Virginia 2025 Regular Session

Virginia Senate Bill SB1298 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	OFFERED FOR CONSIDERATION 1/27/2025
	1	+	2025 SESSION
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	3	+	INTRODUCED
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	5	+	25104149D
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3	7		SENATE BILL NO. 1298
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5		-	AMENDMENT IN THE NATURE OF A SUBSTITUTE
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7		-	(Proposed by the Senate Committee for Courts of Justice
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9		-	on ________________)
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11		-	(Patron Prior to SubstituteSenator Mulchi)
	9	+	Offered January 9, 2025
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13	11		A BILL to amend and reenact 18.2-427 of the Code of Virginia, relating to use of profane, threatening, etc., language over the telephone; repeated telephone contact; penalty.
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	15	+	PatronMulchi
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	19	+	Referred to Committee for Courts of Justice
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17	23		Be it enacted by the General Assembly of Virginia:
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19	25		1. That 18.2-427 of the Code of Virginia is amended and reenacted as follows:
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21	27		18.2-427. Use of profane, threatening, or indecent language over public airways or by other methods; penalties.
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23		-	A. ~~For purposes~~ of this ~~section:~~
	29	+	A. Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, is guilty of a Class 1 misdemeanor.
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25		-	"Over any telephone~~" includes any electronically transmitted communication producing~~ a ~~visual~~ or ~~electronic message that~~ is ~~received or transmitted by cellular telephone or other wireless telecommunications device~~.
	31	+	B. Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone to (i) the same person 50 or more times within a 48-hour period or (ii) two or more family or household members of a person 50 or more times within a 48-hour period is guilty of a Class 6 felony.
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27		-	"~~Robocall~~" ~~means an automated phone call~~ that ~~uses both a computerized auto dialer and a computer-delivered~~ ~~prerecorded message~~.
	33	+	C. "Over any telephone" includes, for purposes of this section, any electronically transmitted communication producing a visual or electronic message that is received or transmitted by cellular telephone or other wireless telecommunications device.
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29		-	B. Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, is guilty of a Class 1 misdemeanor.
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31		-	"Over any telephone" includes, for purposes of this section, any electronically transmitted communication producing a visual or electronic message that is received or transmitted by cellular telephone or other wireless telecommunications device.
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33		-	C. Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone to (i) the same person 50 or more times within a 48-hour period or (ii) two or more family or household members of a person 50 or more times within a 48-hour period is guilty of a Class 6 felony.
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35		-	D. When any person uses a robocall in order to violate subsection B or C, there is a rebuttable presumption that those communications are made with the intent to coerce, intimidate, or harass any person.
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37		-	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 is ________ 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 is _______ for periods of commitment to the custody of the Department of Juvenile Justice.
	35	+	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.