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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-805 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-805. Adoption of initial discretionary sentencing guideline midpoints.
A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degree
murder, second degree murder, rape in violation of § 18.2-61, forcible sodomy,
object sexual penetration, and aggravated sexual battery, shall be further increased
by (i) 125 percent in cases in which the defendant has no previous conviction
of a violent felony offense, (ii) 300 percent in cases in which the defendant
has previously been convicted of a violent felony offense punishable by a
maximum punishment of less than forty 40 years, or (iii) 500 percent in cases
in which the defendant has previously been convicted of a violent felony offense punishable by a
maximum punishment of forty 40 years or more, except that the recommended
sentence for a defendant convicted of first degree murder who has previously been convicted of a
violent felony offense punishable by a maximum term of imprisonment of forty 40
years or more shall be imprisonment for life;
2. The midpoint of the initial recommended sentencing range for voluntary
manslaughter, robbery, aggravated malicious wounding, malicious wounding, and
any burglary of a dwelling house or statutory burglary of a dwelling house or
any burglary committed while armed with a deadly weapon or any statutory
burglary committed while armed with a deadly weapon shall be further increased
by (i) 100 percent in cases in which the defendant has no previous conviction
of a violent felony offense, (ii) 300 percent in cases in which the defendant
has previously been convicted of a violent felony offense punishable by a
maximum term of imprisonment of less than forty 40 years, or (iii) 500 percent
in cases in which the defendant has previously been convicted of a violent felony offense punishable
by a maximum term of imprisonment of forty 40 years or more;
3. The midpoint of the initial recommended sentencing range for manufacturing,
selling, giving or distributing, or possessing with the intent to manufacture,
sell, give or distribute a Schedule I or II controlled substance shall be
increased by (i) 200 percent in cases in which the defendant has previously
been convicted of a violent felony offense punishable by a maximum punishment
of less than forty 40 years or (ii) 400 percent in cases in which the defendant
has previously been convicted of a violent felony offense punishable by a maximum term of
imprisonment of forty 40 years or more; and
4. The midpoint of the initial recommended sentencing range for felony offenses
not specified in subdivision 1, 2 or 3 shall be increased by 100 percent in
cases in which the defendant has previously been convicted of a violent felony
offense punishable by a maximum punishment of less than forty 40 years, and by
300 percent in cases in which the defendant has previously been convicted of a violent felony offense
punishable by a maximum term of imprisonment of forty 40 years or more.
B. For purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories.
C. For purposes of this chapter, violent felony offenses shall include
solicitation to commit murder under § 18.2-29; any violation of §§
18.2-31, 18.2-32, 18.2-32.1, 18.2-33, or § 18.2-35; any violation of subsection
B of § 18.2-36.1; any violation of §§ 18.2-40 or §, 18.2-41, 18.2-46.5,
18.2-46.6, or § 18.2-46.7; any Class 5 felony violation of § 18.2-47; any
felony violation of §§ 18.2-48, 18.2-48.1 or § 18.2-49; any violation of §§
18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1,
18.2-54.2 or § 18.2-55; any felony violation of § 18.2-57.2; any violation of §
18.2-58 or § 18.2-58.1; any felony violation of § 18.2-60.1 or § 18.2-60.3; any
violation of §§ 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.2:1,
18.2-67.3, 18.2-67.5, or § 18.2-67.5:1 involving a third conviction of either
sexual battery in violation of § 18.2-67.4 or attempted sexual battery in
violation of subsection C of § 18.2-67.5; any Class 4 felony violation of §
18.2-63; any violation of subsection A of § 18.2-77; any Class 3 felony
violation of § 18.2-79; any Class 3 felony violation of § 18.2-80; any
violation of §§ 18.2-89, 18.2-90, 18.2-91, 18.2-92 or § 18.2-93; any felony
violation of § 18.2-152.7; any Class 4 felony violation of § 18.2-153; any
Class 4 felony violation of § 18.2-154; any Class 4 felony violation of §
18.2-155; any felony violation of § 18.2-162; any violation of § 18.2-279
involving an occupied dwelling; any violation of subsection B of § 18.2-280;
any violation of §§ 18.2-281, 18.2-286.1, 18.2-289 or § 18.2-290; any felony
violation of subsection A of § 18.2-282; any violation of subsection A of §
18.2-300; any felony violation of §§ 18.2-308.1 and 18.2-308.2; any violation
of § 18.2-308.2:1, or subsection M or N of § 18.2-308.2:2; any violation of §
18.2-308.3 or § 18.2-312; any violation of subdivision (2) or (3) of §
18.2-355; any violation of § 18.2-358; any violation of subsection B of §
18.2-361; any violation of subsection B of § 18.2-366; any violation of §§
18.2-368, 18.2-370 or § 18.2-370.1; any violation of subsection A of §
18.2-371.1; any felony violation of § 18.2-369 resulting in serious bodily
injury or disease; any violation of § 18.2-374.1; any felony violation of §
18.2-374.1:1; any violation of § 18.2-374.3; any second or subsequent offense
under §§ 18.2-379 and 18.2-381; any felony violation of § 18.2-405 or §
18.2-406; any violation of §§ 18.2-408, 18.2-413, 18.2-414 or § 18.2-433.2; any
felony violation of §§ 18.2-460, 18.2-474.1 or § 18.2-477.1; any violation of
§§ 18.2-477, 18.2-478, 18.2-480 or § 18.2-485; any violation of §
53.1-203; or any conspiracy or attempt to commit any offense specified in this
subsection, and any substantially similar offense under the laws of any state,
the District of Columbia, the United States or its territories.
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.