Be it enacted by the General Assembly of Virginia:
1. That §§18.2-46.1 and 19.2-386.28 of the Code of Virginia are amended and reenacted as follows:
§18.2-46.1. Definitions.
As used in this article unless the context requires otherwise or it is otherwise provided:
"Act of violence" means those felony offenses described in subsection A of §19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.
"Predicate criminal act" means (i) an act of
violence; (ii) any violation of §18.2-31, 18.2-42, 18.2-46.3, 18.2-51,
18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53,
18.2-53.1, 18.2-55, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-83, 18.2-89,
18.2-90, 18.2-95, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138,
18.2-146, 18.2-147, 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2, 18.2-279,
18.2-282.1, 18.2-286.1, 18.2-287.4,
18.2-289, 18.2-300, 18.2-308.1, 18.2-308.2, 18.2-308.2:01, 18.2-308.4,
18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; (iii) a felony violation of §
18.2-60.3, 18.2-346.01, 18.2-348, or 18.2-349; (iv) a felony violation of §
4.1-1101, 18.2-248, or 18.2-248.1 or a conspiracy to commit a felony violation
of §4.1-1101, 18.2-248, or 18.2-248.1; (v) any violation of a local ordinance
adopted pursuant to §15.2-1812.2; or (vi) any substantially similar offense
under the laws of another state or territory of the United States, the District
of Columbia, or the United States.
§19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported, or carried in violation of law.
Any firearm, stun weapon as defined by §18.2-308.1, or any
weapon concealed, possessed, transported, or
carried in violation of §18.2-283.1, 18.2-287.01,
18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4,
18.2-308.1:8, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5,
18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed
of as provided in §19.2-386.29.
2. That §18.2-287.4 of the Code of Virginia is repealed.