HB 1053 Criminal penalties; revision throughout Code.
David B. Albo | all patrons    ...    notes
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Summary as passed House: (all summaries)
Criminal penalty revisions. Adds a new felony class of five to 40 years to the existing six classes in order to classify as many unclassified felonies as possible. A Class 1 felony (life imprisonment or death sentence) is renamed a capital felony and a Class 2 felony (20 years to life) is renumbered a Class 1 felony. The new felony of five to 40 years becomes a Class 2 felony. The crimes of abduction and assault are broken into degrees. The penalties for malicious wounding of a police officer and malicious wounding with a caustic substance are raised to Class 2 felonies (five to 40 years) from the current penalty of five to 30 years. The "marital exemptions" for forcible sodomy and object sexual penetration are eliminated, as was done with rape during the 2002 General Assembly Session. The penalty for conspiring or attempting to abduct a person is raised to the same level as conspiracies and attempts for other crimes. Many of the revisions made are ancillary Code changes necessitated by the substantive changes. This bill is recommended by the Title 18.2 Study Subcommittee of the Virginia State Crime Commission and is a response to HJR 687 (2001), which requested the Crime Commission to study the organizations and inconsistencies in Title 18.2, the level and extent of penalty and to review the proportionality of criminal penalties. The bill has an effective date of July 1, 2005.

Full text:
01/14/04  House: Presented & ordered printed, prefiled 01/14/04 040795134  pdf | impact statement
02/14/04  House: Committee substitute printed 040208204-H1  pdf | impact statement

01/14/04  House: Presented & ordered printed, prefiled 01/14/04 040795134
01/14/04  House: Referred to Committee for Courts of Justice
02/13/04  House: Reported from C. J. with substitute (17-Y 3-N)
02/14/04  House: Committee substitute printed 040208204-H1
02/14/04  House: Read first time
02/16/04  House: Read second time
02/16/04  House: Committee substitute agreed to 040208204-H1
02/16/04  House: Engrossed by House - committee substitute HB1053H1
02/17/04  House: Read third time and passed House (95-Y 4-N)
02/17/04  House: VOTE: PASSAGE (95-Y 4-N)
02/17/04  House: Communicated to Senate
02/18/04  Senate: Constitutional reading dispensed
02/18/04  Senate: Referred to Committee for Courts of Justice
03/08/04  Senate: Continued to 2005 in Courts of Justice (15-Y 0-N)
12/13/04  Senate: Left in Courts of Justice