Virginia 2025 Regular Session

Virginia House Bill HB2347 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	OFFERED FOR CONSIDERATION 1/22/2025
	1	+	2025 SESSION
	2	+
	3	+	INTRODUCED
	4	+
	5	+	25101194D
2	6
3	7		HOUSE BILL NO. 2347
4	8
5		-	~~AMENDMENT IN THE NATURE OF A SUBSTITUTE~~
	9	+	Offered January 8, 2025
6	10
7		-	~~(Proposed by the House Committee for Courts of Justice~~
	11	+	Prefiled January 8, 2025
8	12
9		-	~~on ________________)~~
	13	+	A BILL to amend and reenact 19.2-8 of the Code of Virginia, relating to limitation of prosecutions; false entries or destruction of record by officers.
10	14
11		-	(Patron Prior to SubstituteDelegate Earley)
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13		-	A BILL to amend and reenact 18.2-472 and 19.2-8 of the Code of Virginia, relating to limitation of prosecutions; false entries or destruction of record by officers.
	16	+
	17	+	PatronEarley
	18	+
	19	+
	20	+
	21	+	Committee Referral Pending
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15	23
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17	25		Be it enacted by the General Assembly of Virginia:
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19		-	1. That 18.2-472 and 19.2-8 of the Code of Virginia are amended and reenacted as follows:
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21		-	18.2-472. False entries or destruction of records by officers.
22		-
23		-	If a clerk of any court or other, public officer, or public employee fraudulently make makes a false entry, or erase erases, alter alters, secrete secretes, or destroy destroys any record, including a microphotographic copy, in his keeping and belonging to his office or employment, he shall be guilty of a Class 1 misdemeanor and shall forfeit his office or employment and be forever incapable of holding any office of honor, profit, or trust under the Constitution of Virginia.
	27	+	1. That 19.2-8 of the Code of Virginia is amended and reenacted as follows:
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25	29		19.2-8. Limitation of prosecutions.
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27	31		A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of the offense.
28	32
29	33		A prosecution for any misdemeanor violation of 54.1-3904 shall be commenced within two years of the discovery of the offense.
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31	35		A prosecution for violation of laws governing the placement of children for adoption without a license pursuant to 63.2-1701 shall be commenced within one year from the date of the filing of the petition for adoption.
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33	37		A prosecution for making a false statement or representation of a material fact knowing it to be false or knowingly failing to disclose a material fact, to obtain or increase any benefit or other payment under the Virginia Unemployment Compensation Act ( 60.2-100 et seq.) shall be commenced within three years next after the commission of the offense.
34	38
35	39		A prosecution for any violation of 10.1-1320, 62.1-44.32 (b), 62.1-194.1, or Article 11 ( 62.1-44.34:14 et seq.) of Chapter 3.1 of Title 62.1 that involves the discharge, dumping or emission of any toxic substance as defined in 32.1-239 shall be commenced within three years next after the commission of the offense.
36	40
37	41		Prosecution of Building Code violations under 36-106 shall commence within one year of discovery of the offense by the building official, provided that such discovery occurs within two years of the date of initial occupancy or use after construction of the building or structure, or the issuance of a certificate of use and occupancy for the building or structure, whichever is later. However, prosecutions under 36-106 relating to the maintenance of existing buildings or structures as contained in the Uniform Statewide Building Code shall commence within one year of the issuance of a notice of violation for the offense by the building official.
38	42
39	43		Prosecution of any misdemeanor violation of 54.1-111 shall commence within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense.
40	44
41	45		Prosecution of any misdemeanor violation of any professional licensure requirement imposed by a locality shall commence within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense.
42	46
43	47		Prosecution of nonfelonious offenses which constitute malfeasance in office shall commence within two years next after the commission of the offense.
44	48
45	49		Prosecution for a violation for which a penalty is provided for by 55.1-1989 shall commence within three years next after the commission of the offense.
46	50
47	51		Prosecution of illegal sales or purchases of wild birds, wild animals and freshwater fish under 29.1-553 shall commence within three years after commission of the offense.
48	52
49	53		Prosecution of violations under Title 58.1 for offenses involving false or fraudulent statements, documents or returns, or for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof, or for the offense of willfully failing to pay any tax, or willfully failing to make any return at the time or times required by law or regulations shall commence within three years next after the commission of the offense, unless a longer period is otherwise prescribed.
50	54
51	55		Prosecution of violations of subsection A or B of 3.2-6570 shall commence within five years of the commission of the offense, except violations regarding agricultural animals shall commence within one year of the commission of the offense.
52	56
53	57		A prosecution for a misdemeanor violation of 18.2-386.1 or 18.2-386.2 shall be commenced within five years of the commission of the offense or within one year of the date the victim discovers the offense or, by the exercise of due diligence, reasonably should have discovered the offense, whichever is later.
54	58
55	59		A prosecution for any violation of the Campaign Finance Disclosure Act, Chapter 9.3 ( 24.2-945 et seq.) of Title 24.2, shall commence within one year of the discovery of the offense but in no case more than three years after the date of the commission of the offense.
56	60
57	61		A prosecution of a crime that is punishable as a misdemeanor pursuant to the Virginia Computer Crimes Act ( 18.2-152.1 et seq.) or pursuant to 18.2-186.3 for identity theft shall be commenced before the earlier of (i) five years after the commission of the last act in the course of conduct constituting a violation of the article or (ii) one year after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, by the owner, or by anyone else who is damaged by such violation.
58	62
59	63		A prosecution of a misdemeanor under 18.2-64.2, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-67.5, or 18.2-370.6 or clause (ii) of 18.2-371 where the victim is a minor at the time of the offense shall be commenced no later than one year after the victim reaches majority, unless the alleged offender of such offense was an adult and more than three years older than the victim at the time of the offense, in which instance such prosecution shall be commenced no later than five years after the victim reaches majority.
60	64
61	65		A prosecution for a violation of 18.2-260.1 shall be commenced within three years of the commission of the offense.
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63	67		A prosecution for a violation of 18.2-472 shall be commenced within (i) five years of the commission of the offense or (ii) two years after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, whichever is later.
64	68
65	69		Nothing in this section shall be construed to apply to any person fleeing from justice or concealing himself within or without the Commonwealth to avoid arrest or be construed to limit the time within which any prosecution may be commenced for desertion of a spouse or child or for neglect or refusal or failure to provide for the support and maintenance of a spouse or child.