2023 Regular SessionVirginia Legislature

HB2166: Racketeering offenses; penalty.

Legislative Summary

Racketeering offenses; penalty. Adds petit larceny to the list of offenses included in the definition of "racketeering activity." The bill prohibits any person who is directed by an organizer, supervisor, or manager of an enterprise from (i) receiving or distributing any proceeds or anything of value known to have been derived directly from racketeering activity and (ii) using or investing an aggregate of $10,000 or more of such proceeds or such things of value in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise. A first offense is punishable by between five and 40 years' imprisonment and a fine of not more than $1 million, and a second or subsequent offense is punishable as a Class 2 felony and a fine of not more than $2 million. Racketeering offenses; penalty. Adds petit larceny to the list of offenses included in the definition of "racketeering activity." The bill prohibits any person who is directed by an organizer, supervisor, or manager of an enterprise from (i) receiving or distributing any proceeds or anything of value known to have been derived directly from racketeering activity and (ii) using or investing an aggregate of $10,000 or more of such proceeds or such things of value in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise. A first offense is punishable by between five and 40 years' imprisonment and a fine of not more than $1 million, and a second or subsequent offense is punishable as a Class 2 felony and a fine of not more than $2 million. Current law criminalizes an enterprise or any person who occupies a position of organizer, supervisor, or manager of an enterprise for (a) receiving proceeds from racketeering and (b) using or investing $10,000 or more of such proceeds in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise.

Bill History

1/11/2023
Prefiled and ordered printed; offered 01/11/23 23103003D
House of Delegates
1/11/2023
Referred to Committee for Courts of Justice
House of Delegates
1/26/2023
Assigned Courts sub: Subcommittee #1
House of Delegates
1/27/2023
Subcommittee recommends reporting with substitute (8-Y 0-N)
House of Delegates
2/1/2023
Reported from Courts of Justice with substitute (16-Y 4-N)
House of Delegates
2/1/2023
Committee substitute printed 23105795D-H1
House of Delegates
2/3/2023
Read first time
House of Delegates
2/6/2023
Read second time
House of Delegates
2/6/2023
Committee substitute agreed to 23105795D-H1
House of Delegates
2/6/2023
Engrossed by House - committee substitute HB2166H1
House of Delegates
2/7/2023
Read third time and passed House (55-Y 44-N)
House of Delegates
2/7/2023
VOTE: Passage (55-Y 44-N)
House of Delegates
2/8/2023
Constitutional reading dispensed
Senate
2/8/2023
Referred to Committee on the Judiciary
Senate
2/15/2023
Reported from Judiciary with substitute (8-Y 7-N)
Senate
2/15/2023
Committee substitute printed 23106927D-S1
Senate
2/15/2023
Rereferred to Finance and Appropriations
Senate
2/16/2023
Reported from Finance and Appropriations (9-Y 7-N)
Senate
2/20/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/21/2023
Read third time
Senate
2/21/2023
Reading of substitute waived
Senate
2/21/2023
Committee substitute agreed to 23106927D-S1
Senate
2/21/2023
Engrossed by Senate - committee substitute HB2166S1
Senate
2/21/2023
Passed Senate with substitute (21-Y 18-N)
Senate
2/22/2023
Senate substitute agreed to by House 23106927D-S1 (57-Y 40-N)
House of Delegates
2/22/2023
VOTE: Adoption (57-Y 40-N)
House of Delegates
3/7/2023
Enrolled
House of Delegates
3/7/2023
Bill text as passed House and Senate (HB2166ER)
House of Delegates
3/8/2023
Signed by Speaker
House of Delegates
3/8/2023
Signed by President
Senate
3/13/2023
Enrolled Bill communicated to Governor on March 13, 2023
House of Delegates
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/26/2023
Governor: Approved by Governor-Chapter 607 (effective 7/1/23)
3/26/2023
Governor: Acts of Assembly Chapter text (CHAP0607)

Amendments

Substitute for HB2166 Courts of Justice, Subcommittee #1

Substitute for HB2166 Courts of Justice, Subcommittee #1

1/27/2023Adopted

Roll Call Votes

House: VOTE: Adoption (57-Y 40-N)
2/22/2023
57
Yea
40
Nay
0
Not Voting
3
Absent
Result: PASSED
Senate: Passed Senate with substitute (21-Y 18-N)
2/21/2023
21
Yea
18
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/20/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations (9-Y 7-N)
2/16/2023
9
Yea
7
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Judiciary with substitute (8-Y 7-N)
2/15/2023
8
Yea
7
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Passage (55-Y 44-N)
2/7/2023
55
Yea
44
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Reported from Courts of Justice with substitute (16-Y 4-N)
2/1/2023
16
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (8-Y 0-N)
1/27/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/26/2023)
Chamber
House of Delegates
Sine DiePrior Session

Documents

Chaptered
Bill Text3/26/20239.3 KB
Enrolled
Bill Text3/7/20239.3 KB
Comm Sub
Bill Text2/15/20239.5 KB
Comm Sub
Bill Text2/1/20239.4 KB
Prefiled
Bill Text1/11/20239.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/8/202381.1 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/17/202381.4 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/16/202334.7 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/5/202369.2 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/3/202334.9 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/17/202370.3 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/12/202334.5 KB