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1995 SESSION

LD3350812
SENATE BILL NO. 539
Offered January 25, 1994
A BILL to amend the Code of Virginia by adding a section numbered 19.2-295.1, relating to sentence for second conviction of a violent felony; penalty.
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Patrons--Stolle, Barry, Bell, Benedetti, Calhoun, Chichester, Colgan, Cross, Earley, Goode, Hawkins, Holland, E.M., Houck, Marsh, Miller, K.G., Norment, Potts, Quayle, Robb, Saslaw, Stosch, Trumbo, Waddell, Wampler and Woods; Delegates: Cantor, Copeland, Hamilton, Morgan, Purkey, Tata, Wagner, Wardrup and Way
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Referred to the Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-295.1 as follows:

§ 19.2-295.1. Sentence of person previously convicted of certain violent felonies.

A. Any person previously convicted of a felony offense involving acts of violence, as defined in this subsection, when such offense was not part of a common act, transaction or scheme with the felony offense or offenses involving acts of violence for which that person is currently charged or indicted, shall, upon conviction of the current offense, be sentenced as provided in this section, provided it is alleged in the indictment on which he is convicted, and admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of such felony offense involving acts of violence. For the purposes of this section, "acts of violence" means (i) the following violations of Chapter 4 ( § 18.2-30 et seq.) of Title 18.2:

a. Murder and voluntary manslaughter under Article 1;

b. Mob-related felonies under Article 2;

c. Any kidnapping or abduction felony under Article 3;

d. Any felony assault or bodily wounding under Article 4;

e. Robbery under § 18.2-58; and

f. Any criminal sexual assault punishable as a felony under Article 7;

(ii) conspiracy to commit any of the violations enumerated in clause (i) of this subsection; and (iii) violations as a principal in the second degree or accessory before the fact of the provisions enumerated in clause (i) of this subsection.

Prior convictions shall include convictions under the laws of any state or of the United States, including convictions of a juvenile tried as an adult pursuant to the provisions of Article 7 (§ 16.1-269 et seq.) of Chapter 11 of Title 16.1 or similar statutes of another state or the United States, for any offense substantially similar to those listed under "acts of violence" if such offense would be a felony if committed in the Commonwealth.

B. For persons convicted pursuant to the provisions of subsection B, the authorized punishments are:

1. For felony offenses involving acts of violence which are punishable by a minimum term of imprisonment of ten years or less, a conviction following a prior conviction of a felony offense involving acts of violence shall be punishable by imprisonment for life or for any term not less than twenty years.

2. For felony offenses involving acts of violence which are punishable by a minimum term of imprisonment of more than ten years, a conviction following a prior conviction of a felony offense involving acts of violence shall be punishable by imprisonment for life or for any term not less than forty years.

C. In cases tried pursuant to this section by a jury, the proceeding shall be bifurcated. The court shall first submit to the jury the issue of guilt or innocence of the defendant of the felony offense or offenses involving acts of violence charged in the indictment, or any other offense supported by the evidence not enumerated in subsection A for which punishment is provided by law and the penalties therefor.

If the jury finds the defendant guilty of an offense not subject to the provisions of this section, it shall fix the punishment for such offense as provided by law.

If the jury finds the defendant guilty of an offense subject to the provisions of this section, then a separate proceeding before the same jury shall be held as soon as is practicable on the issue of whether the defendant has previously been convicted of a felony offense involving acts of violence and on the issue of the penalty. The punishment shall be fixed as is provided in subsection B if the jury finds that the defendant has previously been convicted of a felony offense involving acts of violence. If the jury finds that the defendant has not previously been convicted of a felony offense involving acts of violence, punishment shall be fixed by the jury as otherwise provided by law.

If the sentence imposed pursuant to the provisions of this section is subsequently set aside or found invalid, and the defendant or the Commonwealth requests a jury for purposes of resentencing, the court shall impanel a different jury on the issue of penalty.

D. Persons found guilty of a Class 1 felony shall not be subject to the provisions of this section.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $19,614,200.