlawful for any person to sell, give, distribute<i class=new>,</i> or
possess with intent to sell, give, or distribute marijuana.</p>

<p>(a) Any person who violates this section with respect to:</p>

<p>(1) Not more than one ounce of marijuana is guilty of a Class
1 misdemeanor;</p>

<p>(2) More than one ounce but not more than five pounds of
marijuana is guilty of a Class 5 felony;</p>

<p>(3) More than five pounds of marijuana is guilty of a felony
punishable by imprisonment of not less than five nor more than 30 years.</p>

<p>There shall be a rebuttable presumption that a person who
possesses no more than one ounce of marijuana possesses it for personal use.</p>

<p>If such person proves that he gave, distributed, or possessed
with intent to give or distribute marijuana only as an accommodation to another
individual and not with intent to profit thereby from any consideration received
or expected nor to induce the recipient or intended recipient of the marijuana
to use or become addicted to or dependent upon such marijuana, he is guilty of
a Class 1 misdemeanor.</p>

<p>(b) Any person who gives, distributes, or possesses marijuana
as an accommodation and not with intent to profit thereby, to an inmate of a
state or local correctional facility, as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-1">53.1-1</a>, or in the custody
of an employee thereof is guilty of a Class 4 felony.</p>

<p>(c) Any person who manufactures marijuana, or possesses
marijuana with the intent to manufacture such substance, not for his own use is
guilty of a felony punishable by imprisonment of not less than five nor more
than 30 years and a fine not to exceed $10,000.</p>

<p>(d) When a person is convicted of a third or subsequent felony
offense under this section and it is alleged in the warrant, indictment<i class=new>,</i>
or information that he has been before convicted of two or more felony offenses
under this section or of substantially similar offenses in any other
jurisdiction which offenses would be felonies if committed in the Commonwealth,
and such prior convictions occurred before the date of the offense alleged in
the warrant, indictment, or information, he shall be sentenced to imprisonment
for life or for any period not less than five years<s class=str>, five years of which
shall be a mandatory minimum term of imprisonment to be served consecutively
with any other sentence and he shall be fined not more than $500,000</s>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-248.5">18.2-248.5</a>. Illegal stimulants and steroids; penalty.</p>

<p>A. Except as authorized in the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a>
et seq.), Chapter 34 of Title 54.1, it<s class=str> shall be</s><i class=new> is</i> unlawful for
any person to knowingly manufacture, sell, give, distribute<i class=new>,</i> or possess
with intent to manufacture, sell, give<i class=new>,</i> or distribute any anabolic
steroid.</p>

<p>A violation of subsection A shall be punishable by a term of
imprisonment of not less than one year nor more than 10 years or, in the
discretion of the jury or the court trying the case without a jury, confinement
in jail for not more than 12 months or a fine of not more than $20,000, either
or both.<s class=str> Any person violating the provisions of this subsection shall, upon
conviction, be incarcerated for a mandatory minimum term of six months to be
served consecutively with any other sentence.</s></p>

<p>B. It<s class=str> shall be</s><i class=new> is</i> unlawful for any person to
knowingly sell or otherwise distribute, without prescription, to a minor any
pill, capsule<i class=new>,</i> or tablet containing any combination of caffeine and
ephedrine sulfate.</p>

<p>A violation of this subsection B shall be punishable as a
Class 1 misdemeanor.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-255">18.2-255</a>. Distribution of certain drugs to persons under 18
prohibited; penalty.</p>

<p>A. Except as authorized in the Drug Control Act, Chapter 34 (&sect;
<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et seq.) of Title 54.1, it<s class=str> shall be</s><i class=new> is</i> unlawful for any
person who is at least 18 years of age to knowingly or intentionally (i)
distribute any drug classified in Schedule I, II, III<i class=new>,</i> or IV or
marijuana to any person under 18 years of age who is at least three years his
junior or (ii) cause any person under 18 years of age to assist in such
distribution of any drug classified in Schedule I, II, III<i class=new>,</i> or IV or
marijuana. Any person violating this provision shall upon conviction be
imprisoned in a state correctional facility for a period not less than 10 nor
more than 50 years<s class=str>,</s> and fined not more than $100,000.<s class=str> Five years of
the sentence imposed for a conviction under this section involving a Schedule I
or II controlled substance or one ounce or more of marijuana shall be a mandatory
minimum sentence. Two years of the sentence imposed for a conviction under this
section involving less than one ounce of marijuana shall be a mandatory minimum
sentence.</s></p>

<p>B. It<s class=str> shall be</s><i class=new> is</i> unlawful for any person who is
at least 18 years of age to knowingly or intentionally (i) distribute any
imitation controlled substance to a person under 18 years of age who is at
least three years his junior or (ii) cause any person under 18 years of age to
assist in such distribution of any imitation controlled substance. Any person
violating this provision<s class=str> shall be</s><i class=new> is</i> guilty of a Class 6 felony.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-255.2">18.2-255.2</a>. Prohibiting the sale or manufacture of drugs on
or near certain properties; penalty.</p>

<p>A. It<s class=str> shall be</s><i class=new> is</i> unlawful for any person to
manufacture, sell or distribute or possess with intent to sell, give or
distribute any controlled substance, imitation controlled substance, or
marijuana while:</p>

<p>1. Upon the property, including buildings and grounds, of any
public or private elementary or secondary school, any institution of higher
education, or any clearly marked licensed child day center as defined in &sect;
<a href="http://law.lis.virginia.gov/vacode/22.1-289.02">22.1-289.02</a>;</p>

<p>2. Upon public property or any property open to public use
within 1,000 feet of the property described in subdivision 1;</p>

<p>3. On any school bus as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-100">46.2-100</a>;</p>

<p>4. Upon a designated school bus stop, or upon either public
property or any property open to public use which is within 1,000 feet of such
school bus stop, during the time when school children are waiting to be picked
up and transported to or are being dropped off from school or a
school-sponsored activity;</p>

<p>5. Upon the property, including buildings and grounds, of any
publicly owned or publicly operated recreation or community center facility or
any public library; or</p>

<p>6. Upon the property of any state facility as defined in &sect;
<a href="http://law.lis.virginia.gov/vacode/37.2-100">37.2-100</a> or upon public property or property open to public use within 1,000
feet of such an institution. It is a violation of the provisions of this
section if the person possessed the controlled substance, imitation controlled
substance, or marijuana on the property described in subdivisions 1 through 6,
regardless of where the person intended to sell, give or distribute the
controlled substance, imitation controlled substance, or marijuana. Nothing in
this section shall prohibit the authorized distribution of controlled
substances.</p>

<p>B. Violation of this section shall constitute a separate and
distinct felony. Any person violating the provisions of this section shall,
upon conviction, be imprisoned for a term of not less than one year nor more
than five years and fined not more than $100,000.<s class=str> A second or subsequent
conviction hereunder for an offense involving a controlled substance classified
in Schedule I, II, or III of the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et seq.) or more
than one-half ounce of marijuana shall be punished by a mandatory minimum term
of imprisonment of one year to be served consecutively with any other sentence.</s>
However, if such person proves that he sold such controlled substance or
marijuana only as an accommodation to another individual and not with intent to
profit thereby from any consideration received or expected nor to induce the
recipient or intended recipient of the controlled substance or marijuana to use
or become addicted to or dependent upon such controlled substance or marijuana,
he is guilty of a Class 1 misdemeanor.</p>

<p>C. If a person commits an act violating the provisions of this
section, and the same act also violates another provision of law that provides
for penalties greater than those provided for by this section, then nothing in
this section shall prohibit or bar any prosecution or proceeding under that
other provision of law or the imposition of any penalties provided for thereby.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-270">18.2-270</a>. Penalty for driving while intoxicated; subsequent
offense; prior conviction.</p>

<p>A. Except as otherwise provided herein, any person violating
any provision of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a><s class=str> shall be</s><i class=new> is</i> guilty of a Class 1
misdemeanor with a mandatory minimum fine of $250.<s class=str> If the person's blood
alcohol level as indicated by the chemical test administered as provided in
this article or by any other scientifically reliable chemical test performed on
whole blood under circumstances reliably establishing the identity of the
person who is the source of the blood and the accuracy of the results (i) was
at least 0.15, but not more than 0.20, he shall be confined in jail for an
additional mandatory minimum period of five days or, (ii) if the level was more
than 0.20, for an additional mandatory minimum period of 10 days.</s></p>

<p>B. 1. Any person convicted of a second offense committed
within less than five years after a prior offense under &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> shall upon
conviction of the second offense be punished by a mandatory minimum fine of
$500 and by confinement in jail for not less than one month nor more than one
year.<s class=str> Twenty days of such confinement shall be a mandatory minimum sentence.</s></p>

<p>2. Any person convicted of a second offense committed within a
period of five to 10 years of a prior offense under &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> shall upon
conviction of the second offense be punished by a mandatory minimum fine of
$500 and by confinement in jail for not less than one month.<s class=str> Ten days of
such confinement shall be a mandatory minimum sentence.</s></p>

<p><s class=str>3. Upon conviction of a second offense within 10 years of a
prior offense, if the person's blood alcohol level as indicated by the chemical
test administered as provided in this article or by any other scientifically
reliable chemical test performed on whole blood under circumstances reliably
establishing the identity of the person who is the source of the blood and the
accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall
be confined in jail for an additional mandatory minimum period of 10 days or,
(ii) if the level was more than 0.20, for an additional mandatory minimum
period of 20 days. In addition, such person shall be fined a mandatory minimum
fine of $500.</s></p>

<p>C. 1. Any person convicted of three offenses of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>
committed within a 10-year period<s class=str> shall</s><i class=new> is</i> upon conviction of the
third offense<s class=str> be</s> guilty of a Class 6 felony. The sentence of any person
convicted of three offenses of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> committed within a 10-year period
shall include a<s class=str> mandatory minimum</s> sentence of 90 days, unless the three
offenses were committed within a five-year period, in which case the sentence
shall include a<s class=str> mandatory minimum</s> sentence of confinement for six
months. In addition, such person shall be fined a mandatory minimum fine of
$1,000.</p>

<p>2. A person who has been convicted of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-36.2">18.2-36.2</a>,
<a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a>,<i class=new> or</i> <a href="http://law.lis.virginia.gov/vacode/18.2-51.5">18.2-51.5</a><s class=str>,</s> or a felony violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a><s class=str>
shall</s><i class=new> is</i> upon conviction of a subsequent violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a><s class=str>
be</s> guilty of a Class 6 felony. The punishment of any person convicted of
such a subsequent violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> shall include a<s class=str> mandatory minimum</s>
term of imprisonment of one year and a mandatory minimum fine of $1,000.</p>

<p>3. The punishment of any person convicted of a fourth or
subsequent offense of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> committed within a 10-year period shall, upon
conviction, include a<s class=str> mandatory minimum</s> term of imprisonment of one
year. In addition, such person shall be fined a mandatory minimum fine of
$1,000.</p>

<p>4. The vehicle solely owned and operated by the accused during
the commission of a felony violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> shall be subject to seizure
and forfeiture. After an arrest for a felony violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, the
Commonwealth may file an information in accordance with &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-386.34">19.2-386.34</a>.</p>

<p>D. In addition to the penalty otherwise authorized by this
section or &sect;<a href="http://law.lis.virginia.gov/vacode/16.1-278.9">16.1-278.9</a>, any person convicted of a violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>
committed while transporting a person 17 years of age or younger shall be (i)
fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced
to a<s class=str> mandatory minimum</s> period of confinement of five days.</p>

<p>E. For the purpose of determining the number of offenses
committed by, and the punishment appropriate for, a person under this section,
an adult conviction of any person, or finding of guilty in the case of a
juvenile, under the following shall be considered a conviction of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>: (i)
the provisions of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a> or the substantially similar laws of any other
state or of the United States, (ii) the provisions of<s class=str> &sect;&sect;</s><i class=new> &sect;</i>
<a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a><s class=str>,</s><i class=new> or</i> <a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, former &sect;<a href="http://law.lis.virginia.gov/vacode/18.1-54">18.1-54</a> (formerly &sect;<a href="http://law.lis.virginia.gov/vacode/18-75">18-75</a>), the
ordinance of any county, city or town in this Commonwealth or the laws of any
other state or of the United States substantially similar to the provisions of
&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a><s class=str>,</s> or<s class=str> &sect;</s> <a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, or (iii) the provisions of subsection
A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> or the substantially similar laws of any other state or of
the United States.</p>

<p><s class=str>F. Mandatory minimum punishments imposed pursuant to this
section shall be cumulative, and mandatory minimum terms of confinement shall
be served consecutively. However, in no case shall punishment imposed hereunder
exceed the applicable statutory maximum Class 1 misdemeanor term of confinement
or fine upon conviction of a first or second offense, or Class 6 felony term of
confinement or fine upon conviction of a third or subsequent offense.</s></p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1">18.2-308.1</a>. Possession of firearm, stun weapon, or other
weapon on school property prohibited; penalty.</p>

<p>A. If any person knowingly possesses any (i) stun weapon as
defined in this section; (ii) knife, except a pocket knife having a folding
metal blade of less than three inches; or (iii) weapon, including a weapon of
like kind, designated in subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308">18.2-308</a>, other than a firearm; upon
(a) the property of any child day center or public, private, or religious
preschool, elementary, middle, or high school, including buildings and grounds;
(b) that portion of any property open to the public and then exclusively used
for school-sponsored functions or extracurricular activities while such
functions or activities are taking place; or (c) any school bus owned or
operated by any such school, he is guilty of a Class 1 misdemeanor.</p>

<p>B. If any person knowingly possesses any firearm designed or
intended to expel a projectile by action of an explosion of a combustible
material while such person is upon (i) the property of any child day center or
public, private, or religious preschool, elementary, middle, or high school,
including buildings and grounds; (ii) that portion of any property open to the
public and then exclusively used for school-sponsored functions or
extracurricular activities while such functions or activities are taking place;
or (iii) any school bus owned or operated by any such school, he is guilty of a
Class 6 felony.</p>

<p>C. If any person knowingly possesses any firearm designed or
intended to expel a projectile by action of an explosion of a combustible
material within the building of a child day center or public, private, or
religious preschool, elementary, middle, or high school and intends to use, or
attempts to use, such firearm, or displays such weapon in a threatening manner,
such person is guilty of a Class 6 felony<s class=str> and sentenced to a mandatory
minimum term of imprisonment of five years to be served consecutively with any
other sentence</s>.</p>

<p>D. The child day center and private or religious preschool
provisions of this section (i) shall apply only during the operating hours of
such child day center or private or religious preschool and (ii) shall not
apply to any person (a) whose residence is on the property of a child day
center or a private or religious preschool and (b) who possesses a firearm or
other weapon prohibited under this section while in his residence.</p>

<p>E. The exemptions set out in &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308">18.2-308</a> and <a href="http://law.lis.virginia.gov/vacode/18.2-308.016">18.2-308.016</a>
shall apply, mutatis mutandis, to the provisions of this section. The provisions
of this section shall not apply to (i) persons who possess such weapon or
weapons as a part of the school's curriculum or activities; (ii) a person
possessing a knife customarily used for food preparation or service and using
it for such purpose; (iii) persons who possess such weapon or weapons as a part
of any program sponsored or facilitated by either the school or any
organization authorized by the school to conduct its programs either on or off
the school premises; (iv) any law-enforcement officer, or retired
law-enforcement officer qualified pursuant to subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.016">18.2-308.016</a>;
(v) any person who possesses a knife or blade which he uses customarily in his
trade; (vi) a person who possesses an unloaded firearm or a stun weapon that is
in a closed container, or a knife having a metal blade, in or upon a motor
vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor
vehicle; (vii) a person who has a valid concealed handgun permit and possesses
a concealed handgun or a stun weapon while in a motor vehicle in a parking lot,
traffic circle, or other means of vehicular ingress or egress to the school;
(viii) a school security officer authorized to carry a firearm pursuant to &sect;
<a href="http://law.lis.virginia.gov/vacode/22.1-280.2:1">22.1-280.2:1</a>; or (ix) an armed security officer, licensed pursuant to Article 4
(&sect;<a href="http://law.lis.virginia.gov/vacode/9.1-138">9.1-138</a> et seq.) of Chapter 1 of Title 9.1, hired by a child day center or a
private or religious school for the protection of students and employees as
authorized by such school. For the purposes of this subsection, &quot;weapon&quot;
includes a knife having a metal blade of three inches or longer and
&quot;closed container&quot; includes a locked vehicle trunk.</p>

<p>F. Nothing in subsection E or any other provision of law shall
be construed as providing an exemption to the provisions of this section for a
special conservator of the peace appointed pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-13">19.2-13</a>, other than
the specifically enumerated exemptions that apply to the general population as
provided in subsection E.</p>

<p>G. As used in this section:</p>

<p>&quot;Child day center&quot; means a child day center, as
defined in &sect;<a href="http://law.lis.virginia.gov/vacode/22.1-289.02">22.1-289.02</a>, that is licensed in accordance with the provisions of
Chapter 14.1 (&sect;<a href="http://law.lis.virginia.gov/vacode/22.1-289.02">22.1-289.02</a> et seq.) of Title 22.1 and is not operated at the
residence of the provider or of any of the children.</p>

<p>&quot;Stun weapon&quot; means any device that emits a
momentary or pulsed output, which is electrical, audible, optical or
electromagnetic in nature and which is designed to temporarily incapacitate a
person.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.2">18.2-308.2</a>. Possession or transportation of firearms,
firearms ammunition, stun weapons, explosives or concealed weapons by convicted
felons; penalties; petition for restoration order; when issued.</p>

<p>A. It<s class=str> shall be</s><i class=new> is</i> unlawful for (i) any person
who has been convicted of a felony; (ii) any person adjudicated delinquent as a
juvenile 14 years of age or older at the time of the offense of murder in
violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-31">18.2-31</a> or <a href="http://law.lis.virginia.gov/vacode/18.2-32">18.2-32</a>, kidnapping in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-47">18.2-47</a>,
robbery by the threat or presentation of firearms in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-58">18.2-58</a>, or
rape in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-61">18.2-61</a>; or (iii) any person under the age of 29 who was
adjudicated delinquent as a juvenile 14 years of age or older at the time of
the offense of a delinquent act which would be a felony if committed by an
adult, other than those felonies set forth in clause (ii), whether such conviction
or adjudication occurred under the laws of the Commonwealth, or any other
state, the District of Columbia, the United States or any territory thereof, to
knowingly and intentionally possess or transport any firearm or ammunition for
a firearm, any stun weapon as defined by &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1">18.2-308.1</a>, or any explosive
material, or to knowingly and intentionally carry about his person, hidden from
common observation, any weapon described in subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308">18.2-308</a>.
However, such person may possess in his residence or the curtilage thereof a
stun weapon as defined by &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1">18.2-308.1</a>. Any person who violates this section<s class=str>
shall be</s><i class=new> is</i> guilty of a Class 6 felony.<s class=str> However, any person who
violates this section by knowingly and intentionally possessing or transporting
any firearm and who was previously convicted of a violent felony as defined in
&sect;<a href="http://law.lis.virginia.gov/vacode/17.1-805">17.1-805</a> shall be sentenced to a mandatory minimum term of imprisonment of
five years. Any person who violates this section by knowingly and intentionally
possessing or transporting any firearm and who was previously convicted of any
other felony within the prior 10 years shall be sentenced to a mandatory
minimum term of imprisonment of two years. The mandatory minimum terms of
imprisonment prescribed for violations of this section shall be served
consecutively with any other sentence.</s></p>

<p>B. The prohibitions of subsection A shall not apply to (i) any
person who possesses a firearm, ammunition for a firearm, explosive material or
other weapon while carrying out his duties as a member of the Armed Forces of
the United States or of the National Guard of Virginia or of any other state,
(ii) any law-enforcement officer in the performance of his duties, (iii) any
person who has been pardoned or whose political disabilities have been removed
pursuant to Article V, Section 12 of the Constitution of Virginia provided the
Governor, in the document granting the pardon or removing the person's
political disabilities, may expressly place conditions upon the reinstatement
of the person's right to ship, transport, possess or receive firearms, (iv) any
person whose right to possess firearms or ammunition has been restored under
the law of another state subject to conditions placed upon the reinstatement of
the person's right to ship, transport, possess, or receive firearms by such
state, or (v) any person adjudicated delinquent as a juvenile who has completed
a term of service of no less than two years in the Armed Forces of the United
States and, if such person has been discharged from the Armed Forces of the
United States, received an honorable discharge and who is not otherwise
prohibited under clause (i) or (ii) of subsection A.</p>

<p>C. Any person prohibited from possessing, transporting, or
carrying a firearm, ammunition for a firearm, or a stun weapon under subsection
A may petition the circuit court of the jurisdiction in which he resides or, if
the person is not a resident of the Commonwealth, the circuit court of any
county or city where such person was last convicted of a felony or adjudicated
delinquent of a disqualifying offense pursuant to subsection A, for a
restoration order that unconditionally authorizes possessing, transporting, or
carrying a firearm, ammunition for a firearm, or a stun weapon; however, no
person who has been convicted of a felony shall be qualified to petition for
such an order unless his civil rights have been restored by the Governor or
other appropriate authority. A copy of the petition shall be mailed or
delivered to the attorney for the Commonwealth for the jurisdiction where the
petition was filed who shall be entitled to respond and represent the interests
of the Commonwealth. The court shall conduct a hearing if requested by either
party. The court may, in its discretion and for good cause shown, grant such
petition and issue a restoration order. Such order shall contain the
petitioner's name and date of birth. The clerk shall certify and forward
forthwith to the Central Criminal Records Exchange (CCRE), on a form provided
by the CCRE, a copy of the order to be accompanied by a complete set of the
petitioner's fingerprints. The Department of State Police shall forthwith enter
the petitioner's name and description in the CCRE so that the order's existence
will be made known to law-enforcement personnel accessing the computerized criminal
history records for investigative purposes. The provisions of this section
relating to firearms, ammunition for a firearm, and stun weapons shall not
apply to any person who has been issued a restoration order pursuant to this
subsection.</p>

<p>C1. Any person who was prohibited from possessing,
transporting or carrying explosive material under subsection A may possess,
transport or carry such explosive material if his right to possess, transport
or carry explosive material has been restored pursuant to federal law.</p>

<p>C2. The prohibitions of subsection A shall not prohibit any
person other than a person convicted of an act of violence as defined in &sect;
<a href="http://law.lis.virginia.gov/vacode/19.2-297.1">19.2-297.1</a> or a violent felony as defined in subsection C of &sect;<a href="http://law.lis.virginia.gov/vacode/17.1-805">17.1-805</a> from
possessing, transporting, or carrying (i) antique firearms or (ii) black powder
in a quantity not exceeding five pounds if it is intended to be used solely for
sporting, recreational, or cultural purposes in antique firearms. For the
purposes of this subsection, &quot;antique firearms&quot; means any firearm
described in subdivision 3 of the definition of &quot;antique firearm&quot; in
subsection F of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.2:2">18.2-308.2:2</a>.</p>

<p>D. For the purpose of this section:</p>

<p>&quot;Ammunition for a firearm&quot; means the combination of
a cartridge, projectile, primer, or propellant designed for use in a firearm
other than an antique firearm as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.2:2">18.2-308.2:2</a>.</p>

<p>&quot;Explosive material&quot; means any chemical compound
mixture, or device, the primary or common purpose of which is to function by
explosion; the term includes, but is not limited to, dynamite and other high
explosives, black powder, pellet powder, smokeless gun powder, detonators,
blasting caps and detonating cord but shall not include fireworks or
permissible fireworks as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/27-95">27-95</a>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.2:2">18.2-308.2:2</a>. Criminal history record information check
required for the transfer of certain firearms.</p>

<p>A. Any person purchasing from a dealer a firearm as herein
defined shall consent in writing, on a form to be provided by the Department of
State Police, to have the dealer obtain criminal history record information.
Such form shall include only the written consent; the name, birth date, gender,
race, citizenship, and social security number and/or any other identification
number; the number of firearms by category intended to be sold, rented, traded,
or transferred; and answers by the applicant to the following questions: (i)
has the applicant been convicted of a felony offense or a misdemeanor offense
listed in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1:8">18.2-308.1:8</a> or found guilty or adjudicated delinquent as a
juvenile 14 years of age or older at the time of the offense of a delinquent
act that if committed by an adult would be a felony or a misdemeanor listed in
&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1:8">18.2-308.1:8</a>; (ii) is the applicant subject to a court order restraining the
applicant from harassing, stalking, or threatening the applicant's child or
intimate partner, or a child of such partner, or is the applicant subject to a
protective order; (iii) has the applicant ever been acquitted by reason of
insanity and prohibited from purchasing, possessing, or transporting a firearm
pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1:1">18.2-308.1:1</a> or any substantially similar law of any other
jurisdiction, been adjudicated legally incompetent, mentally incapacitated, or
adjudicated an incapacitated person and prohibited from purchasing a firearm
pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1:2">18.2-308.1:2</a> or any substantially similar law of any other
jurisdiction, been involuntarily admitted to an inpatient facility or
involuntarily ordered to outpatient mental health treatment and prohibited from
purchasing a firearm pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1:3">18.2-308.1:3</a> or any substantially similar
law of any other jurisdiction, or been the subject of a temporary detention
order pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/37.2-809">37.2-809</a> and subsequently agreed to a voluntary admission
pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/37.2-805">37.2-805</a>; and (iv) is the applicant subject to an emergency
substantial risk order or a substantial risk order entered pursuant to &sect;
<a href="http://law.lis.virginia.gov/vacode/19.2-152.13">19.2-152.13</a> or <a href="http://law.lis.virginia.gov/vacode/19.2-152.14">19.2-152.14</a> and prohibited from purchasing, possessing, or
transporting a firearm pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.1:6">18.2-308.1:6</a> or any substantially similar
law of any other jurisdiction.</p>

<p>B. 1. No dealer shall sell, rent, trade, or transfer from his
inventory any such firearm to any other person who is a resident of Virginia
until he has (i) obtained written consent and the other information on the
consent form specified in subsection A, and provided the Department of State
Police with the name, birth date, gender, race, citizenship, and social
security and/or any other identification number and the number of firearms by
category intended to be sold, rented, traded, or transferred and (ii) requested
criminal history record information by a telephone call to or other
communication authorized by the State Police and is authorized by subdivision 2
to complete the sale or other such transfer. To establish personal
identification and residence in Virginia for purposes of this section, a dealer
must require any prospective purchaser to present one photo-identification form
issued by a governmental agency of the Commonwealth or by the United States
Department of Defense that demonstrates that the prospective purchaser resides
in Virginia. For the purposes of this section and establishment of residency
for firearm purchase, residency of a member of the armed forces shall include
both the state in which the member's permanent duty post is located and any
nearby state in which the member resides and from which he commutes to the
permanent duty post. A member of the armed forces whose photo identification
issued by the Department of Defense does not have a Virginia address may
establish his Virginia residency with such photo identification and either
permanent orders assigning the purchaser to a duty post, including the
Pentagon, in Virginia or the purchaser's Leave and Earnings Statement. When the
photo identification presented to a dealer by the prospective purchaser is a
driver's license or other photo identification issued by the Department of
Motor Vehicles, and such identification form contains a date of issue, the
dealer shall not, except for a renewed driver's license or other photo
identification issued by the Department of Motor Vehicles, sell or otherwise
transfer a firearm to the prospective purchaser until 30 days after the date of
issue of an original or duplicate driver's license unless the prospective
purchaser also presents a copy of his Virginia Department of Motor Vehicles
driver's record showing that the original date of issue of the driver's license
was more than 30 days prior to the attempted purchase.</p>

<p>In addition, no dealer shall sell, rent, trade, or transfer
from his inventory any assault firearm to any person who is not a citizen of
the United States or who is not a person lawfully admitted for permanent
residence.</p>

<p>Upon receipt of the request for a criminal history record
information check, the State Police shall (a) review its criminal history
record information to determine if the buyer or transferee is prohibited from
possessing or transporting a firearm by state or federal law, (b) inform the
dealer if its record indicates that the buyer or transferee is so prohibited,
and (c) provide the dealer with a unique reference number for that inquiry.</p>

<p>2. The State Police shall provide its response to the
requesting dealer during the dealer's request or by return call without delay.
A dealer who fulfills the requirements of subdivision 1 and is told by the
State Police that a response will not be available by the end of the dealer's
fifth business day may immediately complete the sale or transfer and shall not
be deemed in violation of this section with respect to such sale or transfer.</p>

<p>3. Except as required by subsection D of &sect;<a href="http://law.lis.virginia.gov/vacode/9.1-132">9.1-132</a>, the State
Police shall not maintain records longer than 30 days, except for multiple
handgun transactions for which records shall be maintained for 12 months, from
any dealer's request for a criminal history record information check pertaining
to a buyer or transferee who is not found to be prohibited from possessing and
transporting a firearm under state or federal law. However, the log on requests
made may be maintained for a period of 12 months, and such log shall consist of
the name of the purchaser, the dealer identification number, the unique
approval number, and the transaction date.</p>

<p>4. On the last day of the week following the sale or transfer
of any firearm, the dealer shall mail or deliver the written consent form
required by subsection A to the Department of State Police. The State Police
shall immediately initiate a search of all available criminal history record
information to determine if the purchaser is prohibited from possessing or
transporting a firearm under state or federal law. If the search discloses
information indicating that the buyer or transferee is so prohibited from
possessing or transporting a firearm, the State Police shall inform the chief
law-enforcement officer in the jurisdiction where the sale or transfer occurred
and the dealer without delay.</p>

<p>5. Notwithstanding any other provisions of this section,
rifles and shotguns may be purchased by persons who are citizens of the United
States or persons lawfully admitted for permanent residence but residents of
other states under the terms of subsections A and B upon furnishing the dealer
with one photo-identification form issued by a governmental agency of the
person's state of residence and one other form of identification determined to
be acceptable by the Department of Criminal Justice Services.</p>

<p>6. For the purposes of this subsection, the phrase
&quot;dealer's fifth business day&quot; does not include December 25.</p>

<p>C. No dealer shall sell, rent, trade, or transfer from his inventory
any firearm, except when the transaction involves a rifle or a shotgun and can
be accomplished pursuant to the provisions of subdivision B 5, to any person
who is a dual resident of Virginia and another state pursuant to applicable
federal law unless he has first obtained from the Department of State Police a
report indicating that a search of all available criminal history record
information has not disclosed that the person is prohibited from possessing or
transporting a firearm under state or federal law.</p>

<p>To establish personal identification and dual resident
eligibility for purposes of this subsection, a dealer shall require any
prospective purchaser to present one photo-identification form issued by a
governmental agency of the prospective purchaser's state of legal residence and
other documentation of dual residence within the Commonwealth. The other
documentation of dual residence in the Commonwealth may include (i) evidence of
currently paid personal property tax or real estate tax or a current (a) lease,
(b) utility or telephone bill, (c) voter registration card, (d) bank check, (e)
passport, (f) automobile registration, or (g) hunting or fishing license; (ii)
other current identification allowed as evidence of residency by 27 C.F.R. &sect;
178.124 and ATF Ruling <a href="http://law.lis.virginia.gov/vacode/2001-5">2001-5</a>; or (iii) other documentation of residence
determined to be acceptable by the Department of Criminal Justice Services and
that corroborates that the prospective purchaser currently resides in Virginia.</p>

<p>D. If any buyer or transferee is denied the right to purchase
a firearm under this section, he may exercise his right of access to and review
and correction of criminal history record information under &sect;<a href="http://law.lis.virginia.gov/vacode/9.1-132">9.1-132</a> or
institute a civil action as provided in &sect;<a href="http://law.lis.virginia.gov/vacode/9.1-135">9.1-135</a>, provided any such action is
initiated within 30 days of such denial.</p>

<p>E. Any dealer who willfully and intentionally requests,
obtains, or seeks to obtain criminal history record information under false
pretenses, or who willfully and intentionally disseminates or seeks to disseminate
criminal history record information except as authorized in this section,<s class=str>
shall be</s><i class=new> is</i> guilty of a Class 2 misdemeanor.</p>

<p>F. For purposes of this section:</p>

<p>&quot;Actual buyer&quot; means a person who executes the
consent form required in subsection B or C, or other such firearm transaction
records as may be required by federal law.</p>

<p>&quot;Antique firearm&quot; means:</p>

<p>1. Any firearm (including any firearm with a matchlock,
flintlock, percussion cap, or similar type of ignition system) manufactured in
or before 1898;</p>

<p>2. Any replica of any firearm described in subdivision 1 of
this definition if such replica (i) is not designed or redesigned for using
rimfire or conventional centerfire fixed ammunition or (ii) uses rimfire or
conventional centerfire fixed ammunition that is no longer manufactured in the
United States and that is not readily available in the ordinary channels of
commercial trade;</p>

<p>3. Any muzzle-loading rifle, muzzle-loading shotgun, or
muzzle-loading pistol that is designed to use black powder, or a black powder substitute,
and that cannot use fixed ammunition. For purposes of this subdivision, the
term &quot;antique firearm&quot; shall not include any weapon that incorporates
a firearm frame or receiver, any firearm that is converted into a
muzzle-loading weapon, or any muzzle-loading weapon that can be readily
converted to fire fixed ammunition by replacing the barrel, bolt, breech-block,
or any combination thereof; or</p>

<p>4. Any curio or relic as defined in this subsection.</p>

<p>&quot;Assault firearm&quot; means any semi-automatic center-fire
rifle or pistol which expels single or multiple projectiles by action of an
explosion of a combustible material and is equipped at the time of the offense
with a magazine which will hold more than 20 rounds of ammunition or designed
by the manufacturer to accommodate a silencer or equipped with a folding stock.</p>

<p>&quot;Curios or relics&quot; means firearms that are of
special interest to collectors by reason of some quality other than is
associated with firearms intended for sporting use or as offensive or defensive
weapons. To be recognized as curios or relics, firearms must fall within one of
the following categories:</p>

<p>1. Firearms that were manufactured at least 50 years prior to
the current date, which use rimfire or conventional centerfire fixed ammunition
that is no longer manufactured in the United States and that is not readily
available in the ordinary channels of commercial trade, but not including
replicas thereof;</p>

<p>2. Firearms that are certified by the curator of a municipal,
state, or federal museum that exhibits firearms to be curios or relics of
museum interest; and</p>

<p>3. Any other firearms that derive a substantial part of their
monetary value from the fact that they are novel, rare, bizarre, or because of
their association with some historical figure, period, or event. Proof of
qualification of a particular firearm under this category may be established by
evidence of present value and evidence that like firearms are not available
except as collectors' items, or that the value of like firearms available in ordinary
commercial channels is substantially less.</p>

<p>&quot;Dealer&quot; means any person licensed as a dealer
pursuant to 18 U.S.C. &sect;921 et seq.</p>

<p>&quot;Firearm&quot; means any handgun, shotgun, or rifle that
will or is designed to or may readily be converted to expel single or multiple
projectiles by action of an explosion of a combustible material.</p>

<p>&quot;Handgun&quot; means any pistol or revolver or other
firearm originally designed, made and intended to fire single or multiple
projectiles by means of an explosion of a combustible material from one or more
barrels when held in one hand.</p>

<p>&quot;Lawfully admitted for permanent residence&quot; means
the status of having been lawfully accorded the privilege of residing
permanently in the United States as an immigrant in accordance with the
immigration laws, such status not having changed.</p>

<p>G. The Department of Criminal Justice Services shall
promulgate regulations to ensure the identity, confidentiality, and security of
all records and data provided by the Department of State Police pursuant to
this section.</p>

<p>H. The provisions of this section shall not apply to (i)
transactions between persons who are licensed as firearms importers or
collectors, manufacturers or dealers pursuant to 18 U.S.C. &sect;921 et seq.; (ii)
purchases by or sales to any law-enforcement officer or agent of the United
States, the Commonwealth or any local government, or any campus police officer
appointed under Article 3 (&sect;<a href="http://law.lis.virginia.gov/vacode/23.1-809">23.1-809</a> et seq.) of Chapter 8 of Title 23.1; or
(iii) antique firearms or curios or relics.</p>

<p>I. The provisions of this section shall not apply to restrict
purchase, trade, or transfer of firearms by a resident of Virginia when the
resident of Virginia makes such purchase, trade, or transfer in another state,
in which case the laws and regulations of that state and the United States
governing the purchase, trade, or transfer of firearms shall apply. A National
Instant Criminal Background Check System (NICS) check shall be performed prior
to such purchase, trade, or transfer of firearms.</p>

<p>J. All licensed firearms dealers shall collect a fee of $2 for
every transaction for which a criminal history record information check is
required pursuant to this section, except that a fee of $5 shall be collected
for every transaction involving an out-of-state resident. Such fee shall be transmitted
to the Department of State Police by the last day of the month following the
sale for deposit in a special fund for use by the State Police to offset the
cost of conducting criminal history record information checks under the
provisions of this section.</p>

<p>K. Any person willfully and intentionally making a materially
false statement on the consent form required in subsection B or C or on such
firearm transaction records as may be required by federal law<s class=str> shall be</s><i class=new>
is</i> guilty of a Class 5 felony.</p>

<p>L. Except as provided in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.2:1">18.2-308.2:1</a>, any dealer who
willfully and intentionally sells, rents, trades, or transfers a firearm in
violation of this section<s class=str> shall be</s><i class=new> is</i> guilty of a Class 6 felony.</p>

<p>L1. Any person who attempts to solicit, persuade, encourage,
or entice any dealer to transfer or otherwise convey a firearm other than to
the actual buyer, as well as any other person who willfully and intentionally
aids or abets such person,<s class=str> shall be</s><i class=new> is</i> guilty of a Class 6
felony. This subsection shall not apply to a federal law-enforcement officer or
a law-enforcement officer as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/9.1-101">9.1-101</a>, in the performance of his
official duties, or other person under his direct supervision.</p>

<p>M. Any person who purchases a firearm with the intent to (i)
resell or otherwise provide such firearm to any person who he knows or has
reason to believe is ineligible to purchase or otherwise receive from a dealer
a firearm for whatever reason or (ii) transport such firearm out of the
Commonwealth to be resold or otherwise provided to another person who the
transferor knows is ineligible to purchase or otherwise receive a firearm<s class=str>,
shall be</s><i class=new> is</i> guilty of a Class 4 felony<s class=str> and sentenced to a
mandatory minimum term of imprisonment of one year. However, if the violation
of this subsection involves such a transfer of more than one firearm, the
person shall be sentenced to a mandatory minimum term of imprisonment of five
years</s>. The prohibitions of this subsection shall not apply to the purchase
of a firearm by a person for the lawful use, possession, or transport thereof,
pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.7">18.2-308.7</a>, by his child, grandchild, or individual for whom he
is the legal guardian if such child, grandchild, or individual is ineligible,
solely because of his age, to purchase a firearm.</p>

<p>N. Any person who is ineligible to purchase or otherwise
receive or possess a firearm in the Commonwealth who solicits, employs, or
assists any person in violating subsection M<s class=str> shall be</s><i class=new> is</i> guilty
of a Class 4 felony<s class=str> and shall be sentenced to a mandatory minimum term of imprisonment
of five years</s>.</p>

<p>O. <s class=str>Any mandatory minimum sentence imposed under this
section shall be served consecutively with any other sentence.</s></p>

<p><s class=str>P. </s>All driver's licenses issued on or after July 1, 1994,
shall carry a letter designation indicating whether the driver's license is an
original, duplicate, or renewed driver's license.</p>

<p><s class=str>Q. </s><i class=new>P. </i>Prior to selling, renting, trading, or
transferring any firearm owned by the dealer but not in his inventory to any
other person, a dealer may require such other person to consent to have the
dealer obtain criminal history record information to determine if such other
person is prohibited from possessing or transporting a firearm by state or
federal law. The Department of State Police shall establish policies and
procedures in accordance with 28 C.F.R. &sect;25.6 to permit such determinations to
be made by the Department of State Police, and the processes established for
making such determinations shall conform to the provisions of this section.</p>

<p><s class=str>R. </s><i class=new>Q. </i>Except as provided in subdivisions 1 and
2, it<s class=str> shall be</s><i class=new> is</i> unlawful for any person who is not a licensed
firearms dealer to purchase more than one handgun within any 30-day period. For
the purposes of this subsection, &quot;purchase&quot; does not include the
exchange or replacement of a handgun by a seller for a handgun purchased from
such seller by the same person seeking the exchange or replacement within the
30-day period immediately preceding the date of exchange or replacement. A violation
of this subsection is punishable as a Class 1 misdemeanor.</p>

<p>1. Purchases in excess of one handgun within a 30-day period
may be made upon completion of an enhanced background check, as described in
this subsection, by special application to the Department of State Police
listing the number and type of handguns to be purchased and transferred for
lawful business or personal use, in a collector series, for collections, as a
bulk purchase from estate sales, and for similar purposes. Such applications shall
be signed under oath by the applicant on forms provided by the Department of
State Police, shall state the purpose for the purchase above the limit, and
shall require satisfactory proof of residency and identity. Such application
shall be in addition to the firearms sales report required by the federal
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The Superintendent
of State Police shall promulgate regulations, pursuant to the Administrative
Process Act (&sect;<a href="http://law.lis.virginia.gov/vacode/2.2-4000">2.2-4000</a> et seq.), for the implementation of an application
process for purchases of handguns above the limit.</p>

<p>Upon being satisfied that these requirements have been met,
the Department of State Police shall immediately issue to the applicant a
nontransferable certificate, which shall be valid for seven days from the date
of issue. The certificate shall be surrendered to the dealer by the prospective
purchaser prior to the consummation of such sale and shall be kept on file at
the dealer's place of business for inspection as provided in &sect;<a href="http://law.lis.virginia.gov/vacode/54.1-4201">54.1-4201</a> for a
period of not less than two years. Upon request of any local law-enforcement
agency, and pursuant to its regulations, the Department of State Police may
certify such local law-enforcement agency to serve as its agent to receive
applications and, upon authorization by the Department of State Police, issue
certificates immediately pursuant to this subdivision. Applications and
certificates issued under this subdivision shall be maintained as records as
provided in subdivision B 3. The Department of State Police shall make
available to local law-enforcement agencies all records concerning certificates
issued pursuant to this subdivision and all records provided for in subdivision
B 3.</p>

<p>2. The provisions of this subsection shall not apply to:</p>

<p>a. A law-enforcement agency;</p>

<p>b. An agency duly authorized to perform law-enforcement
duties;</p>

<p>c. A state or local correctional facility;</p>

<p>d. A private security company licensed to do business within
the Commonwealth;</p>

<p>e. The purchase of antique firearms;</p>

<p>f. A person whose handgun is stolen or irretrievably lost who
deems it essential that such handgun be replaced immediately. Such person may
purchase another handgun, even if the person has previously purchased a handgun
within a 30-day period, provided that (i) the person provides the firearms
dealer with a copy of the official police report or a summary thereof, on forms
provided by the Department of State Police, from the law-enforcement agency
that took the report of the lost or stolen handgun; (ii) the official police
report or summary thereof contains the name and address of the handgun owner, a
description of the handgun, the location of the loss or theft, the date of the
loss or theft, and the date the loss or theft was reported to the
law-enforcement agency; and (iii) the date of the loss or theft as reflected on
the official police report or summary thereof occurred within 30 days of the
person's attempt to replace the handgun. The firearms dealer shall attach a
copy of the official police report or summary thereof to the original copy of
the Virginia firearms transaction report completed for the transaction and
retain it for the period prescribed by the Department of State Police;</p>

<p>g. A person who trades in a handgun at the same time he makes
a handgun purchase and as a part of the same transaction, provided that no more
than one transaction of this nature is completed per day;</p>

<p>h. A person who holds a valid Virginia permit to carry a
concealed handgun;</p>

<p>i. A person who purchases a handgun in a private sale. For purposes
of this subdivision, &quot;private sale&quot; means a purchase from a person
who makes occasional sales, exchanges, or purchases of firearms for the
enhancement of a personal collection of curios or relics or who sells all or
part of such collection of curios and relics; or</p>

<p>j. A law-enforcement officer. For purposes of this
subdivision, &quot;law-enforcement officer&quot; means any employee of a police
department or sheriff's office that is part of or administered by the
Commonwealth or any political subdivision thereof and who is responsible for
the prevention and detection of crime and the enforcement of the penal,
traffic, or highway laws of the Commonwealth.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-308.4">18.2-308.4</a>. Possession of firearms while in possession of
certain substances.</p>

<p>A. It<s class=str> shall be</s><i class=new> is</i> unlawful for any person
unlawfully in possession of a controlled substance classified in Schedule I or
II of the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et seq.) of Title 54.1 to
simultaneously with knowledge and intent possess any firearm. A violation of
this subsection is a Class 6 felony and constitutes a separate and distinct
felony.</p>

<p>B. It<s class=str> shall be</s><i class=new> is</i> unlawful for any person
unlawfully in possession of a controlled substance classified in Schedule I or
II of the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et seq.) to simultaneously with
knowledge and intent possess any firearm on or about his person. A violation of
this subsection is a Class 6 felony and constitutes a separate and distinct
felony<s class=str> and any person convicted hereunder shall be sentenced to a mandatory
minimum term of imprisonment of two years. Such punishment shall be separate
and apart from, and shall be made to run consecutively with, any punishment
received for the commission of the primary felony</s>.</p>

<p>C. It<s class=str> shall be</s><i class=new> is</i> unlawful for any person to
possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm or
display such weapon in a threatening manner while committing or attempting to
commit the illegal manufacture, sale, distribution, or the possession with the
intent to manufacture, sell, or distribute a controlled substance classified in
Schedule I or Schedule II of the Drug Control Act (&sect;<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et seq.) or more
than one pound of marijuana. A violation of this subsection is a Class 6 felony<s class=str>,</s>
and constitutes a separate and distinct felony<s class=str> and any person convicted
hereunder shall be sentenced to a mandatory minimum term of imprisonment of
five years. Such punishment shall be separate and apart from, and shall be made
to run consecutively with, any punishment received for the commission of the
primary felony</s>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-374.1">18.2-374.1</a>. Production, publication, sale, financing, etc.,
of child pornography; presumption as to age.</p>

<p>A. For purposes of this article and Article 4 (&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-362">18.2-362</a> et
seq.) of this chapter, &quot;child pornography&quot; means sexually explicit
visual material which utilizes or has as a subject an identifiable minor. An
identifiable minor is a person who was a minor at the time the visual depiction
was created, adapted, or modified; or whose image as a minor was used in
creating, adapting or modifying the visual depiction; and who is recognizable
as an actual person by the person's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other recognizable feature; and
shall not be construed to require proof of the actual identity of the identifiable
minor.</p>

<p>For the purposes of this article and Article 4 (&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-362">18.2-362</a> et
seq.) of this chapter, the term &quot;sexually explicit visual material&quot;
means a picture, photograph, drawing, sculpture, motion picture film, digital
image, including such material stored in a computer's temporary Internet cache
when three or more images or streaming videos are present, or similar visual
representation which depicts sexual bestiality, a lewd exhibition of nudity, as
nudity is defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-390">18.2-390</a>, or sexual excitement, sexual conduct or
sadomasochistic abuse, as also defined in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-390">18.2-390</a>, or a book, magazine or
pamphlet which contains such a visual representation. An undeveloped photograph
or similar visual material may be sexually explicit material notwithstanding
that processing or other acts may be required to make its sexually explicit
content apparent.</p>

<p>B. A person<s class=str> shall be</s><i class=new> is</i> guilty of production of
child pornography who:</p>

<p>1. Accosts, entices<i class=new>,</i> or solicits a person less than 18
years of age with intent to induce or force such person to perform in or be a
subject of child pornography; or</p>

<p>2. Produces or makes or attempts or prepares to produce or
make child pornography; or</p>

<p>3. Who knowingly takes part in or participates in the filming,
photographing, or other production of child pornography by any means; or</p>

<p>4. Knowingly finances or attempts or prepares to finance child
pornography.</p>

<p>5. [Repealed.]</p>

<p>B1. [Repealed.]</p>

<p>C1. Any person who violates this section, when the subject of the
child pornography is a child less than 15 years of age, shall be punished by
not less than five years nor more than 30 years in a state correctional
facility. However, if the person is at least seven years older than the subject
of the child pornography<i class=new>,</i> the person shall be punished by a term of
imprisonment of not less than five years nor more than 30 years in a state
correctional facility<s class=str>, five years of which shall be a mandatory minimum term
of imprisonment</s>. Any person who commits a second or subsequent violation of
this section where the person is at least seven years older than the subject
shall be punished by a term of imprisonment of not less than 15 years nor more
than 40 years<s class=str>, 15 years of which shall be a mandatory minimum term of
imprisonment</s>.</p>

<p>C2. Any person who violates this section, when the subject of
the child pornography is a person at least 15 but less than 18 years of age,
shall be punished by not less than one year nor more than 20 years in a state
correctional facility. However, if the person is at least seven years older
than the subject of the child pornography<i class=new>,</i> the person shall be punished
by term of imprisonment of not less than three years nor more than 30 years in
a state correctional facility<s class=str>, three years of which shall be a mandatory
minimum term of imprisonment</s>. Any person who commits a second or subsequent
violation of this section when he is at least seven years older than the
subject shall be punished by a term of imprisonment of not less than 10 years
nor more than 30 years<s class=str>, 10 years of which shall be a mandatory minimum term
of imprisonment</s>.</p>

<p><s class=str>C3. The mandatory minimum terms of imprisonment prescribed
for violations of this section shall be served consecutively with any other
sentence.</s></p>

<p>D. For the purposes of this section it may be inferred by
text, title or appearance that a person who is depicted as or presents the
appearance of being less than 18 years of age in sexually explicit visual
material is less than 18 years of age.</p>

<p>E. Venue for a prosecution under this section may lie in the
jurisdiction where the unlawful act occurs, where the alleged offender resides,
or where any sexually explicit visual material associated with a violation of
this section is produced, reproduced, found, stored, or possessed.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-374.1:1">18.2-374.1:1</a>. Possession, reproduction, distribution,
solicitation, and facilitation of child pornography; penalty.</p>

<p>A. Any person who knowingly possesses child pornography is
guilty of a Class 6 felony.</p>

<p>B. Any person who commits a second or subsequent violation of
subsection A is guilty of a Class 5 felony.</p>

<p>C. Any person who knowingly (i) reproduces by any means,
including by computer, sells, gives away, distributes, electronically
transmits, displays, purchases, or possesses with intent to sell, give away,
distribute, transmit, or display child pornography or (ii) commands, entreats,
or otherwise attempts to persuade another person to send, submit, transfer<i class=new>,</i>
or provide to him any child pornography in order to gain entry into a group,
association, or assembly of persons engaged in trading or sharing child
pornography shall be punished by not less than five years nor more than 20
years in a state correctional facility.<s class=str> Any person who commits a second or
subsequent violation under this subsection shall be punished by a term of imprisonment
of not less than five years nor more than 20 years in a state correctional
facility, five years of which shall be a mandatory minimum term of
imprisonment. The mandatory minimum terms of imprisonment prescribed for
violations of this section shall be served consecutively with any other
sentence.</s></p>

<p>D. Any person who intentionally operates an Internet website
for the purpose of facilitating the payment for access to child pornography is
guilty of a Class 4 felony.</p>

<p>E. All child pornography shall be subject to lawful seizure
and forfeiture pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-386.31">19.2-386.31</a>.</p>

<p>F. For purposes of this section it may be inferred by text,
title or appearance that a person who is depicted as or presents the appearance
of being less than 18 years of age in sexually explicit visual material is less
than 18 years of age.</p>

<p>G. Venue for a prosecution under this section may lie in the
jurisdiction where the unlawful act occurs, where the alleged offender resides,
or where any child pornography is produced, reproduced, found, stored,
received, or possessed in violation of this section.</p>

<p>H. The provisions of this section shall not apply to any such
material that is possessed for a bona fide medical, scientific, governmental,
law-enforcement, or judicial purpose by a physician, psychologist, scientist,
attorney, employee of the Department of Social Services or a local department
of social services, employee of a law-enforcement agency, judge, or clerk and
such person possesses such material in the course of conducting his professional
duties as such.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-374.3">18.2-374.3</a>. Use of communications systems to facilitate
certain offenses involving children.</p>

<p>A. As used in subsections C, D, and E, &quot;use a
communications system&quot; means making personal contact or direct contact
through any agent or agency, any print medium, the United States mail, any
common carrier or communication common carrier, any electronic communications
system, the Internet, or any telecommunications, wire, computer network, or
radio communications system.</p>

<p>B. It is unlawful for any person to use a communications
system, including but not limited to computers or computer networks or bulletin
boards, or any other electronic means for the purposes of procuring or
promoting the use of a minor for any activity in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-370">18.2-370</a> or
<a href="http://law.lis.virginia.gov/vacode/18.2-374.1">18.2-374.1</a>. A violation of this subsection is a Class 6 felony.</p>

<p>C. It is unlawful for any person 18 years of age or older to
use a communications system, including but not limited to computers or computer
networks or bulletin boards, or any other electronic means, for the purposes of
soliciting, with lascivious intent, any person he knows or has reason to
believe is a child younger than 15 years of age to knowingly and intentionally:</p>

<p>1. Expose his sexual or genital parts to any child to whom he
is not legally married or propose that any such child expose his sexual or
genital parts to such person;</p>

<p>2. Propose that any such child feel or fondle his own sexual
or genital parts or the sexual or genital parts of such person or propose that
such person feel or fondle the sexual or genital parts of any such child;</p>

<p>3. Propose to such child the performance of an act of sexual
intercourse, anal intercourse, cunnilingus, fellatio, or anilingus or any act
constituting an offense under &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-361">18.2-361</a>; or</p>

<p>4. Entice, allure, persuade, or invite any such child to enter
any vehicle, room, house, or other place, for any purposes set forth in the
preceding subdivisions.</p>

<p>Any person who violates this subsection is guilty of a Class 5
felony. However, if the person is at least seven years older than the child he
knows or has reason to believe is less than 15 years of age, the person shall
be punished by a term of imprisonment of not less than five years nor more than
30 years in a state correctional facility<s class=str>, five years of which shall be
mandatory minimum term of imprisonment</s>. Any person who commits a second or
subsequent violation of this subsection when the person is at least seven years
older than the child he knows or has reason to believe is less than 15 years of
age shall be punished by a term of imprisonment of not less than 10 years nor
more than 40 years<s class=str>, 10 years of which shall be a mandatory minimum term of
imprisonment</s>.</p>

<p>D. Any person who uses a communications system, including<s class=str>
but not limited to</s> computers or computer networks or bulletin boards, or
any other electronic means, for the purposes of soliciting, with lascivious
intent, any child he knows or has reason to believe is at least 15 years of age
but younger than 18 years of age to knowingly and intentionally commit any of
the activities listed in subsection C if the person is at least seven years
older than the child is guilty of a Class 5 felony. Any person who commits a
second or subsequent violation of this subsection shall be punished by a term
of imprisonment of not less than one nor more than 20 years<s class=str>, one year of
which shall be a mandatory minimum term of imprisonment</s>.</p>

<p>E. Any person 18 years of age or older who uses a
communications system, including but not limited to computers or computer
networks or bulletin boards, or any other electronic means, for the purposes of
soliciting any person he knows or has reason to believe is a child younger than
18 years of age for (i) any activity in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-355">18.2-355</a> or <a href="http://law.lis.virginia.gov/vacode/18.2-361">18.2-361</a>,
(ii) any activity in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-374.1">18.2-374.1</a>, or (iii) a violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-374.1:1">18.2-374.1:1</a> is guilty of a Class 5 felony.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/19.2-297.1">19.2-297.1</a>. Sentence of person twice previously convicted of
certain violent felonies.</p>

<p>A. Any person convicted of two or more separate acts of
violence when such offenses were not part of a common act, transaction<i class=new>,</i>
or scheme, and who has been at liberty as defined in &sect;<a href="http://law.lis.virginia.gov/vacode/53.1-151">53.1-151</a> between each
conviction, shall, upon conviction of a third or subsequent act of violence, be
sentenced to life imprisonment<s class=str> and shall not have all or any portion of the
sentence suspended</s>, provided it is admitted, or found by the jury or judge
before whom he is tried, that he has been previously convicted of two or more
such acts of violence. For the purposes of this section, &quot;act of
violence&quot; means (i) any one of the following violations of Chapter 4 (&sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-30">18.2-30</a> et seq.) of Title 18.2:</p>

<p>a. First and second degree murder and voluntary manslaughter
under Article 1 (&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-30">18.2-30</a> et seq.);</p>

<p>b. Mob-related felonies under Article 2 (&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-38">18.2-38</a> et seq.);</p>

<p>c. Any kidnapping or abduction felony under Article 3 (&sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-47">18.2-47</a> et seq.);</p>

<p>d. Any malicious felonious assault or malicious bodily
wounding under Article 4 (&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-51">18.2-51</a> et seq.);</p>

<p>e. Robbery under &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-58">18.2-58</a> and carjacking under &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-58.1">18.2-58.1</a>;</p>

<p>f. Except as otherwise provided in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-67.5:2">18.2-67.5:2</a> or &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-67.5:3">18.2-67.5:3</a>, criminal sexual assault punishable as a felony under Article 7 (&sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-61">18.2-61</a> et seq.); or</p>

<p>g. Arson in violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-77">18.2-77</a> when the structure burned
was occupied or a Class 3 felony violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-79">18.2-79</a><s class=str>.</s><i class=new>;</i></p>

<p>(ii) conspiracy to commit any of the violations enumerated in
clause (i)<s class=str> of this section</s>; and (iii) violations as a principal in the
second degree or accessory before the fact of the provisions enumerated in
clause (i)<s class=str> of this section</s>.</p>

<p>B. Prior convictions shall include convictions under the laws
of any state or of the United States for any offense substantially similar to
those listed under &quot;act of violence&quot; if such offense would be a
felony if committed in the Commonwealth.</p>

<p>The Commonwealth shall notify the defendant in writing, at
least<s class=str> thirty</s><i class=new> 30</i> days prior to trial, of its intention to seek
punishment pursuant to this section.</p>

<p>C. Any person sentenced to life imprisonment pursuant to this
section shall not be eligible for parole and shall not be eligible for any good
conduct allowance or any earned sentence credits under Chapter 6 (&sect;<a href="http://law.lis.virginia.gov/vacode/53.1-186">53.1-186</a> et
seq.) of Title 53.1. However, any person subject to the provisions of this
section, other than a person who was sentenced under subsection A of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-67.5:3">18.2-67.5:3</a> for criminal sexual assault convictions specified in subdivision f,
(i) who has reached the age of<s class=str> sixty-five</s><i class=new> 65</i> or older and who has
served at least five years of the sentence imposed or (ii) who has reached the
age of<s class=str> sixty</s><i class=new> 60</i> or older and who has served at least<s class=str> ten</s><i class=new>
10</i> years of the sentence imposed may petition the Parole Board for
conditional release. The Parole Board shall promulgate regulations to implement
the provisions of this subsection.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.28">46.2-341.28</a>. Penalty for driving commercial motor vehicle
while intoxicated; subsequent offense; prior conviction.</p>

<p>A. Except as otherwise provided herein, any person violating
any provision of subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> is guilty of a Class 1
misdemeanor with a mandatory minimum fine of $250.<s class=str> If the person's blood alcohol
level as indicated by the chemical test as provided in this article or by any
other scientifically reliable chemical test performed on whole blood under
circumstances reliably establishing the identity of the person who is the
source of the blood and accuracy of the results (i) was at least 0.15, but not
more than 0.20, he shall be confined in jail for an additional mandatory
minimum period of five days or (ii) was more than 0.20, he shall be confined in
jail for an additional mandatory minimum period of 10 days.</s></p>

<p>B. 1. Any person convicted of a second offense committed
within less than five years after a prior offense under subsection A of &sect;
<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> shall upon conviction of the second offense be punished by a
mandatory minimum fine of $500 and by confinement in jail for not less than one
month nor more than one year.<s class=str> Twenty days of such confinement shall be a
mandatory minimum sentence.</s></p>

<p>2. Any person convicted of a second offense committed within a
period of five to 10 years of a prior offense under subsection A of &sect;
<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> shall upon conviction of the second offense be punished by a
mandatory minimum fine of $500 and by confinement in jail for not less than one
month.<s class=str> Ten days of such confinement shall be a mandatory minimum sentence.</s></p>

<p><s class=str>3. Upon conviction of a second offense within 10 years of a
prior offense, if the person's blood alcohol level as indicated by the chemical
test administered as provided in this article or by any other scientifically
reliable chemical test performed on whole blood under circumstances reliably
establishing the identity of the person who is the source of the blood and the
accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall
be confined in jail for an additional mandatory minimum period of 10 days or
(ii) was more than 0.20, he shall be confined for an additional mandatory
minimum period of 20 days. In addition, such person shall be fined a mandatory
minimum fine of $500.</s></p>

<p>C. 1. Any person convicted of three offenses under subsection
A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> within a 10-year period is upon conviction of the third
offense guilty of a Class 6 felony.<s class=str> The sentence of any person convicted of
three offenses under subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> shall include a mandatory
minimum sentence of 90 days, unless the three offenses were committed within a
five-year period, in which case the sentence shall include a mandatory minimum
sentence of confinement for six months.</s> In addition, such person shall be
fined a mandatory minimum fine of $1,000.</p>

<p>2. Any person who has been convicted of a violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-36.2">18.2-36.2</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a>, or <a href="http://law.lis.virginia.gov/vacode/18.2-51.5">18.2-51.5</a> or a felony violation under
subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> is upon conviction of a subsequent violation
under subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> guilty of a Class 6 felony. The punishment
of any person convicted of such a subsequent violation under subsection A of &sect;
<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> shall include<s class=str> a mandatory minimum term of imprisonment of one
year and</s> a mandatory minimum fine of $1,000.</p>

<p>3. The punishment of any person convicted of a fourth or
subsequent offense under subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> committed within a
10-year period shall<s class=str>, upon conviction, include a mandatory minimum term of
imprisonment of one year. In addition, such person shall</s> be fined a mandatory
minimum fine of $1,000.</p>

<p>D. In addition to the penalty otherwise authorized by this
section, any person convicted of a violation of subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a>
committed while transporting a person 17 years of age or younger shall be (i)
fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced
to a<s class=str> mandatory minimum</s> period of confinement of five days.</p>

<p>E. For the purpose of determining the number of offenses
committed by, and the punishment appropriate for, a person under this section,
a conviction of any person or finding of not innocent in the case of a juvenile
under the following shall be considered a conviction under subsection A of &sect;
<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a>: (i) &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a>, or <a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, former &sect;<a href="http://law.lis.virginia.gov/vacode/18.1-54">18.1-54</a>
(formerly &sect;<a href="http://law.lis.virginia.gov/vacode/18-75">18-75</a>), or subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a>; (ii) the ordinance of any
county, city, or town in the Commonwealth substantially similar to the
provisions of any offense listed in clause (i); or (iii) the laws of any other
state or of the United States substantially similar to the provisions of any
offense listed in clause (i).</p>

<p><s class=str>F. Mandatory minimum punishments imposed pursuant to this
section shall be cumulative, and mandatory minimum terms of confinement shall
be served consecutively. However, in no case shall punishment imposed hereunder
exceed the applicable statutory maximum Class 1 misdemeanor term of confinement
or fine upon conviction of a first or second offense, or Class 6 felony term of
confinement or fine upon conviction of a third or subsequent offense.</s></p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/46.2-391">46.2-391</a>. Revocation of license for multiple convictions of
driving while intoxicated; exception; petition for restoration of privilege.</p>

<p>A. The Commissioner shall forthwith revoke and not thereafter
reissue for three years the driver's license of any person on receiving a
record of the conviction of any person who (i) is adjudged to be a second
offender in violation of the provisions of subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a>
(driving a commercial motor vehicle under the influence of drugs or
intoxicants), or &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> (driving under the influence of drugs or
intoxicants), if the subsequent violation occurred within 10 years of the prior
violation, or (ii) is convicted of any two or more offenses of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-272">18.2-272</a>
(driving while the driver's license has been forfeited for a conviction under &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>) if the second or subsequent violation occurred within 10 years of the
prior offense. However, if the Commissioner has received a copy of a court
order authorizing issuance of a restricted license as provided in subsection E
of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-271.1">18.2-271.1</a>, he shall proceed as provided in the order of the court. For
the purposes of this subsection, an offense in violation of a valid local
ordinance, or law of any other jurisdiction, which ordinance or law is
substantially similar to any provision of Virginia law herein shall be
considered an offense in violation of such provision of Virginia law.
Additionally, in no event shall the Commissioner reinstate the driver's license
of any person convicted of a violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, or of a substantially
similar valid local ordinance or law of another jurisdiction, until receipt of
notification that such person has successfully completed an alcohol safety
action program if such person was required by court order to do so unless the
requirement for completion of the program has been waived by the court for good
cause shown. A conviction includes a finding of not innocent in the case of a
juvenile.</p>

<p>B. The Commissioner shall forthwith revoke and not thereafter
reissue the driver's license of any person after receiving a record of the
conviction of any person (i) convicted of a violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a> or
<a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a> or a felony violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a> or (ii) convicted of three
offenses arising out of separate incidents or occurrences within a period of 10
years in violation of the provisions of subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a> or
<a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, or a substantially similar ordinance or law of any other
jurisdiction, or any combination of three such offenses. A conviction includes
a finding of not innocent in the case of a juvenile.</p>

<p>C. Any person who has had his driver's license revoked in
accordance with subsection B<s class=str> of this section</s> may petition the circuit
court of his residence, or, if a nonresident of Virginia, any circuit court:</p>

<p>1. For restoration of his privilege to drive a motor vehicle
in the Commonwealth after the expiration of five years from the date of his
last conviction. On such petition, and for good cause shown, the court may, in
its discretion, restore to the person the privilege to drive a motor vehicle in
the Commonwealth on condition that such person install an ignition interlock
system in accordance with &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-270.1">18.2-270.1</a> on all motor vehicles, as defined in &sect;
<a href="http://law.lis.virginia.gov/vacode/46.2-100">46.2-100</a>, owned by or registered to him, in whole or in part, for a period of
at least six months, and upon whatever other conditions the court may
prescribe, subject to the provisions of law relating to issuance of driver's
licenses, if the court is satisfied from the evidence presented that: (i) at
the time of his previous convictions, the petitioner was addicted to or
psychologically dependent on the use of alcohol or other drugs; (ii) at the
time of the hearing on the petition, he is no longer addicted to or
psychologically dependent on the use of alcohol or other drugs; and (iii) the
defendant does not constitute a threat to the safety and welfare of himself or
others with regard to the driving of a motor vehicle. However, prior to acting
on the petition, the court shall order that an evaluation of the person, to
include an assessment of his degree of alcohol abuse and the appropriate
treatment therefor, if any, be conducted by a Virginia Alcohol Safety Action
Program and recommendations therefrom be submitted to the court, and the court
shall give the recommendations such weight as the court deems appropriate. The
court may, in lieu of restoring the person's privilege to drive, authorize the
issuance of a restricted license for a period not to exceed five years in
accordance with the provisions of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-270.1">18.2-270.1</a> and subsection E of &sect;
<a href="http://law.lis.virginia.gov/vacode/18.2-271.1">18.2-271.1</a>. The court shall notify the Virginia Alcohol Safety Action Program
which shall during the term of the restricted license monitor the person's
compliance with the terms of the restrictions imposed by the court. Any
violation of the restrictions shall be reported to the court, and the court may
then modify the restrictions or revoke the license.</p>

<p>2. For a restricted license to authorize such person to drive
a motor vehicle in the Commonwealth in the course of his employment and to
drive a motor vehicle to and from his home to the place of his employment after
the expiration of three years from the date of his last conviction. The court
may order that a restricted license for such purposes be issued in accordance
with the procedures of subsection E of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-271.1">18.2-271.1</a>, if the court is satisfied
from the evidence presented that (i) at the time of the previous convictions,
the petitioner was addicted to or psychologically dependent on the use of
alcohol or other drugs; (ii) at the time of the hearing on the petition, he is
no longer addicted to or psychologically dependent on the use of alcohol or
such other drugs; and (iii) the defendant does not constitute a threat to the
safety and welfare of himself and others with regard to the driving of a motor
vehicle. The court shall prohibit the person to whom a restricted license is
issued from operating a motor vehicle that is not equipped with a functioning,
certified ignition interlock system during all or any part of the term for
which the restricted license is issued, in accordance with the provisions set
forth in &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-270.1">18.2-270.1</a>. However, prior to acting on the petition, the court
shall order that an evaluation of the person, to include an assessment of his
degree of alcohol abuse and the appropriate treatment therefor, if any, be
conducted by a Virginia Alcohol Safety Action Program and recommendations
therefrom be submitted to the court, and the court shall give the
recommendations such weight as the court deems appropriate. The Virginia
Alcohol Safety Action Program shall during the term of the restricted license
monitor the person's compliance with the terms of the restrictions imposed by
the court. Any violation of the restrictions shall be reported to the court,
and the court may then modify the restrictions or revoke the license.</p>

<p>The ignition interlock system installation requirement under
subdivisions 1 and 2<s class=str> of this subsection</s> need only be satisfied once as
to any single revocation under subsection B<s class=str> of this section</s> for any
person seeking restoration under subdivision 1 following the granting of a
restricted license under subdivision 1 or 2.</p>

<p>D. Any person convicted of driving a motor vehicle or any
self-propelled machinery or equipment (i) while his license is revoked pursuant
to subsection A or B or (ii) in violation of the terms of a restricted license
issued pursuant to subsection C shall, provided such revocation was based on at
least one conviction for an offense committed after July 1, 1999, be punished
as follows:</p>

<p>1. If such driving does not of itself endanger the life, limb,
or property of another, such person<s class=str> shall be</s><i class=new> is</i> guilty of a Class
1 misdemeanor<s class=str> punishable by a mandatory minimum term of confinement in jail
of 10 days except in cases wherein such operation is necessitated in situations
of apparent extreme emergency that require such operation to save life or limb,
the sentence, or any part thereof, may be suspended</s>.</p>

<p>2.<s class=str> a.</s> If such driving (i) of itself endangers the life,
limb, or property of another or (ii) takes place while such person is in
violation of &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a>,
or a substantially similar law or ordinance of another jurisdiction,
irrespective of whether the driving of itself endangers the life, limb<i class=new>,</i>
or property of another and the person has been previously convicted of a
violation of &sect;&sect;<a href="http://law.lis.virginia.gov/vacode/18.2-36.1">18.2-36.1</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-51.4">18.2-51.4</a>, <a href="http://law.lis.virginia.gov/vacode/18.2-266">18.2-266</a>, subsection A of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-341.24">46.2-341.24</a>,
or a substantially similar local ordinance, or law of another jurisdiction,
such person<s class=str> shall be</s><i class=new> is</i> guilty of a felony punishable by
confinement in a state correctional facility for not less than one year nor
more than five years<s class=str>, one year of which shall be a mandatory minimum term of
confinement or, in the discretion of the jury or the court trying the case
without a jury, by mandatory minimum confinement in jail for a period of 12
months and no portion of such sentence shall be suspended or run concurrently
with any other sentence</s>.</p>

<p><s class=str>b. However, in cases wherein such operation is necessitated
in situations of apparent extreme emergency that require such operation to save
life or limb, the sentence, or any part thereof, may be suspended.</s></p>

<p>3. If any such offense of driving is a second or subsequent
violation, such person shall be punished as provided in subdivision 2<s class=str> of this
subsection</s>, irrespective of whether the offense, of itself, endangers the
life, limb, or property of another.</p>

<p>E. Notwithstanding the provisions of subdivisions<i class=new> D</i> 2
and 3<s class=str> of subsection D</s>, following conviction and prior to imposition of
sentence with the consent of the defendant, the court may order the defendant
to be evaluated for and to participate in the community corrections alternative
program pursuant to &sect;<a href="http://law.lis.virginia.gov/vacode/19.2-316.4">19.2-316.4</a>.</p>

<p>F. Any period of driver's license revocation imposed pursuant
to this section shall not begin to expire until the person convicted has
surrendered his license to the court or to the Department of Motor Vehicles.</p>

<p>G. Nothing in this section shall prohibit a person from
operating any farm tractor on the highways when it is necessary to move the
tractor from one tract of land used for agricultural purposes to another such
tract of land when the distance between the tracts is no more than five miles.</p>

<p>H. Any person who operates a motor vehicle or any
self-propelled machinery or equipment (i) while his license is revoked pursuant
to subsection A or B<s class=str>,</s> or (ii) in violation of the terms of a restricted
license issued pursuant to subsection C, where the provisions of subsection D
do not apply,<s class=str> shall be</s><i class=new> is</i> guilty of a violation of &sect;<a href="http://law.lis.virginia.gov/vacode/18.2-272">18.2-272</a>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/46.2-865.1">46.2-865.1</a>. Injuring another or causing the death of another
while engaging in a race; penalties.</p>

<p>A. Any person who, while engaging in a race in violation of &sect;
<a href="http://law.lis.virginia.gov/vacode/46.2-865">46.2-865</a> in a manner so gross, wanton<i class=new>,</i> and culpable as to show a
reckless disregard for human life:</p>

<p>1. Causes serious bodily injury to another person who is not
involved in the violation of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-865">46.2-865</a> is guilty of a Class 6 felony; or</p>

<p>2. Causes the death of another person is guilty of a felony
punishable by a term of imprisonment of not less than one nor more than 20
years<s class=str>, one year of which shall be a mandatory minimum term of imprisonment</s>.</p>

<p>B. Upon conviction, the court shall suspend the driver's
license of such person for a period of not less than one year nor more than
three years, and shall order the surrender of the license to be disposed of in
accordance with the provisions of &sect;<a href="http://law.lis.virginia.gov/vacode/46.2-398">46.2-398</a>.</p>

<p>&sect;<a href="http://law.lis.virginia.gov/vacode/53.1-203">53.1-203</a>. Felonies by prisoners; penalties.</p>

<p>It<s class=str> shall be</s><i class=new> is</i> unlawful for a prisoner in a
state, local or community correctional facility or in the custody of an employee
thereof to:</p>

<p>1. Escape from a correctional facility or from any person in
charge of such prisoner;</p>

<p>2. Willfully break, cut or damage any building, furniture,
fixture or fastening of such facility or any part thereof for the purpose of
escaping, aiding any other prisoner to escape therefrom or rendering such
facility less secure as a place of confinement;</p>

<p>3. Make, procure, secrete or have in his possession any
instrument, tool or other thing for the purpose of escaping from or aiding
another to escape from a correctional facility or employee thereof;</p>

<p>4. Make, procure, secrete or have in his possession a knife,
instrument, tool or other thing not authorized by the superintendent or sheriff
which is capable of causing death or bodily injury;</p>

<p>5. Procure, sell, secrete or have in his possession any
chemical compound which he has not lawfully received;</p>

<p>6. Procure, sell, secrete or have in his possession a
controlled substance classified in Schedule III of the Drug Control Act (&sect;
<a href="http://law.lis.virginia.gov/vacode/54.1-3400">54.1-3400</a> et seq.) or marijuana;</p>

<p>7. Introduce into a correctional facility or have in his
possession firearms or ammunition for firearms;</p>

<p>8. Willfully burn or destroy by use of any explosive device or
substance, in whole or in part, or cause to be so burned or destroyed, any
personal property, within any correctional facility;</p>

<p>9. Willfully tamper with, damage, destroy, or disable any fire
protection or fire suppression system, equipment, or sprinklers within any
correctional facility; or</p>

<p>10. Conspire with another prisoner or other prisoners to
commit any of the foregoing acts.</p>

<p>For violation of any of the provisions of this section, except
subdivision 6, the prisoner<s class=str> shall be</s><i class=new> is</i> guilty of a Class 6
felony. For a violation of subdivision 6, he<s class=str> shall be</s><i class=new> is</i> guilty
of a Class 5 felony.<s class=str> If the violation is of subdivision 1 of this section
and the escapee is a felon, he shall be sentenced to a mandatory minimum term
of confinement of one year, which shall be served consecutively with any other
sentence.</s> The prisoner shall, upon conviction of escape, immediately
commence to serve such escape sentence, and he shall not be eligible for parole
during such period. Any prisoner sentenced to life imprisonment who escapes
shall not be eligible for parole. No part of the time served for escape shall be
credited for the purpose of parole toward the sentence or sentences, the
service of which is interrupted for service of the escape sentence, nor shall
it be credited for such purpose toward any other sentence.</p>

<p> [ <s class=str>2. That the
Secretary of Public Safety and Homeland Security shall establish a work group
composed of the Director of the Department of Corrections or his designee, the
Executive Secretary of the Supreme Court or his designee, the Director of the
Virginia Sentencing Commission or his designee, the Executive Director of the
Virginia Indigent Defense Commission or his designee, the President of the
Virginia Association of Commonwealth's Attorneys or his designee, and such
other stakeholders as the Secretary of Public Safety and Homeland Security
shall deem appropriate to evaluate the feasibility of resentencing persons
previously convicted of a felony offense that was punishable by a mandatory
minimum term of confinement. The work group shall provide recommendations
related to potential procedures for conducting such resentencing hearings and
collect data concerning the number of persons who may be eligible for a
resentencing hearing, the offenses for which such persons were convicted, the
sentences that such persons received, and the number of years such persons have
served for the offense for which there was a mandatory minimum term of
confinement. The work group shall report its findings and recommendations to
the Governor and the Chairmen of the Senate Committee on the Judiciary and the
House Committee for Courts of Justice by November 1, 2022.</s> 2. That nothing
in this act shall create any cause of action for damages against the
Commonwealth or any of its political subdivisions, nor shall it form the basis
for relief in any habeas corpus proceeding or appellate proceeding. ] </p>