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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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1994 SESSION
SB 115 Ineligibility for parole.
Introduced by: Madison E. Marye | 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. 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 bill prescribes procedures for sentencing by juries in all felony cases tried by jury. The trial jury is to do the sentencing and 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).
FULL TEXT
- 01/18/94 Senate: Presented and ordered printed pdf
- 02/04/94 Senate: Committee substitute printed LD4319701 (SB115S1) pdf
- 02/15/94 Senate: Printed as engrossed LD4319701 (SB115ES1) pdf
- 03/08/94 House: Committee substitute printed LD9604701 (SB115H1) pdf
- 03/21/94 Senate: Bill text as passed Senate and House (SB115ER) pdf
- 04/21/94 Governor: Acts of Assembly Chapter text (CHAP0828) pdf
AMENDMENTS
HISTORY
- 01/18/94 Senate: Presented and ordered printed
- 01/18/94 Senate: Referred to Committee on Rehabilitation and Social Services
- 02/04/94 Senate: Reported from R. & S. S. with sub. (14-Y 0-N)
- 02/04/94 Senate: Rereferred to Courts of Justice
- 02/04/94 Senate: Committee substitute printed LD4319701 (SB115S1)
- 02/13/94 Senate: Reported from Courts of Justice w/amds. (14-Y 1-N)
- 02/14/94 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/14/94 Senate: VOTE: CONST. READING DISPENSED (39-Y 0-N)
- 02/15/94 Senate: Read second time
- 02/15/94 Senate: Reading of substitute with amendments waived
- 02/15/94 Senate: Committee substitute agreed to
- 02/15/94 Senate: Emergency clause added
- 02/15/94 Senate: Committee amendments agreed to
- 02/15/94 Senate: Emergency clause deleted
- 02/15/94 Senate: Engrossed by Senate-comm. substitute/w amdts.
- 02/15/94 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/15/94 Senate: VOTE: CONST. READING DISPENSED (38-Y 0-N)
- 02/15/94 Senate: Passed Senate (39-Y 0-N)
- 02/15/94 Senate: VOTE: PASSAGE (39-Y 0-N)
- 02/15/94 Senate: Communicated to House
- 02/15/94 Senate: Printed as engrossed LD4319701 (SB115ES1)
- 02/16/94 House: Placed on Calendar
- 02/17/94 House: Read first time
- 02/17/94 House: Referred to Committee for Courts of Justice
- 02/23/94 House: Assigned to C. J. sub-committee: 1
- 03/08/94 House: Committee substitute printed LD9604701 (SB115H1)
- 03/08/94 House: Reported from C. J. with substitute (20-Y 2-N)
- 03/08/94 House: Read second time
- 03/09/94 House: Read third time
- 03/09/94 House: Committee substitute agreed to
- 03/09/94 House: Amendment by Del. Almand agreed to
- 03/09/94 House: Engrossed by House-committee substitute with amd.
- 03/09/94 House: Passed House with sub. with amendment (92-Y 5-N)
- 03/09/94 House: VOTE: PASSAGE (92-Y 5-N)
- 03/10/94 Senate: Passed by temporarily
- 03/10/94 Senate: Reading of substitute with amendment waived
- 03/10/94 Senate: House sub. w/amd. agreed to by Senate (39-Y 0-N)
- 03/10/94 Senate: VOTE: CONCUR HOUSE AMENDMENT (39-Y 0-N)
- 03/21/94 Senate: Bill text as passed Senate and House (SB115ER)
- 03/28/94 Senate: Enrolled
- 03/29/94 House: Signed by Speaker
- 03/30/94 Senate: Signed by President
- 04/12/94 Senate: Governor's recommendation received by Senate
- 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 House: House concurred in Gov's recommendation (100-Y 0-N)
- 04/20/94 House: VOTE: ADOPTION (100-Y 0-N)
- 04/20/94 Governor: Governor's recommendation adopted
- 04/20/94 Senate: Reenrolled
- 04/20/94 Senate: Signed by President as reenrolled
- 04/20/94 House: Signed by Speaker as reenrolled
- 04/20/94 House: Enacted, Chapter 828 (effective-see bill)
- 04/21/94 Governor: Acts of Assembly Chapter text (CHAP0828)