HB 557

            
2020 SESSION

20103236D

HOUSE BILL NO. 557


Offered January 8, 2020


Prefiled January 6, 2020

A BILL to amend and reenact � 18.2-64.2 of the Code of 
 Virginia, relating to carnal knowledge of pretrial or posttrial offender; bail 
 bondsman; penalty.
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Patron-- Brewer

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 18.2-64.2 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 18.2-64.2. Carnal knowledge of an inmate, parolee, 
 probationer, detainee, or pretrial or posttrial offender; penalty.
 
 
An accused is guilty of carnal knowledge of an inmate, 
 parolee, probationer, detainee, or pretrial defendant or posttrial offender if 
 he is an employee or contractual employee of, or a volunteer with, a state or 
 local correctional facility or regional jail, the Department of Corrections, 
 the Department of Juvenile Justice, a secure facility or detention home, as 
 defined in � 16.1-228, a state or local court services unit, as defined in � 
 16.1-235, a local community-based probation services agency or a pretrial services 
 agency; is in a position of authority over the inmate, probationer, parolee, 
 detainee, or a pretrial defendant or posttrial offender; knows that the inmate, 
 probationer, parolee, detainee, or pretrial defendant or posttrial offender is 
 under the jurisdiction of the state or local correctional facility, a regional 
 jail, the Department of Corrections, the Department of Juvenile Justice, a 
 secure facility or detention home, as defined in � 16.1-228, a state or local 
 court services unit, as defined in � 16.1-235, a local community-based 
 probation services agency, or a pretrial services agency; and carnally knows, 
 without the use of force, threat or intimidation (i) an inmate who has been 
 committed to jail or convicted and sentenced to confinement in a state or local 
 correctional facility or regional jail or (ii) a probationer, parolee, 
 detainee, or a pretrial defendant or posttrial offender under the jurisdiction 
 of the Department of Corrections, the Department of Juvenile Justice, a secure 
 facility or detention home, as defined in � 16.1-228, a state or local court 
 services unit, as defined in � 16.1-235, a local community-based probation 
 services agency, a pretrial services agency, a local or regional jail for the 
 purposes of imprisonment, a work program or any other parole/probationary or 
 pretrial services program or agency. Such offense is a Class 6 felony.
 
 
An accused is guilty of carnal knowledge of a pretrial 
 defendant or posttrial offender if he (a) is an owner or employee of the bail 
 bond company that posted the pretrial defendants or posttrial offenders bond, 
 (b) has the authority to revoke the pretrial defendants or posttrial 
 offenders bond, and (c) carnally knows, without use of force, threat, or 
 intimidation, a pretrial defendant or posttrial offender. Such offense is a 
 Class 1 misdemeanor 6 felony.
 
 
For the purposes of this section, "carnal knowledge" 
 includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal 
 intercourse and animate or inanimate object sexual penetration.
 
 
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 is $0 for periods of commitment to the custody of 
 the Department of Juvenile Justice.