Virginia HB 1008: Postrelease incarceration; violations of postrelease supervision.

Status: Failed to pass (as of 2018-03-10)

State: Virginia · Session: 2018 · Bill: HB 1008

Subjects: Crimes and Offenses Generally, Criminal Procedure

Sponsors: C. Todd Gilbert

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18101604D

HOUSE BILL NO. 1008 

Offered January 10, 2018 

Prefiled January 9, 2018 

A BILL to amend and reenact �� 18.2-10 and 19.2-295.2 of the 
 Code of Virginia, relating to postrelease incarceration for violations of 
 postrelease supervision. 
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Patron-- Gilbert 

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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 �� 18.2-10 and 19.2-295.2 of the Code of Virginia are 
 amended and reenacted as follows:

� 18.2-10. Punishment for conviction of felony; penalty.

The authorized punishments for conviction of a felony are:

(a) For Class 1 felonies, death, if the person so convicted 
 was 18 years of age or older at the time of the offense and is not determined 
 to be a person with intellectual disability pursuant to � 19.2-264.3:1.1, or 
 imprisonment for life and, subject to subdivision (g), a fine of not more than 
 $100,000. If the person was under 18 years of age at the time of the offense or 
 is determined to be a person with intellectual disability pursuant to � 
 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to 
 subdivision (g), a fine of not more than $100,000.

(b) For Class 2 felonies, imprisonment for life or for any 
 term not less than 20 years and, subject to subdivision (g), a fine of not more 
 than $100,000.

(c) For Class 3 felonies, a term of imprisonment of not less 
 than five years nor more than 20 years and, subject to subdivision (g), a fine 
 of not more than $100,000.

(d) For Class 4 felonies, a term of imprisonment of not less 
 than two years nor more than 10 years and, subject to subdivision (g), a fine 
 of not more than $100,000.

(e) For Class 5 felonies, a term of imprisonment of not less 
 than one year nor more than 10 years, or in the discretion of the jury or the 
 court trying the case without a jury, confinement in jail for not more than 12 
 months and a fine of not more than $2,500, either or both.

(f) For Class 6 felonies, a term of imprisonment of not less 
 than one year nor more than five years, or in the discretion of the jury or the 
 court trying the case without a jury, confinement in jail for not more than 12 
 months and a fine of not more than $2,500, either or both.

(g) Except as specifically authorized in subdivision (e) or 
 (f), or in Class 1 felonies for which a sentence of death is imposed, the court 
 shall impose either a sentence of imprisonment together with a fine, or 
 imprisonment only. However, if the defendant is not a natural person, the court 
 shall impose only a fine.

For any felony offense committed (i) on or after January 1, 
 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases 
 in which the court orders a suspended t

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