13103602D 
HOUSE BILL NO. 2211
Offered January 11, 2013
A BILL to amend and reenact §§18.2-60.3 and 18.2-308.1:4 of 
 the Code of Virginia, relating to felony punishment for a second stalking 
 conviction.
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Patron-- McClellan
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia: 
 
 
1.  That §§18.2-60.3 and 18.2-308.1:4 of the Code of 
 Virginia are amended and reenacted as follows: 
 
 
§18.2-60.3. Stalking; penalty.  
 
 
A. Any person, except a law-enforcement officer, as defined in 
 §9.1-101, and acting in the performance of his official duties, and a 
 registered private investigator, as defined in §9.1-138, who is regulated in 
 accordance with §9.1-139 and acting in the course of his legitimate business, 
 who on more than one occasion engages in conduct directed at another person 
 with the intent to place, or when he knows or reasonably should know that the 
 conduct places that other person in reasonable fear of death, criminal sexual 
 assault, or bodily injury to that other person or to that other person's family 
 or household member is guilty of a Class 1 misdemeanor.  
 
 
B. A Any person who is 
 convicted of a second offense of subsection A occurring within 
 five years of a prior conviction 
 of such 
 an offense when the person was also 
 convicted within the five-year 
 period prior to the instant offense of a 
 violation of (i) §18.2-57 and the 
 victim of that crime was the same person who was the victim of 
 the stalking activity in the instant 
 conviction, (ii) §18.2-57.2, or 
 (iii) a protective order, is guilty of a Class 
 6 felony. 
 
 
C. Any 
 person convicted of a third or 
 subsequent conviction of subsection A occurring 
 within five years of a conviction for an offense under this section or for a 
 similar offense under the law of any other jurisdiction shall be is guilty of a Class 6 felony. 
  
 
 
C. D. A person 
 may be convicted under this section irrespective of the jurisdiction or 
 jurisdictions within the Commonwealth wherein the conduct described in 
 subsection A occurred, if the person engaged in that conduct on at least one 
 occasion in the jurisdiction where the person is tried. Evidence of any such 
 conduct that occurred outside the Commonwealth may be admissible, if relevant, 
 in any prosecution under this section provided that the prosecution is based 
 upon conduct occurring within the Commonwealth.  
 
 
D. E. Upon 
 finding a person guilty under this section, the court shall, in addition to the 
 sentence imposed, issue an order prohibiting contact between the defendant and 
 the victim or the victim's family or household member.  
 
 
E. F. The 
 Department of Corrections, sheriff or regional jail director shall give notice 
 prior to the release from a state correctional facility or a local or regional 
 jail of any person incarcerated upon conviction of a violation of this section, 
 to any victim of the offense who, in writing, requests notice, or to any person 
 designated in writing by the victim. The notice shall be given at least fifteen 
 days prior to release of a person sentenced to a term of incarceration of more 
 than thirty days or, if the person was sentenced to a term of incarceration of 
 at least forty-eight hours but no more than thirty days, twenty-four hours 
 prior to release. If the person escapes, notice shall be given as soon as 
 practicable following the escape. The victim shall keep the Department of 
 Corrections, sheriff or regional jail director informed of the current mailing 
 address and telephone number of the person named in the writing submitted to 
 receive notice.  
 
 
All information relating to any person who receives or may 
 receive notice under this subsection shall remain confidential and shall not be 
 made available to the person convicted of violating this section.  
 
 
For purposes of this subsection, "release" includes 
 a release of the offender from a state correctional facility or a local or 
 regional jail (i) upon completion of his term of incarceration or (ii) on 
 probation or parole.  
 
 
No civil liability shall attach to the Department of 
 Corrections nor to any sheriff or regional jail director or their deputies or 
 employees for a failure to comply with the requirements of this subsection.  
 
 
F. G. For 
 purposes of this section:  
 
 
"Family or household member" has the same meaning as 
 provided in §16.1-228.  
 
 
§18.2-308.1:4. Purchase or transportation of firearm by 
 persons subject to protective orders; penalty.  
 
 
It shall be is unlawful for any person who 
 is subject to (i) a protective order entered pursuant to §16.1-253.1, 
 16.1-253.4, 16.1-278.2, 16.1-279.1, 19.2-152.8, 19.2-152.9, or 19.2-152.10; 
 (ii) an order issued pursuant to subsection B of §20-103; (iii) an order 
 entered pursuant to subsection D E of §18.2-60.3; (iv) a 
 preliminary protective order entered pursuant to subsection F of §16.1-253 
 where a petition alleging abuse or neglect has been filed; or (v) an order 
 issued by a tribunal of another state, the United States or any of its 
 territories, possessions or commonwealths, or the District of Columbia pursuant 
 to a statute that is substantially similar to those cited in clauses (i), (ii), 
 (iii), or (iv) to purchase or transport any firearm while the order is in 
 effect. Any person with a concealed handgun permit shall be prohibited from 
 carrying any concealed firearm, and shall surrender his permit to the court 
 entering the order, for the duration of any protective order referred to 
 herein. A violation of this section is a Class 1 misdemeanor.  
 
 
2.  That the provisions of this act may result in a net 
 increase in periods of imprisonment or commitment. Pursuant to 
 § 30-19.1:4, the estimated amount of the necessary appropriation is at least 
 $23,197 for periods of imprisonment in state adult correctional facilities and 
 cannot be determined for periods of commitment to the custody of the Department 
 of Juvenile Justice. 
 
 
 
 
 
  
 
 
 
 
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