21101895D
Be it enacted by the General Assembly of Virginia:
1. That 8.01-42.4, 9.1-116.5, 9.1-902, 16.1-69.48:6, 16.1-69.55, 17.1-275.13, 17.1-805, 18.2-46.1, 18.2-346, 18.2-346.1, 18.2-350, 18.2-357.1, 18.2-513, 19.2-10.2, 19.2-215.1, 19.2-268.3, 19.2-386.16, 19.2-386.35, 19.2-392.02, as it is currently effective and as it shall become effective, 32.1-58, 37.2-314, 37.2-416, and 37.2-506 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-346.01 as follows:
8.01-42.4. Civil action for trafficking in persons.
A. Any person injured by reason of (i) a violation of clause
(iii), (iv), or (v) of 18.2-48; (ii) a violation of 18.2-348, 18.2-348.1,
18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or 18.2-368; or (iii) a
felony violation of 18.2-346 18.2-346.01 may sue therefor
and recover compensatory damages, punitive damages, and reasonable attorney
fees and costs.
B. No action shall be commenced under this section more than
seven years after the later of the date on which such person (i) was no longer
subject to the conduct prohibited by clause (iii), (iv), or (v) of 18.2-48 or
18.2-348, 18.2-348.1, 18.2-349, 18.2-355, 18.2-356, 18.2-357, 18.2-357.1, or
18.2-368 or under a felony violation of
18.2-346 18.2-346.01
or (ii) attained 18 years of age.
9.1-116.5. Sex Trafficking Response Coordinator; duties; report.
A. There is established within the Department a Sex Trafficking Response Coordinator (the Coordinator). The Coordinator shall:
1. Create a statewide plan for local and state agencies to identify and respond to victims of sex trafficking;
2. Coordinate the development of standards and guidelines for treatment programs for victims of sex trafficking;
3. Maintain a list of programs that provide treatment or specialized services to victims of sex trafficking and make such list available to law-enforcement agencies, attorneys for the Commonwealth, crime victim and witness assistance programs, the Department of Juvenile Justice, the Department of Social Services, the Department of Education, and school divisions;
4. Oversee the development of a curriculum to be completed by
persons convicted of solicitation of prostitution under
subsection B of 18.2-346
18.2-346.01; and
5. Promote strategies for the education, training, and awareness of sex trafficking and for the reduction of demand for commercial sex.
B. The Coordinator may request and shall receive from every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party or any political subdivision thereof, cooperation and assistance in the performance of its duties. The Coordinator may also consult and exchange information with local government agencies and interested stakeholders.
C. The Coordinator shall report annually on or before October 1 to the Governor and the General Assembly. The report shall include a summary of activities for the year and any recommendations to address sex trafficking within the Commonwealth. The Department shall ensure that such report is available to the public.
9.1-902. Offenses requiring registration.
A. For purposes of this chapter:
"Murder" means a violation of, attempted violation of, or conspiracy to violate 18.2-31 or 18.2-32 where the victim is (i) under 15 years of age or (ii) where the victim is at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section or a violation of former 18.1-21 where the victim is (a) under 15 years of age or (b) at least 15 years of age but under 18 years of age and the murder is related to an offense listed in this section.
"Offense for which registration is required" includes:
1. Any Tier I, Tier II, or Tier III offense;
2. Murder;
3. Any offense similar to a Tier I, Tier II, or Tier III offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof; and
4. Any offense for which registration in a sex offender and crimes against minors registry is required under the laws of the jurisdiction where the offender was convicted.
"Tier I offense" means (i) any homicide in conjunction with a violation of, attempted violation of, or conspiracy to violate clause (i) of 18.2-371 or 18.2-371.1, when the offenses arise out of the same incident, or (ii) any violation of, attempted violation of, or conspiracy to violate:
1. 18.2-63 unless registration is required pursuant to
subdivision 1 of the definition of Tier III offense; former 18.2-67.2:1;
18.2-90 with the intent to commit rape; former 18.1-88 with the intent to
commit rape; any former felony
violation of 18.2-346; any felony violation of 18.2-346
18.2-346.01; any violation of subdivision (4) of
18.2-355; any violation of subsection C of 18.2-357.1; subsection B of
18.2-374.1:1; former subsection D of 18.2-374.1:1 as it was in effect from
July 1, 1994, through June 30, 2007; former clause (iv) of subsection B of
18.2-374.3 as it was in effect on June 30, 2007; subsection B of 18.2-374.3;
or a third or subsequent conviction of 18.2-67.4, 18.2-67.4:2, subsection C
of 18.2-67.5, 18.2-386.1, or, if the offense was committed on or after July
1, 2020, 18.2-386.2.
If the offense was committed on or after July 1, 2006, 18.2-91 with the intent to commit any felony offense listed in this section; subsection A of 18.2-374.1:1; or a felony under 18.2-67.5:1.
2. Where the victim is a minor or is physically helpless or mentally incapacitated as defined in 18.2-67.10, subsection A of 18.2-47, clause (i) of 18.2-48, 18.2-67.4, subsection C of 18.2-67.5, 18.2-361, 18.2-366, or a felony violation of former 18.1-191.
3. 18.2-370.6.
4. If the offense was committed on or after July 1, 2016, and where the perpetrator is 18 years of age or older and the victim is under the age of 13, any violation of 18.2-51.2.
5. If the offense was committed on or after July 1, 2016, any violation of 18.2-356 punishable as a Class 3 felony or any violation of 18.2-357 punishable as a Class 3 felony.
6. If the offense was committed on or after July 1, 2019, any felony violation of 18.2-348 or 18.2-349.
"Tier II offense" means any violation of, attempted violation of, or conspiracy to violate 18.2-64.1, subsection C of 18.2-374.1:1, or subsection C, D, or E of 18.2-374.3.
"Tier III offense" means a violation of, attempted violation of, or conspiracy to violate:
1. Clause (ii) and (iii) of 18.2-48, former 18.1-38 with the intent to defile or, for the purpose of concubinage or prostitution, a felony violation of subdivision (2) or (3) of former 18.1-39 that involves assisting or aiding in such an abduction, 18.2-61, former 18.1-44 when such act is accomplished against the complaining witness's will, by force, or through the use of the complaining witness's mental incapacity or physical helplessness, or if the victim is under 13 years of age, subsection A of 18.2-63 where the perpetrator is more than five years older than the victim, 18.2-67.1, 18.2-67.2, 18.2-67.3, former 18.1-215 when the complaining witness is under 13 years of age, 18.2-67.4 where the perpetrator is 18 years of age or older and the victim is under the age of six, subsections A and B of 18.2-67.5, 18.2-370, subdivision (1), (2), or (4) of former 18.1-213, former 18.1-214, 18.2-370.1, or 18.2-374.1;
2. 18.2-63, 18.2-64.1, former 18.2-67.2:1, 18.2-90 with the intent to commit rape or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in 18.2-67.10, subsection A of 18.2-47, 18.2-67.4, subsection C of 18.2-67.5, clause (i) of 18.2-48, 18.2-361, 18.2-366, or subsection C of 18.2-374.1:1. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications;
3. If the offense was committed on or after July 1, 2006, 18.2-91 with the intent to commit any felony offense listed in this section. An offense listed under this subdivision shall be deemed a Tier III offense only if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that the person had been at liberty between such convictions or adjudications; or
4. Chapter 117 (18 U.S.C. 2421 et seq.) of Title 18 of the United States Code or sex trafficking (as described in 1591 of Title 18, U.S.C.).
B. "Tier I offense" as defined in this section, "Tier II offense" as defined in this section, "Tier III offense" as defined in this section, and "murder" as defined in this section includes any similar offense under the laws of any foreign country or any political subdivision thereof or the United States or any political subdivision thereof.
C. 1. Any offense under the laws of any foreign country or any political subdivision thereof or the