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2021 SESSION

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20100863D
HOUSE BILL NO. 1545 Offered January 10, 2020 A BILL to amend the Code of Virginia by adding a section numbered 17.1-805.1, relating to discretionary sentencing guideline midpoints; act of domestic terrorism enhancement. ---------- Patron-- Samirah ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 17.1-805.1 as follows:

§ 17.1-805.1. Discretionary sentencing guideline midpoints; act of domestic terrorism.

A. For purposes of this section, an act of domestic terrorism includes any violation that is an act of violence as defined in § 19.2-297.1 or any felony violation of § 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-56.1, 18.2-57, 18.2-83, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-138, 18.2-186.4, 18.2-279, 18.2-282, 18.2-282.1, 18.2-289, 18.2-300, 18.2-308.1, 18.2-308.2, 18.2-308.2:01, 18.2-312, 18.2-423, 18.2-423.01, 18.2-423.1, or 18.2-423.2, with the intent to (i) intimidate or coerce a civilian population; (ii) influence the policy of a local, state, or federal government by intimidation or coercion; or (iii) disrupt the conduct or workings of a local, state, or federal government.

B. In addition to any increases in the midpoint of an initial recommended sentencing range calculated in accordance with § 17.1-805, the midpoint of the recommended sentencing range for any act of domestic terrorism shall be further increased by 200 percent in all cases.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.