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2000 SESSION
000338216Be it enacted by the General Assembly of Virginia:
1. That § 16.1-272 of the Code of Virginia is amended and reenacted as follows:
§ 16.1-272. Power of circuit court over juvenile offender.
A. In any case in which a juvenile is indicted, the offense for which he is indicted and all ancillary charges shall be tried in the same manner as provided for in the trial of adults, except as otherwise provided with regard to sentencing. Upon a finding of guilty of any charge other than capital murder, the court shall fix the sentence without the intervention of a jury.
1. If a juvenile is convicted of a violent juvenile any felony, the sentence
for that offense and for all ancillary crimes shall be fixed by the court in
the same manner as provided for adults, but the sentence may be suspended
conditioned upon successful completion of such terms and conditions as may be
imposed in a juvenile court upon disposition of a delinquency case including,
but not limited to, commitment under subdivision 14 of § 16.1-278.8 or §
16.1-285.1.
2. If the juvenile is convicted of any other felony, the court may sentence or
commit the juvenile offender in accordance with the criminal laws of this
Commonwealth or may in its discretion deal with the juvenile in the manner
prescribed in this chapter for the hearing and disposition of cases in the
juvenile court, including, but not limited to, commitment under § 16.1-285.1.
3. If the juvenile is not convicted of a felony but is convicted of a
misdemeanor, the court shall deal with the juvenile in the manner prescribed by law for
the disposition of a delinquency case in the juvenile court.
B. If the circuit court decides to deal with the juvenile in the same manner as a case in the juvenile court and places the juvenile on probation, the juvenile may be supervised by a juvenile probation officer.
C. Whether the court sentences and commits the juvenile as a juvenile under this chapter or under the criminal law, in cases where the juvenile is convicted of a felony in violation of §§ 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or § 18.2-370.1 or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in § 18.2-67.10, subsection B of § 18.2-361 or subsection B of § 18.2-366, the clerk shall make the report required by § 19.2-390 to the Sex Offender Registry established pursuant to § 19.2-390.1.
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 in FY 2010.