HB 89 — Disorderly conduct in public places; provisions shall not apply to student in grades kindergarten-8.

SESSION LEGISLATIONHOUSE NOTSUBSTITUTE PREPARED22105274D BYHOUSE DLS INTRODUCED 22103852D I Offered January 12, 2022 N Prefiled January 6, 2022 A BILL toNO. amend and reenact § 18.2-415 of the Code of Virginia, relating to disorderly conduct in public places.

R89 ––––––––––AMENDMENT OIN Patron––WalkerTHE ––––––––––NATURE DOF ReferredA to––––––––––SUBSTITUTE (Proposed by the House Committee on Education U(Patron BePrior itto enactedSubstitute––Delegate byWalker) theA GeneralBILL Assemblyto amend and reenact § 18.2-415 of Virginia:the Code of Virginia, relating to disorderly conduct in public places;

certain students.

Be it enacted by the General Assembly of Virginia:

CA. § 18.2-415.

Disorderly conduct in public places.

E A.

D1. public place engages in conduct having a direct tendency to cause acts of violence by the person orn a persons at whom, individually, such conduct is directed;

2.In any street, highway, or public building, or while in or on a public conveyance, or while in a public place engages in conduct having a direct tendency to cause acts of violence by the person or per2.

Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society, or place of religious worship, if the disruption (i) directprevents tendencyor tointerferes causewith actsthe oforderly violenceconduct byof the personfuneral, ormemorial personsservice, ator whom,meeting individually,orS(ii) thehas disruption a is directed;

or 9to cause acts of violence by the person or persons at whom, individually, the dEsruption 3.

Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violencevioSence by the perB.

The person in charge of any such building, place, conveyance, meeting, operation, or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary,necessaSy, of any personsperD. who may be called upon for such purpose.

The provisions of this section shall not apply to any elementary or secondary school student in grades kindergarten through eight if the disorderly conduct occurred on the property of any elementary 35 D.or secondary school, on a school bus as defined in § 46.2-100, or at any activity conducted or sponsored 36 by any elementary or secondary school.

TheT provisions of this section shall not apply to any elementary or secondary school student if the 37 definedE. in § 46.2-100, or at any activity conducted or sponsored by any elementary or secondary school.

38The E.governing bodies of counties, cities, and towns are authorized to adopt ordinances prUhibiting 39 therefor shall not exceed that prescribed for a Class 1 misdemeanor.

TheA governingperson bodiesviolating ofany counties,provision cities,of and40 towns are authorized to adopt ordinances prohibiting 39 and punishing the acts and conduct prohibited by this section,section providedis thatguilty theof punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor.

AT personE violatingB anyH provision of this section is guilty of a Class 1 misdemeanor.