Bill Text: VA SB197 | 2020 | Regular Session | Prefiled
Bill Title: Oral threats of death or bodily injury to a person or member of his family, etc.; penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-27 - Passed by indefinitely in Judiciary (8-Y 6-N) [SB197 Detail]
Download: Virginia-2020-SB197-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-60 of the Code of Virginia is amended and reenacted as follows:
§18.2-60. Threats of death or bodily injury to a person or member of his family; threats of death or bodily injury to persons on school property; threats of death or bodily injury to health care providers; penalty.
A. 1. Any person who knowingly communicates, orally in person or in a writing, including an electronically transmitted communication producing a visual or electronic message, a threat to kill or do bodily injury to a person, regarding that person or any member of his family, and the threat places such person in reasonable apprehension of death or bodily injury to himself or his family member, is guilty of a Class 6 felony. However, any person who violates this subsection with the intent to commit an act of terrorism as defined in § 18.2-46.4 is guilty of a Class 5 felony.
2. Any person who communicates a threat,
orally in person or in a writing, including an electronically
transmitted communication producing a visual or electronic message, to kill or
do bodily harm, (i)
on the grounds or premises of any elementary, middle,
or secondary school property,; (ii) at any elementary,
middle, or secondary school-sponsored
event; or (iii) on a school bus to
any person or persons, regardless of whether the person who is the object of
the threat actually receives the threat, and the threat would place the person
who is the object of the threat in reasonable apprehension of death or bodily
harm, is guilty of a Class 6 felony.
B. Any person who orally makes a threat to kill or to do bodily injury to (i) any employee of any elementary, middle, or secondary school, while on a school bus, on school property or at a school-sponsored activity or (ii) any health care provider as defined in § 8.01-581.1 who is engaged in the performance of his duties in a hospital as defined in §18.2-57 or in an emergency room on the premises of any clinic or other facility rendering emergency medical care, unless the person is on the premises of the hospital or emergency room of the clinic or other facility rendering emergency medical care as a result of an emergency custody order pursuant to §37.2-808, involuntary temporary detention order pursuant to §37.2-809, involuntary hospitalization order pursuant to §37.2-817, or emergency custody order of a conditionally released acquittee pursuant to §19.2-182.9, is guilty of a Class 1 misdemeanor.
A prosecution pursuant to this section may be either in the county, city or town in which the communication was made or received.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
