SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
HB 1691 Penalty and bail for unlawful possession of firearms.
Introduced by: Thomas G. Baker, Jr. | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Penalty and bail for unlawful possession of firearms. Provides that any person convicted of (i) possessing a firearm on school grounds with the intent to use it, or displaying it in a threatening manner, (ii) possessing a firearm after having been previously convicted of a violent felony, or (iii) simultaneously possessing a firearm and drugs with intent to sell, shall not be eligible for probation and shall be sentenced to a minimum, mandatory term of imprisonment of five years, which shall not be suspended in whole or in part and which shall be served consecutively with any other sentence. The minimum, mandatory term is reduced to two years if the previously convicted felon’s prior felony was nonviolent. The bill also broadly amends the bail procedure by requiring an arresting officer to provide, to the extent possible, to a judicial officer the criminal history record of an arrestee; requiring a judicial officer to attempt to obtain such record; and creating a rebuttable presumption that a person should be denied bail if charged with any of certain defined acts of violence and drug and sexual offenses, a crime for which life imprisonment or the death penalty is prescribed, any felony if previously twice convicted of the sexual or violent offenses and certain firearm offenses, or any felony committed while on bail prior to a felony trial or sentencing. Current law does not create a presumption of no bail for the firearm offenses, or the offenses measured by penalty or prior offenses, or for a felony committed while on bail. The bill removes the 16-year “lookback” period which a judicial officer may investigate for prior offenses upon which the no-bail presumption is currently based. The bill requires a judicial officer, when setting bail, to consider, in addition to factors existing in the law now, whether the accused is likely to obstruct justice or attempt to obstruct justice or intimidate witnesses or jurors, etc. The bill also expands the list of conditions of release which may be imposed upon a person admitted to bail. The bill allows an attorney for the Commonwealth to appeal any bail decision made by a court over his objection and, upon motion and notice to the accused admitted to bail, to reopen the issue of bail in order to seek to revoke it. This bill is identical to SB 820.
FULL TEXT
- 01/13/99 House: Presented & ordered printed 994615817 pdf
- 02/05/99 House: Committee substitute printed 994777120-H1 pdf
- 02/07/99 House: Printed as engrossed 994777120-EH1 pdf
- 02/17/99 Senate: Committee substitute printed 994821120-S1 pdf
- 02/18/99 Senate: Committee substitute printed 994187120-S2 pdf
- 03/02/99 House: Bill text as passed House and Senate (HB1691ER) pdf
- 03/08/99 House: Bill text as passed House and Senate reprinted (HB1691ER) pdf
- 04/08/99 Governor: Acts of Assembly Chapter text (CHAP0829) pdf
AMENDMENTS
HISTORY
- 01/13/99 House: Presented & ordered printed 994615817
- 01/13/99 House: Referred to Committee for Courts of Justice
- 01/18/99 House: Assigned to C. J. sub-committee: 1
- 01/29/99 House: Reported from C. J. with amendments (24-Y 0-N)
- 01/29/99 House: Referred to Committee on Appropriations
- 02/02/99 House: Assigned to App. sub-committee: Public Safety
- 02/05/99 House: Reported from Appropriations with sub. (30-Y 0-N)
- 02/05/99 House: Committee substitute printed 994777120-H1
- 02/06/99 House: Read first time
- 02/07/99 House: Read second time
- 02/07/99 House: Committee substitute agreed to 994777120-H1
- 02/07/99 House: Amendment by Mr. Baker agreed to
- 02/07/99 House: Engrossed by House - com. sub.w/ amd. 9944777120-EH1
- 02/07/99 House: Printed as engrossed 994777120-EH1
- 02/08/99 House: Read third time and passed House (Block Vote) (99-Y 0-N)
- 02/08/99 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
- 02/08/99 House: Communicated to Senate
- 02/10/99 Senate: Constitutional reading dispensed
- 02/10/99 Senate: Referred to Committee for Courts of Justice
- 02/17/99 Senate: Committee substitute printed 994821120-S1
- 02/17/99 Senate: Reported from Courts of Justice w/sub. (15-Y 0-N)
- 02/17/99 Senate: Rereferred to Finance
- 02/18/99 Senate: Committee substitute printed 994187120-S2
- 02/18/99 Senate: Reported from Finance with substitute (17-Y 0-N)
- 02/19/99 Senate: Const. reading disp., passed by for the day (39-Y 0-N)
- 02/19/99 Senate: VOTE: CONST. RDG. DISPENSED R (39-Y 0-N)
- 02/19/99 Senate: Reconsideration of passed by for the day (39-Y 0-N)
- 02/19/99 Senate: VOTE: RECONSIDER R (39-Y 0-N)
- 02/19/99 Senate: Reconsider constitutional reading dispensed (40-Y 0-N)
- 02/19/99 Senate: VOTE: RECONSIDER R (40-Y 0-N)
- 02/19/99 Senate: Const. reading disp., passed by for the day (40-Y 0-N)
- 02/19/99 Senate: VOTE: CONST. RDG. DISPENSED R (40-Y 0-N)
- 02/22/99 Senate: Read third time
- 02/22/99 Senate: Reading of substitute waived
- 02/22/99 Senate: Committee for Courts of Justice sub. rejected 994821120-S1
- 02/22/99 Senate: Passed by temporarily
- 02/22/99 Senate: Committee on Finance substitute rejected 994187120-S2
- 02/22/99 Senate: Passed Senate (40-Y 0-N)
- 02/22/99 Senate: VOTE: PASSAGE R (40-Y 0-N)
- 03/02/99 House: Bill text as passed House and Senate (HB1691ER)
- 03/08/99 House: Bill text as passed House and Senate reprinted (HB1691ER)
- 03/12/99 House: Enrolled
- 03/12/99 House: Signed by Speaker
- 03/15/99 Senate: Signed by President
- 03/29/99 Governor: Approved by Governor-Chapter 829 (effective 7/1/99)
- 04/08/99 Governor: Acts of Assembly Chapter text (CHAP0829)