CHAPTER 38
An Act to amend and reenact 18.2-478 and 18.2-479 of the Code of Virginia, relating to escape from jail or custody; penalty.
[H 2406]
Approved March 18, 2025
Be it enacted by the General Assembly of Virginia:
1. That 18.2-478 and 18.2-479 of the Code of Virginia are amended and reenacted as follows:
18.2-478. Escape from jail or custody by force or violence without setting fire to jail; penalty.
If any person lawfully imprisoned in jail and not tried or sentenced on a criminal offense escapes from jail by force or violence, other than by setting fire thereto, or if any person lawfully in the custody of any police law-enforcement officer, as defined in 18.2-57, on a charge of criminal offense escapes from such custody by force or violence, he shall be is guilty of a Class 6 felony.
18.2-479. Escape without force or violence or setting fire to jail; penalties.
A. Except as provided in subsection B, any person lawfully confined in jail or lawfully in the custody of any court, officer of the court, or of any law-enforcement officer, as defined in 18.2-57, for violation of his probation or parole or on a charge or conviction of a misdemeanor, who escapes, other than by force or violence or by setting fire to the jail, is guilty of a Class 1 misdemeanor.
B. Any person, lawfully confined in jail or lawfully in the custody of any court, officer of the court, or of any law-enforcement officer, as defined in 18.2-57, on a charge or conviction of a felony, who escapes, other than by force or violence or by setting fire to the jail, is guilty of a Class 6 felony.
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 2 of the Acts of Assembly of 2024, Special Session I, 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.