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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
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
- 01/18/94 House: Presented and ordered printed pdf
- 02/14/94 House: Committee substitute printed LD0237176 (HB273H1) pdf
- 03/06/94 Senate: Committee substitute printed LD5572176 (HB273S1) pdf
- 03/22/94 House: Bill text as passed House and Senate (HB273ER) pdf
- 04/20/94 Governor: Acts of Assembly Chapter text (CHAP0881) pdf
AMENDMENTS
HISTORY
- 01/18/94 House: Presented and ordered printed
- 01/18/94 House: Referred to Committee for Courts of Justice
- 02/07/94 House: Assigned to C. J. sub-committee: 1
- 02/14/94 House: Reported from C. J. with substitute (20-Y 2-N)
- 02/14/94 House: Committee substitute printed LD0237176 (HB273H1)
- 02/14/94 House: Read first time
- 02/15/94 House: Constitutional reading dispensed
- 02/15/94 House: Committee substitute agreed to
- 02/15/94 House: Engrossed by House - committee substitute
- 02/15/94 House: Read third time and passed House (96-Y 3-N)
- 02/15/94 House: VOTE: PASSAGE (96-Y 3-N)
- 02/15/94 House: Communicated to Senate
- 02/17/94 Senate: Read first time
- 02/17/94 Senate: Referred to Committee for Courts of Justice
- 03/06/94 Senate: Reported from Courts of Justice w/sub. (15-Y 0-N)
- 03/06/94 Senate: Committee substitute printed LD5572176 (HB273S1)
- 03/07/94 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/07/94 Senate: VOTE: CONST. READING DISPENSED (40-Y 0-N)
- 03/08/94 Senate: Read third time
- 03/08/94 Senate: Reading of substitute waived
- 03/08/94 Senate: Committee substitute agreed to
- 03/08/94 Senate: Engrossed by Senate - committee substitute
- 03/08/94 Senate: Passed Senate with substitute (40-Y 0-N)
- 03/08/94 Senate: VOTE: PASSAGE (40-Y 0-N)
- 03/09/94 House: Placed on Calendar
- 03/09/94 House: Senate substitute agreed to by House (91-Y 5-N)
- 03/09/94 House: VOTE: ADOPTION (91-Y 5-N)
- 03/22/94 House: Bill text as passed House and Senate (HB273ER)
- 03/29/94 House: Enrolled
- 03/30/94 Senate: Signed by President
- 03/31/94 House: Signed by Speaker
- 04/12/94 House: Governor's recommendation received by House
- 04/20/94 House: House concurred in Gov's recommendation (96-Y 0-N)
- 04/20/94 House: VOTE: ADOPTION (96-Y 0-N)
- 04/20/94 Senate: Senate concurred in Gov's recommendation (40-Y 0-N)
- 04/20/94 Senate: VOTE: ADOPT GOVERNOR'S RECOMM. (40-Y 0-N)
- 04/20/94 Governor: Governor's recommendation adopted
- 04/20/94 House: Reenrolled
- 04/20/94 House: Signed by Speaker as reenrolled
- 04/20/94 Senate: Signed by President as reenrolled
- 04/20/94 House: Enacted, Chapter 881 (effective-see bill)
- 04/20/94 Governor: Acts of Assembly Chapter text (CHAP0881)