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2003 SESSION
034063764Be it enacted by the General Assembly of Virginia:
1. That §§ 18.2-8, 18.2-10, 18.2-22, 18.2-25 and 19.2-152.2 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-8. Felonies, misdemeanors and traffic infractions defined.
Offenses are either felonies or misdemeanors. Such offenses as are punishable
with death or confinement in a state correctional facility are felonies; all
other offenses are misdemeanors. Traffic infractions are violations of public
order as defined in § 46.2-100 and not deemed to be criminal in nature.
§ 18.2-10. Punishment for conviction of felony.
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, death, if the person so convicted was sixteen years
of age or older at the time of the offense, or imprisonment for life and,
subject to subdivision (g), a fine of not more than $100,000. If the person was
under sixteen years of age at the time of the offense, the punishment shall be
imprisonment for life and, subject to subdivision (g), a fine of not more than
$100,000. Any person sentenced to life imprisonment pursuant to this subsection
shall not be eligible for parole and shall not be eligible for any good conduct
allowance, any earned sentence credits under Chapter 6 (§ 53.1-186 et
seq.) of Title 53.1, or conditional release pursuant to § 53.1-40.01.
(b) For Class 2 felonies, imprisonment for life or for any term not less than
twenty 20 years and, subject to subdivision (g), a fine of not more than
$100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five 5 years
nor more than twenty 20 years and, subject to subdivision (g), a fine of not
more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two 2 years
nor more than ten 10 years and, subject to subdivision (g), a fine of not more
than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one 1 year
nor more than ten 10 years, or in the discretion of the jury or the court
trying the case without a jury, confinement in jail for not more than twelve 12
months and a fine of not more than $2,500, either or both.
(f) For Class 6 felonies, a term of imprisonment of not less than one 1 year
nor more than five 5 years, or in the discretion of the jury or the court
trying the case without a jury, confinement in jail for not more than twelve 12
months and a fine of not more than $2,500, either or both.
(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1
felonies for which a sentence of death is imposed, the court shall impose
either a sentence of imprisonment together with a fine, or imprisonment only. However, if the
defendant is not a natural person, the court shall impose only a fine.
For any felony offense committed (i) on or after January 1, 1995, the court
may, and (ii) on or after July 1, 2000, shall, except in cases in which the
court orders a suspended term of confinement of at least six 6 months, impose
an additional term of not less than six 6 months nor more than three 3 years,
which shall be suspended conditioned upon successful completion of a period of
post-release supervision pursuant to § 19.2-295.2 and compliance with such
other terms as the sentencing court may require. However, such additional term
may only be imposed when the sentence includes an active term of incarceration
in a correctional facility.
For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
§ 18.2-22. Conspiracy to commit felony.
(a) If any person shall conspire, confederate or combine with another, either within or without this Commonwealth, to commit a felony within this Commonwealth, or if he shall so conspire, confederate or combine with another within this Commonwealth to commit a felony either within or without this Commonwealth, he shall be guilty of a felony which shall be punishable as follows:
(1) Every person who so conspires to commit an offense which is punishable by
death as a capital offense shall be guilty of a Class 3 felony;
(2) Every person who so conspires to commit an offense which is a noncapital felony shall be guilty of a Class 5 felony; and
(3) Every person who so conspires to commit an offense the maximum punishment
for which is confinement in a state correctional facility for a period of less
than five 5 years shall be confined in a state correctional facility for a
period of one 1 year, or, in the discretion of the jury or the court trying the
case without a jury, may be confined in jail not exceeding twelve 12 months and
fined not exceeding $500, either or both.
(b) However, in no event shall the punishment for a conspiracy to commit an offense exceed the maximum punishment for the commission of the offense itself.
(c) Jurisdiction for the trial of any person accused of a conspiracy under this section shall be in the county or city wherein any part of such conspiracy is planned or in the county or city wherein any act is done toward the consummation of such plan or conspiracy.
(d) The penalty provisions of this section shall not apply to any person who conspires to commit any offense defined in Chapter 34 of Title 54.1 or of Article 1 (§ 18.2-247 et seq.), Chapter 7 of this title. The penalty for any such violation shall be as provided in § 18.2-256.
§ 18.2-25. Attempts to commit capital offenses; how punished.
If any Any person who attempts to commit an offense which that is punishable
with death, he as a Class 1 felony shall be guilty of a Class 2 felony.
§ 19.2-152.2. Purpose; establishment of program.
It is the purpose of this article to provide more effective protection of
society by establishing programs which will assist judicial officers in
discharging their duties pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter
9 of this title. Such programs are intended to provide better information and
services for use by judicial officers in determining the risk to public safety
and the assurance of appearance of persons held in custody and charged with an
offense, other than an offense punishable by death as a Class 1 felony, who are
pending trial or hearing. Any city, county or combination thereof may establish
a pretrial services program and any city, county or combination thereof
required to submit a community-based corrections plan pursuant to § 53.1-82.1
shall establish a pretrial services program.
2. That the provisions of this act shall apply to Class 1 felonies committed on or after July 1, 2003.
3. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $66,080 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.