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2012 SESSION

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HB 968 Drug trafficking; 3 years shall be mandatory minimum term of imprisonment for subsequent offense.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Manufacturing, etc., Schedule I and II drugs. Adds a mandatory minimum term of confinement of three years for a second or subsequent conviction of manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug (now five to life) and increases the mandatory minimum term for a third or subsequent conviction from five years to 10 years. This bill is identical to SB 159.

SUMMARY AS PASSED HOUSE:

Penalty for subsequent offenses of drug trafficking. Provides that any person convicted of a second offense of drug trafficking who has also been previously convicted shall be fined not more than $500,000 and imprisoned for five to 40 years, with a mandatory minimum term of incarceration of five years. The five-year mandatory term is a new penalty. The bill also increases the mandatory minimum term of incarceration for a third such offense from five to 10 years.

SUMMARY AS INTRODUCED:

Penalty for subsequent offenses of drug trafficking. Provides that any person convicted of a second offense of drug trafficking who has also been previously convicted of any violent felony offense set forth in subsection C of § 17.1-805 shall be fined not more than $500,000 and (i) if the maximum term of incarceration for such prior violent felony offense is less than 40 years, sentenced to an additional mandatory minimum term of incarceration of five years or (ii) if the maximum term of incarceration for such violent felony offense is 40 years or more, sentenced to serve his term of incarceration consecutively with any other sentence of incarceration. The bill also increases the mandatory minimum term of incarceration for a third such offense from five to 10 years.