Virginia SB 35: Sentence reduction; substantial assistance to prosecution.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18100459D

SENATE BILL NO. 35 

Offered January 10, 2018 

Prefiled November 20, 2017 

A BILL to amend the Code of Virginia by adding a section 
 numbered 19.2-303.01, relating to sentence reduction; substantial assistance to 
 prosecution. 
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Patrons-- Stanley; Delegate: Kory 

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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 the Code of Virginia is amended by adding a section 
 numbered 19.2-303.01 as follows: 

� 19.2-303.01. Reduction 
 of sentence; substantial assistance to 
 prosecution.

Notwithstanding any 
 other provision of law or rule of court, upon motion of the attorney for the 
 Commonwealth, the sentencing court may reduce the defendant's sentence if the 
 defendant, after sentencing, provided substantial assistance in investigating or 
 prosecuting another person for an act 
 of violence as defined in � 19.2-297.1 or any 
 violation of � 18.2-248, 18.2-248.01, 18.2-248.02, 18.2-248.03, 
 18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255, 18.2-255.2, 18.2-258, 
 18.2-258.02, 18.2-258.1, or 
 18.2-258.2. In 
 determining whether the defendant has provided substantial assistance pursuant 
 to the provisions of this section, the court shall consider (i) the court's 
 evaluation of the significance and usefulness of the defendant's assistance, 
 taking into consideration the Commonwealth's evaluation of the assistance 
 rendered; (ii) the truthfulness, completeness, and reliability of any 
 information or testimony provided by the defendant; (iii) the nature and extent 
 of the defendant's assistance; (iv) any injury suffered or any danger or risk 
 of injury to the defendant or his family resulting from his assistance; and (v) 
 the timeliness of the defendant's assistance. If the motion is made 
 more than one year after sentencing, the court may reduce a sentence only if 
 the defendant's substantial assistance involved (a) information 
 not known to the defendant until more than one year after sentencing, 
 (b) information provided by the defendant within one 
 year of sentencing but that did not become useful to the Commonwealth until 
 more than one year after sentencing, or (c) information 
 the usefulness of which could not reasonably have been anticipated by the 
 defendant until more than one year after sentencing and which was promptly 
 provided to the Commonwealth by the defendant after its usefulness was reasonably 
 apparent.