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1997 SESSION

973193485
HOUSE BILL NO. 1925
Offered January 8, 1997
A BILL to amend and reenact §§ 18.2-22, 18.2-29 and 18.2-256 of the Code of Virginia, relating to conspiracy to commit a felony and solicitation; penalty.
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Patrons-- Watts, Cunningham, McEachin, Plum, Puller and Scott
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §§ 18.2-22, 18.2-29 and 18.2-256 of the Code of Virginia are amended and reenacted as follows:

§ 18.2-22. Conspiracy to commit felony.

(a) If any person shall conspire, confederate or combine conspires, confederates, or combines with another, either within or without this Commonwealth, to commit a felony within this Commonwealth, or if he shall so conspire, confederate or combine conspires, confederates, or combines with another within this Commonwealth to commit a felony either within or without this Commonwealth, he shall be guilty of a felony which shall be punishable as follows:

(1) Every person who so conspires to commit an offense which is punishable by death shall be guilty of a Class 3 felony; however, if an adult conspires with a minor to commit an offense involving the use of a handgun, the adult shall be guilty of a Class 2 felony;

(2) Every person who so conspires to commit an offense which is a noncapital felony shall be guilty of a Class 5 felony; however, if an adult conspires with a minor to commit an offense involving the use of a handgun, the adult shall be guilty of a Class 4 felony; and

(3) Every person who so conspires to commit an offense the maximum punishment for which is confinement in a state correctional facility for a period of less than five years shall be confined in a state correctional facility for a period of one year, or, in the discretion of the jury or the court trying the case without a jury, may be confined in jail not exceedingfor no more than twelve months and fined not exceeding no more than $500, either or both; however, if an adult conspires with a minor to commit an offense involving the use of a handgun, the adult shall be confined in a state correctional facility for a period of one year or, in the discretion of the jury or the court trying the case without a jury, may be confined in jail for no more than twelve months and fined no more than $2,500, either or both .

(b) However, in In no event shall the punishment for a conspiracy to commit an offense exceed the maximum punishment for the commission of the offense itself.

(c) Jurisdiction for the trial of any person accused of a conspiracy under this section shall be in the county or city wherein any part of such conspiracy is planned or in the county or city wherein any act is done toward the consummation of such plan or conspiracy.

(d) The penalty provisions of this section shall not apply to any person who conspires to commit any offense defined in Chapter 34 of Title 54.1 or of Article 1 (§ 18.2-247 et seq.), Chapter 7 of this title. The penalty for any such violation shall be as provided in § 18.2-256.

§ 18.2-29. Criminal solicitation; penalty.

Any person who commands, entreats, or otherwise attempts to persuade another person to commit a felony, shall be guilty of a Class 6 felony. Any person age eighteen or older who commands, entreats, or otherwise attempts to persuade another person under age eighteen to commit a felony, shall be guilty of a Class 5 felony; however, if such solicitation is for the commission of a felony offense involving the use of a handgun, the adult shall be guilty of a Class 4 felony.

§ 18.2-256. Conspiracy.

Any person who conspires to commit any offense defined in this article or in the Drug Control Act (§ 54.1-3400 et seq.) is punishable by imprisonment or fine or both which may not be less than the minimum punishment nor exceed the maximum punishment prescribed for the offense, the commission of which was the object of the conspiracy. However, if an adult conspires with a minor to commit such an offense involving the use of a handgun, the adult conspirator shall be given the maximum punishment prescribed for the offense which was the object of the conspiracy.

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 $ 125,000.