SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2000 SESSION

  • | print version

HB 383 SABRE; Substance Abuse Reduction Effort, Crim. Sent. Comm. to review.

Introduced by: Robert F. McDonnell | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

SABRE: Substance Abuse Reduction Effort. Creates an omnibus drug statute reform. The bill requires juveniles found delinquent and adults found guilty for a first drug offense be subject to periodic substance abuse testing, drug treatment and education. The bill mandates six months extra time on a felony sentence if the mandatory drug assessment indicates a substance abuse problem. The bill establishes quantities of certain controlled substances for which an offense of possession with intent to distribute penalizes the offender with a $1,000,000 fine and imprisonment for a period of 20 years to life, 20 years of which is a minimum, mandatory term. Those substances and quantities are: one or more kilograms of a substance containing a detectable amount of heroin, five or more kilograms of a substance containing a detectable amount of cocaine, 2.5 or more kilograms of cocaine base, 100 kilograms or more of a substance containing marijuana, 100 grams or more of methamphetamine, or 200 grams or more of a substance containing a detectable amount of methamphetamine. However, a person who violates the statute with regard to the above substances and quantities is not subject to the mandatory, minimum 20-year term if he has not been previously convicted of a violent crime, did not threaten violence in the commission of the offense, death or serious bodily injury did not occur, the person was not an organizer or leader, and the person fully cooperates. The bill also creates two new "kingpin" provisions. The first is punishable by a maximum $1,000,000 fine and by 20 years to life with a 20-year mandatory, minimum term and is predicated upon gross receipts of between $100,000 and $250,000 in any 12-month period. The substances and quantities upon which the first kingpin penalty is predicated are: one to five kilograms of a substance containing a detectable amount of heroin; five to 10 kilograms of a substance containing a detectable amount of cocaine, 2.5 to 5.0 kilograms of cocaine base, 100 to 250 kilograms of a substance containing marijuana, 100 to 250 grams of methamphetamine, and 200 grams to one kilogram of a substance containing a detectable amount of methamphetamine. The second kingpin provision also imposes a maximum $1,000,000 fine but increases imprisonment to life without release. Such punishment requires gross receipts of over $250,000, plus possession of the following substance quantities: five or more kilograms of heroin, 10 of more kilograms of a substance containing cocaine, five of more kilograms of cocaine base, 250 kilograms or more of marijuana, or 250 kilograms or more of methemphetamine. A kingpin convicted under these provisions can also have his sentence reduced to a 40-year minimum, mandatory term for substantial assistance in the prosecution of another person. The bill punishes transporting into the Commonwealth one ounce or more of any Schedule I or II controlled substance by a minimum, mandatory three-year term plus a fine of up to $1,000,000 and a minimum, mandatory term of 10 years for a second or subsequent conviction. The bill punishes possession with intent to distribute anabolic steroids with six months minimum, mandatory incarceration. The bill punishes a third felony offense of trafficking in marijuana by a sentence of five years to life with a three-year minimum, mandatory sentence, plus a maximum $500,000 fine. The bill mandates substance abuse screening, treatment and education as a condition of a suspended sentence. The bill also revises the penalty for violation of the "drug-free school zone" law (possession with intent to distribute within 1,000 feet of a school or designated school bus stop) to include a one-year minimum, mandatory term of incarceration for a second or subsequent conviction for an offense involving a Schedule I, II or III drug or more than one-half ounce of marijuana. The bill also charges the Virginia Criminal Sentencing Commission with a study of the recommended sentencing midpoints for cases involving Schedule I or II drugs and marijuana where the defendant has been previously convicted of such an offense. This bill is identical to SB 153.


FULL TEXT

AMENDMENTS

HISTORY