SB 427 — Petition for modification of a sentence; eligibility, procedures.

SESSION SENATE SUBSTITUTE 24107608D24107685D SENATE BILL NO.

427 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator Deeds on February 12,13, 2024) (Patron Prior to Substitute––Senator Deeds) A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to petition Be it enacted by the General Assembly of Virginia:dures.

Notwithstanding any other provision of law or rule of court, upon petition of a person who remains incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, (ii)murder aggravatedor a second or subsequent conviction of second degree murder in violation of §Article 18.2-311deSree or(§ first18.2-30 degreeet murderseq.) orof aChapter second4 orof subsequentfelony;Title 18.2;

conviction(ii) of(a) secondrape degree murder in violation of Article§ 118.2-61; (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;

(iii) where the victim is a minor, (a) rape in violation of § 18.2-61;

(iv)(iii) human trafficking in distribution, etc., of a weapon of terrorism or hoax device in violation of § 18.2-46.6,18.2-355; except for acture, violation of subsection B of § 18.2-46.6;

(vii)(iv) producingan oract filmingof childterrorism pornographyas described in violaTion of § 18.2-374.1;18.2-46.4;

(viii)(v) lynchingpossession, inmanufacture, violation of subsection B of § 18.2-40;18.2-46.6;

(ix)(vi) deathproducing byor mobfilming child pornography in violation of § 18.2-45;18.2-374.1;

(x)(vii) committing,lynching conspiring, aiding, or abetting acts of terrorism in violation of § 18.2-46.5;18.2-40;

or(viii) (Ei)death treasonby mob in violation of § 18.2-481,1T.2-45; the circuit court that entered the original judgment or order may grant a hearing to determine whether to modify such person's sentence if such person:

2.(ix) committing, conspiring, aiding, or abetting acts of terrorism in violation of § 18.2-46.5;

Hasor not(x) (i)treason filedin aviolation petition for modification of a§ sentence18.2-481, pursuantthe tocircuit thiscourt sectionthat withinentered the precedingoriginal threejudgment years,or (ii)order hadmay granE a sentencehearing modified pursuant to thisdetermine sectionwhether withinto themodify precedingsuch fiveperson's years, or (iii) filed more than two petitions for modification of a sentence pursuantif tosuch thisperson: sUction.

1.

Has served at least 25 years of his sentence;

and preceding three years, (ii) had a sentence modified pursuant to this section within the preceding five years, or (iii) filed more than two petitions for modification of a sentence pursuant to this section.

Notwithstanding any other provision of law or rule of court, upon petition of a person whBwhU remains incarcerated in a state or local correctional facility or secure facility, as defined iniB § 16.1-228, offenseserving the sentence for any conviction or for a combination of secondany degreeconvictions murderof as(i) describeda infirst and single § 18.2-32;18.2-51;

(ii)(iii) whereentering the victim was an adult, a felonyledwelling offensewith ofthe (a)intent rapeto incommit violationrape, ofmurder, §or 18.2-61,arson (b) forcible sodomy in violation of § 18.2-67.1,18.2-77, (c)18.2-79, objector :18.2-80;

36(iv) sexualshooting, penetrationstabbing, in violation of § 18.2-67.2, or (d)maiming aggravatedby sexualmob battery in violation of 37 § 18.2-67.3;18.2-41;

(iii)(v) malicious: wounding in violation of § 18.2-51;

(iv)36 enteringshooting, astabbing, dwellingetc., with the intent to 38maim commit rape, murder, or arsonkill in violation of § 18.2-77,18.2-51; 18.2-79, or 18.2-80;

(v)(vi) shooting,malicious staTbing,bodily injury 37 to law-enforcement officers, firefighters, search and rescue personnel, or 39emergency maimingmedical byservices mob38 personnel in violation of § 18.2-41;18.2-51.1;

(vi)(vii) shooting,burning stabbing,or etc.,destroying witha intentmeeting tohouse, maimetc., orUkill in rescueviTlation personnel, or emergency medical services personnel in violation of 39 § 18.2-51.1;18.2-79;

or (viii) burningreproduction, oranddistribution, destroyingsolicitation, aand meetingfacilitation house,of etc.,child pornogUaphy in violationorder ofmay §grant 18.2-79;a hearing to determine whether to modify such person's sentence if such person:udgment or 1.

orHas (ix)served reproduction,at distribution,least solicitation,20 andyears facilitation of childhis pornographysentence; in violation of subsection C or D of § 18.2-374.1:1, the Eircuit court that entered the original judgment or order may grant a hearing to determine whether to modify such person's sentence if such person:

and T 2.

Has not (i) filed a petition for modification of a sentence pursuant to this section withinwithEn the preceding three years, (ii) had a sentence modified pursuant to this section within the preceding five years, or (iii) filed more than two petitions for modification of a sentence pursuant to this section.

C.remains incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, serving the sentence for any conviction or for a combination of any convictions not enumerated in subsection A or B, except for a conviction of a Class 1 felony, the circuit court that entered the original judgment or order may grant a hearing to determine whether to modify such person's sentence if such person:

NotwithstandingS any other provision of law or rule of court, upon petition of a person who remains incarcerated in a state or local correctional facility or secure facility, as defined iS § 16.1-228, serving the sentence for any conviction or for a combination of any convictions not enumerated 4n determine whether to modify such person's sentence if such person:gment or order may grant a he7ring to 1.

and 24 2.preceding three years, (ii) had a sentence modified pursuant to this section within the preceding five years, or (iii) filed more than two petitions for modification of a sentence pursuant to this section.

Has not (i) filed a petition for modification of a sentence pursuant to this section within the preceding three years, (ii) had a sentence modified pursuant to this section within the preceding five years, or (iii) filed more than two petitions for modification of a sentence pursuant to this section.

The petition for modification of a sentence shall be filed with the circuit court that entered the SB427S2 2 of 4 original judgment or order on a form provided by the Supreme Court of Virginia by the petitioner or his counsel.

(iii) the date on which such SB427S3 2 of 4 offense was alleged to have been committed;

If the attorney for the Commonwealth objects to hearing the petition or does not respond to a petition, the court shall dismiss such petition.

If the victim does not agree to such request,request or does not respond to a petition, the court shall dismiss the petition.

Failure of the attorney for the Commonwealth to make reasonable efforts to notify any victim shall not preclude the court from considering the petition.

or (iii) otherwise modify the sentence imposed, except that no modification of 4any term of confinement shall exceed the original term of confinement imposed by the court.

The court may modify a sentence pursuant to this sectioninalsection regardless of whether any mandatory minimum term of confinement or other minimum term of incarceration is otherwise required by law.

When determining whether there is good cause to modify the petitioner's sentence, the court shall considerof the4 followingcon1. factors:

The age of the petitioner at the time of the offense and any relevant research presented at the hearing regarding development of the youth brain, the amount of time that has passed since the date of the offense, and evidence of the maturity of the petitioner since the date of the offense;