Virginia HB 419: Juveniles; increases minimum age for trial as adult.

Bill Text

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2018 SESSION

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18103623D

HOUSE BILL NO. 419 

Offered January 10, 2018 

Prefiled January 5, 2018 

A BILL to amend and reenact �� 16.1-228, 16.1-241, 16.1-249, 
 16.1-269.1, 16.1-269.3, 16.1-270, 16.1-284.1, 16.1-285.1, 16.1-299.1, 16.1-301, 
 16.1-302, 16.1-305, 16.1-307, 16.1-309.1, 18.2-308.2, and 18.2-308.2:2 of the 
 Code of Virginia, relating to juveniles; trial as adult. 
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Patron-- Guzman 

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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 �� 16.1-228, 16.1-241, 16.1-249, 16.1-269.1, 
 16.1-269.3, 16.1-270, 16.1-284.1, 16.1-285.1, 16.1-299.1, 16.1-301, 16.1-302, 
 16.1-305, 16.1-307, 16.1-309.1, 18.2-308.2, and 18.2-308.2:2 of the Code of 
 Virginia are amended and reenacted as follows:

� 16.1-228. Definitions.

When used in this chapter, unless the context otherwise 
 requires:

"Abused or neglected child" means any child:

1. Whose parents or other person responsible for his care 
 creates or inflicts, threatens to create or inflict, or allows to be created or 
 inflicted upon such child a physical or mental injury by other than accidental 
 means, or creates a substantial risk of death, disfigurement or impairment of 
 bodily or mental functions, including, but not limited to, a child who is with 
 his parent or other person responsible for his care either (i) during the manufacture 
 or attempted manufacture of a Schedule I or II controlled substance, or (ii) 
 during the unlawful sale of such substance by that child's parents or other 
 person responsible for his care, where such manufacture, or attempted 
 manufacture or unlawful sale would constitute a felony violation of � 18.2-248;

2. Whose parents or other person responsible for his care 
 neglects or refuses to provide care necessary for his health; however, no child 
 who in good faith is under treatment solely by spiritual means through prayer 
 in accordance with the tenets and practices of a recognized church or religious 
 denomination shall for that reason alone be considered to be an abused or 
 neglected child;

3. Whose parents or other person responsible for his care 
 abandons such child;

4. Whose parents or other person responsible for his care 
 commits or allows to be committed any sexual act upon a child in violation of 
 the law;

5. Who is without parental care or guardianship caused by the 
 unreasonable absence or the mental or physical incapacity of the child's 
 parent, guardian, legal custodian, or other person standing in loco parentis;

6. Whose parents or other person responsible for his care 
 creates a substantial risk of physical or mental injury by knowingly leaving 
 the child alone in the same dwelling, including an apartment as defined in � 
 55-79.2, with a person