                                 CODE OF VIRGINIA

OFFENSES PROHIBITING ENTRY ONTO SCHOOL OR OTHER PROPERTY; PENALTY (§
18.2-370.5)

A. Every adult who is convicted of a Tier III offense, as defined in &#xA7;
9.1-902, shall be prohibited from entering or being present (i) during school
hours, and during school-related or school-sponsored activities upon any
property he knows or has reason to know is a public or private elementary or
secondary school or child day center property; (ii) on any school bus as defined
in &#xA7; 46.2-100; or (iii) upon any property, public or private, during hours
when such property is solely being used by a public or private elementary or
secondary school for a school-related or school-sponsored activity.

B. The provisions of clauses (i) and (iii) of subsection A shall not apply to
such adult if (i) he is a lawfully registered and qualified voter, and is coming
upon such property solely for purposes of casting his vote; (ii) he is a student
enrolled at the school; or (iii) he has obtained a court order pursuant to
subsection C allowing him to enter and be present upon such property, has
obtained the permission of the school board or of the owner of the private
school or child day center or their designee for entry within all or part of the
scope of the lifted ban, and is in compliance with such school board&#8217;s,
school&#8217;s or center&#8217;s terms and conditions and those of the court
order.

C. Every adult who is prohibited from entering upon school or child day center
property pursuant to subsection A may after notice to the attorney for the
Commonwealth and either (i) the proprietor of the child day center, (ii) the
Superintendent of Public Instruction and the chairman of the school board of the
school division in which the school is located, or (iii) the chief administrator
of the school if such school is not a public school, petition the circuit court
in the county or city where the school or child day center is located for
permission to enter such property. The court shall direct that the petitioner
shall cause notice of the time and place of the hearing on his petition to be
published once a week for two successive weeks in a newspaper meeting the
requirements of &#xA7; 8.01-324. The newspaper notice shall contain a provision
stating that written comments regarding the petition may be submitted to the
clerk of court at least five days prior to the hearing. For good cause shown,
the court may issue an order permitting the petitioner to enter and be present
on such property, subject to whatever restrictions of area, reasons for being
present, or time limits the court deems appropriate.

D. A violation of this section is punishable as a Class 6 felony.

HISTORY: 2007, cc. 284, 370; 2008, c. 781; 2010, c. 402; 2011, cc. 648, 796,
855; 2015, c. 688; 2020, c. 829.