SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1994 SESSION

  • | print version

HB 273 Ineligibility for parole, suspension of sentence, etc.

Introduced by: C. Richard Cranwell | all patrons    ...    notes | add to my profiles

SUMMARY:

Ineligibility for parole, suspension of sentence; habitual violent criminal; bifurcated sentencing for felonies Provides a variety of punishment enhancements for serious repeat violent offenders and establishes a procedure for sentencing by juries, who will have access to the defendant's criminal record, upon conviction of any felony

. Any person convicted of a third felony involving designated acts of violence against another person (i.e., first and second degree murder, mob-related felonies, kidnapping and abduction, felony assaults and woundings, robbery, felony criminal sexual assaults), when such offenses are not part of a common act, transaction or scheme, shall, upon conviction of the third offense, be sentenced to life imprisonment and shall not be eligible for parole, probation, any good conduct allowance or any suspension of sentence. However, upon reaching age 65 and provided the person has served at least 5 years, he may be granted a "conditional release" by the Parole Board. The eligible convictions include convictions for conspiracy to commit one of the designated offenses, convictions as a principle in the second degree or as an accessory before the fact with respect to any of the specified offenses, convictions under substantially similar laws in other jurisdictions and convictions of juveniles tried as adults for the specified offenses.

The bill requires that anyone sentenced to a term of years upon a conviction of second degree murder or any of the following acts of violence in violation of Chapter 4 (§ 18.2-30 et. seq.) of Title 18.2: (i) voluntary manslaughter under Article 1; (ii) mob-related felonies under Article 2; (iii) any kidnapping or abduction felony under Article 3; (iv) any felony assault or bodily wounding under Article 4; and (v) robbery under § 18.2-58, will be eligible for parole as follows: (i) on a first commitment, after serving the lesser of two-thirds of the term or 14 years, and (ii) on a second or subsequent commitment, after serving the lesser of three-fourths of the term or 15 years. In addition, those same prisoners are to be limited to earning "good conduct" credits at a rate of 10 days for 30 days served. These provisions do not become effective unless reenacted at a Special Session of the General Assembly and will apply only to persons convicted after the effective date of the bill.

The procedures for sentencing by juries in felony cases tried by jury, the jury will receive evidence of the defendant's prior convictions, including juvenile convictions and adjudications of delinquency. The court will continue to impose sentence in those felony cases tried without a jury (§ 19.2-295).

The provisions modififying parole eligibility and good time credits will become effective only if reenacted at the special session on criminal justice issues.


FULL TEXT

AMENDMENTS

HISTORY