Virginia SB 312: Felons; postrelease incarceration of offenders sentenced for certain offenses.

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2020 SESSION

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CHAPTER 1116 

An Act to amend and reenact �� 18.2-10, 19.2-295.2, and 
19.2-295.2:1 of the Code of Virginia, relating to postrelease incarceration of 
felons sentenced for certain offenses. 

[S 312] 

Approved April 10, 2020 

Be it enacted by the General Assembly of Virginia:

1. That �� 18.2-10, 19.2-295.2, and 19.2-295.2:1 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 term of confinement of at least six 
months, impose an additional term of incarceration of not less than six 
months nor more than three years, which shall be suspended conditioned upon 
successful completion of a period of post-release su