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2015 SESSION

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HB 1638 Felony homicide; violation of felony drug offenses, penalty.

Introduced by: Jackson H. Miller | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Felony homicide; felony drug offenses; penalty. Provides that the killing of one accidentally, contrary to the intention of the parties, from the use of a controlled substance in violation of a felony drug offense involving the manufacture, sale, gift, distribution, or possession with the intent to manufacture, sell, give, or distribute a controlled substance, regardless of any lapse in time between the felony drug offense and the use of the controlled substance, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than 40 years. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the felony violation of § 18.2-248 occurred, where the use of the controlled substance occurred, or where the death occurred. This bill overrules the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014). This bill was incorporated into HB 1427.


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