Virginia HB 915: Geriatric prisoners; conditional release.

Status: Left in Courts of Justice (as of 2020-12-04)

State: Virginia · Session: 2021 · Bill: HB 915

Sponsors: Mark D. Sickles

Bill Text

Bill Tracking - 2021 session > Legislation 

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2021 SESSION

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20105022D

HOUSE BILL NO. 915 

Offered January 8, 2020 

Prefiled January 7, 2020 

A BILL to amend and reenact �� 19.2-297.1 and 53.1-40.01 of 
 the Code of Virginia, relating to conditional release of geriatric prisoners. 
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Patron-- Sickles 

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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 �� 19.2-297.1 and 53.1-40.01 of the Code of Virginia are 
 amended and reenacted as follows:

� 19.2-297.1. Sentence of person twice previously convicted of 
 certain violent felonies.

A. Any person convicted of two or more separate acts of 
 violence when such offenses were not part of a common act, transaction or 
 scheme, and who has been at liberty as defined in � 53.1-151 between each 
 conviction, shall, upon conviction of a third or subsequent act of violence, be 
 sentenced to life imprisonment and shall not have all or any portion of the 
 sentence suspended, provided it is admitted, or found by the jury or judge 
 before whom he is tried, that he has been previously convicted of two or more 
 such acts of violence. For the purposes of this section, "act of 
 violence" means (i) any one of the following violations of Chapter 4 (� 
 18.2-30 et seq.) of Title 18.2:

a. First and second degree murder and voluntary manslaughter 
 under Article 1 (� 18.2-30 et seq.);

b. Mob-related felonies under Article 2 (� 18.2-38 et seq.);

c. Any kidnapping or abduction felony under Article 3 (� 
 18.2-47 et seq.);

d. Any malicious felonious assault or malicious bodily 
 wounding under Article 4 (� 18.2-51 et seq.);

e. Robbery under � 18.2-58 and carjacking under � 18.2-58.1;

f. Except as otherwise provided in � 18.2-67.5:2 or � 
 18.2-67.5:3, criminal sexual assault punishable as a felony under Article 7 (� 
 18.2-61 et seq.); or

g. Arson in violation of � 18.2-77 when the structure burned 
 was occupied or a Class 3 felony violation of � 18.2-79.

(ii) conspiracy to commit any of the violations enumerated in 
 clause (i) of this section; and (iii) violations as a principal in the second 
 degree or accessory before the fact of the provisions enumerated in clause (i) 
 of this section.

B. Prior convictions shall include convictions under the laws 
 of any state or of the United States for any offense substantially similar to 
 those listed under "act of violence" if such offense would be a 
 felony if committed in the Commonwealth.

The Commonwealth shall notify the defendant in writing, at 
 least thirty days prior to trial, of its intention to seek punishment pursuant 
 to this section.

C. Any person sentenced to life imprisonment pursuant to this 
 section shall not be eligible for parole and shall not be eligible for any good 
 conduct allowance or any earned

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