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1998 SESSION

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988361350
HOUSE BILL NO. 397 Offered January 15, 1998 A BILL to amend and reenact § 18.2-19 of the Code of Virginia, relating to accessories after the fact; punishment. ---------- Patrons-- McDonnell, Harris and Wagner ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-19 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-19. How accessories after the fact punished; certain exceptions.

InA. Except as provided in subsection B or C, in the case of every felony, every accessory after the fact shall be guilty of a Class 1 misdemeanor; provided, however, no person in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon or accessory before the fact to avoid or escape from prosecution or punishment, shall be deemed an accessory after the fact.

B. Every accessory after the fact who destroys or attempts to destroy evidence of a crime or intentionally mislead law-enforcement personnel in the investigation of the crime shall, if the crime is a felony punishable by a maximum punishment of life imprisonment or a term of years in excess of twenty years, be guilty of a Class 4 felony; if the crime is a felony punishable by a maximum punishment of twenty years' imprisonment, be guilty of a Class 5 felony; and if the crime is a felony punishable by a maximum punishment of less than twenty years' imprisonment, be guilty of a Class 6 felony.

C. Any person who harbors or secretes another, with knowledge that the other person committed a misdemeanor and after notice is received from law enforcement that the person is being sought in connection with that crime, shall be guilty of a Class 1 misdemeanor. Every accessory after the fact who harbors or secretes another person, with knowledge that the other person committed a felony and after notice is received from law enforcement that the person is being sought in connection with a felony, shall be guilty of a Class 5 felony; provided, however, no person in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister, by consanguinity or affinity, or servant to the offender, who, after the commission of a felony, shall aid or assist a principal felon or accessory before the fact to avoid or escape from prosecution or punishment, shall be deemed guilty of a violation of this subsection.

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 $62,500.