HB 653 — Adoption of initial discretionary sentencing guideline midpoints; violent felony offenses.

SESSION INTRODUCEDENROLLED 24104808DVIRGINIA IACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact § 17.1-805 of the Code of Virginia, relating to adoption of initialN discretionary sentencing guideline midpoints;

653 Offered January 10, 2024 N Prefiled January 9, 2024 T A BILL to amend and reenact § 17.1-805 of the Code of Virginia, relating to adoption of initial discretionary sentencing guideline midpoints;

R Patron––Coyner O ––––––––––[H Referred653] toApproved CommitteeL forL Courts of Justice D –––––––––– U Be it enacted by the General Assembly of Virginia:

CE § 17.1-805.

ED A.shall become effective on January 1, 1995.

The Commissioninitial recommended sentencing range for each felony offense shall adoptbe andetermined initialfirst, setby computing the actual time-served distribution for similarly situated offenders, in terms of discretionarytheir felonyconviction sentencingoffense guidelinesand whichprior shallcriminal becomehistory, effectivereleased onfrom Januaryincarceration 1,during 1995.the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles.

The initial recommended sentencing range for each felony offenders, in terms of their conviction offense and prior criminal history, released from incarcerationted during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles.

H 1.

The midpoint of the initial recommended sentencing range for first degree murder, second degree6egree murder, rape in violation of § 18.2-61, forcible sodomy, object sexual penetration, and aggravaHed sexual battery shall be further increased by (i) 125 percent in cases in which the defendant has no pr6viouspreviousxual conviction of a violent felony offense;

(ii) 300 percent in cases in which the defendant has pr3viouslypreviously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years;

or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommendedlentrecommended felony sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life;

2.aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;

Thedistributing, midpointor ofpossessing with the initialintent recommendedto sentencingmanufacture, rangesell, forgive, voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutorydistribute burglary of a dwellingSchedule houseI or anyII burglarycontrolled committedsubstance, while armed with a deadly weapon or any 34 statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100200 35 percent in cases in which the defendant has nopreviously previousbeen convictionconvicted of a violent felony offense,offense (ii) 300 37 punishable by a maximum termpunishment of imprisonment of less than 40 years,years or (iii)(ii) 500400 percent in cases in 38 which the defendant has previously been convicted of a violent felony offense punishable by a 39 maximum term of imprisonment of 40 years or more;

3.and 4.

The midpoint of the initial recommended sentencing range for manufacturing,felony selling,offenses giving,not orspecified distributing,in orsubdivision possessing1, with2, the intent to manufacture, sell, give, or distribute3 a Schedule I or II controlled substance, shall be increased by (i)100 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;more.nvicted of a violent felony B.

and subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.

B.

For purposes of this chapter, violent felony offenses shall include any felony violation of 18.2-32.1,§ 18.2-32.2,16.1-253.2; 18.2-33, or 18.2-35;

solicitation to commit murder under § 18.2-29;

any violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, or 18.2-35;

any violation of of § 18.2-4018.2-46.5, 18.2-46.6, or 18.2-41;18.2-46.7;

any violation of clause (c)(i) or (ii) of subsection B of § 18.2-46.3;

any violation HB653 2 of 2 of § 18.2-46.5, 18.2-46.6, or 18.2-46.7;

any felony violationviolationon of § 18.2-48, 18.2-48.1, or 18.2-49;

any violation of § 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, of 2 18.2-51.4, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, or 18.2-55;