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2003 SESSION

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030358838
HOUSE BILL NO. 2458 Offered January 8, 2003 Prefiled January 8, 2003 A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 17.1 a section numbered 17.1-807, relating to modification of sentencing guidelines for cocaine distribution. ---------- Patrons-- McDougle and Cosgrove ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 8 of Title 17.1 a section numbered 17.1-807 as follows:

§ 17.1-807. Modification of sentencing guidelines for cocaine.

For any conviction under subsection C of § 18.2-248 or subsection A of § 18.2-255 involving cocaine, when a determination of sentence under sentencing guidelines is made, no consideration shall be given to the fact that the offender has no prior felony convictions or felony adjudications when his offense involved a quantity of 1 gram of cocaine or less.

2. 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 cannot be determined 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.