Bill Text: VA HB1317 | 2017 | Regular Session | Comm Sub

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Bill Title: Sexual abuse of certain children; penalty.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-12-02 - Left in Finance [HB1317 Detail]

Download: Virginia-2017-HB1317-Comm_Sub.html

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16105717D
HOUSE BILL NO. 1317 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 22, 2016) (Patron Prior to Substitute--Delegate Cline) A BILL to amend and reenact §18.2-67.3 of the Code of Virginia, relating to aggravated sexual battery; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §18.2-67.3 of the Code of Virginia is amended and reenacted as follows:

§18.2-67.3. Aggravated sexual battery; penalty.

A. An accused shall be is guilty of aggravated sexual battery if he or she sexually abuses the complaining witness,; and

1. The complaining witness is less than 13 years of age, or;

2. The act is accomplished through the use of the complaining witness's mental incapacity or physical helplessness, or;

3. The offense is committed by a parent, step-parent, grandparent, or step-grandparent and the complaining witness is at least 13 but less than 18 years of age,; or

4. The act is accomplished against the will of the complaining witness by force, threat or, intimidation, or ruse; and

a. The complaining witness is at least 13 but less than 15 years of age, or;

b. The accused causes serious bodily or mental injury to the complaining witness,; or

c. The accused uses or threatens to use a dangerous weapon.

B. Aggravated sexual battery is a felony punishable by confinement in a state correctional facility for a term of not less than one nor more than 20 years and by a fine of not more than $100,000.

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 cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 665 of the Acts of Assembly of 2015 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.