HB 77 — Robbery; conforms certain provisions of the Code of VA to the degrees of robbery offenses, etc.

The midpoint of the initial recommended sentencing range for voluntary manslaughter, robberycommitted before July 1, 2021, where, during the commission of such robbery, such person of 12 caused serious bodily injury to or the death of any other person or used or displayed a firearm in a threatening manner, robbery committed on or after July 1, 2021, in violation of subdivision B 1 2.or 2 of § 18.2-58, 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;

The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery committed before July 1, 2021, where, during the commission of such robbery, such person caused serious bodily injury to or the death of any other person or used or displayed a firearm in a threatening manner, robbery committed on or after July 1, 2021, in violation of subdivision B 1 or 2 of § 18.2-58, HB77S1 4 of 11 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;

of 12 "Act of violence" means those felony offenses described in subsection C of § 17.1-805 or subsection A of § 19.2-297.1.

E "Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of 11its primary objectives or activities the commission of one or more criminal activities;

(ii) which has an identifiable name or identifyingidentifyiRg sign or symbol;

and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.transaction.least "Predicate criminal act" means (i) an act of violence;

"Predicate(ii) criminalany act"violation meansof (i)§ an18.2-42, act18.2-46.3, 18.2-56.1, 18.2-57, or18.2-57.2, subdivision B 3 or 4 of violence;§ 18.2-58, or § 18.2-59, 18.2-83, 18.2-95, 18.2-103.1, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147, L 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2, 18.2-287.4, 18.2-300, 18.2-308.1, 18.2-308.2, E 18.2-308.2:01, 18.2-308.4, or 18.2-357.1;

(ii) any violation of § 18.2-42, 18.2-46.3, 18.2-103.1, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137, 18.2-138, 18.2-146, 18.2-147,8.2-95, 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2, 18.2-287.4, 18.2-300, 18.2-308.1, 18.2-308.2, 18.2-308.2:01, 18.2-308.4, or 18.2-357.1;

(v) any violation of a local ordinance adopted territorypursuant ofto the United States, the District of Columbia, or the United States.laws of another state or § 18.2-50.3.15.2-1812.2;

or (vi) any substantially similar offense under the laws of another state or ter§ 18.2-50.3.

S Any person who commits a violation of § 18.2-31, 18.2-32, 18.2-32.1, 18.2-48, or 18.2-51.2, subdivision B 1, 2, or 3 of § 18.2-58, or § 18.2-61, 18.2-67.1, or 18.2-67.2 within a dwelling houseHouse and who, with the intent to commit a felony listed in this section, enticed, solicited, requested, or otherwise caused the victim to enter such dwelling house is guilty of a Class 6 felony.

A violation of thNsthis sectionsesection is a separate and distinct felony.

R § 18.2-90.

Entering dwelling house, etc., with intent to commit murder, rape, robbery or arsAn;arson;

If any person in the nighttime enters without breaking or in the daytime breaks and enters oTor enters without breaking or at any time breaks and enters or enters and conceals himself in any buildingenters permanently affixed to realty, or any ship, vessel, or river craft or any railroad car, or any automobile, truck, or trailer, if such automobile, truck, or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery in violation of subdivision B 1, 2, or 3 of § 18.2-58, or arson in violation of §§ § 18.2-77, 18.2-79, or § 18.2-80, he shall be deemed guilty of statutoSystatutory weaponburglary, atwhich theoffense time of such entry, he shall be guilty of a Class 23 felony.nfelony. was armed with a deadly § 19.2-297.1.

However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

§ 19.2-297.1.

U A.

Any person convicted of two or more separate acts of violence when such offenses were not part ofeach aconviction, commonshall, act,upon transactionconviction orof scheme,a andthird whoor hassubsequent beenact atof libertyviolence, asbe definedsentenced into §life 53.1-151imprisonment beSweenand eachshall conviction,not shall,have uponall convictionor ofany aportion thirdof orthe subsequentsentence actsuspended, ofprovided violence,it beis sentencedadmitted, toor life found by the jury or judge before whom he is tried, that he has been previously convicted of two ored, or more such acts of violence.

T a.

Uc. d.

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

d.

e.such person caused serious bodily injury to or the death of any other person or used or displayed a firearm in a threatening manner or robbery committed on or after July 1, 2021, in violation of subdivision B 1 or 2 of § 18.2-58 and carjacking under § 18.2-58.1;

Robberyf. under committed before July 1, 2021, where, during the commission of such robberyE such person caused serious bodily injury to or the death of any other person or used or displayed a firearm in a threatening manner or robbery committed on or after July 1, 2021, in violation of subdivision B 1 or 2 of § 18.2-58 and carjacking under § 18.2-58.1;

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 or § 18.2-67.5:3, criminal sexual assault punishable g.

anHand (iii) violations as a principal in the second degree or accessory before the fact of the provisions eBumeratedenumerated in B.clause (i) of this section.

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 aas for felony if committed in the Commonwealth.

of 12 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.

Any person sentenced to life imprisonment pursuant to this section shall not be eligible for parole HB77S1 6 of 11 and shall not be eligible for any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1.

Any court having jurisdiction for the trial of a person charged with a criminal offense, a traffic offense or an offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or failure to pay child support pursuant to a court order may, if the defendant is convicted and sentenced to confinement in a state or of 12 local correctional facility, and if it appears to the court that such an offender is a suitable candidate for home/electronic incarceration, assign the offender to a home/electronic incarceration program asaE a condition of probation, if such program exists, under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole district office established ofpursuant 11to Chapter§ 453.1-141. (§ 18.2-30 et seq.) of Title 18.2 shall not be eligible for participation in the home/electronic incarceration program:

(i)However, firstany andoffender secondwho degreeis murderconvicted andof voluntaryany manslaughterof underthe Articlefollowing 1violatioRs of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 shall not be eligible for participation in the home/electronic (§ 18.2-30 et seq.);

(v) robbery under subdivision B 1 or 2 of § 18.2-58 7or (§carjacking 18.2-61under et§ seq.).18.2-58.1;

The court may further authorize the offender's participation in work releaserticle employment or educational(vi) orany othercriminal rehabilitativesexual programsassault aspunishable defined in § 53.1-131 or, as appropriate, in a court-orderedfelony intensiveunder caseArticle monitoring7 program(§ for18.2-61 childet support.seq.).

The court may further authorize the offender's participation in work relEase employment or educational or other rehabilitative programs as defined in § 53.1-131 or, as appropriate, in a court-ordered intensive case monitoring program for child support.

H C.

Any person who has been sentenced to jail or convicted and sentenced to confinement in prison but is actually serving his sentence in jail, after notice to the attorney for the Commonwealth of the convicting jurisdiction, may be assigned by the sheriff to a home/electronic incarceration progNamprogRam under the supervision of the sheriff, the administrator of a local or regional jail, or a Department of Corrections probation and parole office established pursuant to § 53.1-141.

However, if the offAnderoffender violates any provision of the terms of the home/electronic incarceration agreement, the offender may havesentenced. the assignment revoked and, if revoked, shall be held in the jail facility to which he wasToriginally conviction of a felony violent crime, a felony sexual offense, burglary or manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a Schedule I or Schedule II controlled substance.

Such person shall be eligible if his term of confinement does not include a sentence for anally conviction of a felony violent crime, a felony sexual offense, burglary or manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a Schedule I or Schedule II controlled substance.

The court which sentenced the offender shall be notified in writing by the sheriff or the administrator of a local or regional jail of the offender's placeSofplace homD.of home/electronic incarceration and place of employment or other rehabilitative program.

TheD. Board may prescribe regulations to govern home/electronic incarceration programs, and the Director may prescribe rules to govern home/electronic incarceration programs operated under the supervision of a Department of Corrections probation and parole district office established pursuant to § 53.1-141.

SThe E.Board may prescribe regulations to govern home/electronic incarceration programs, and the Director may prescribe rules to govern home/electronic incarceration programs operated under the § 53.1-141.

Anyof offender or accused assigned to such a programDepartment byof theCorrections courtprobation orand sheriffparole who,district withoutoffice properestablished assignedpursuant to workE. or attend educational or other rehabilitative programs, including a court-orderedas been intensive case monitoring program for child support, or the vehicle or route of travel involved in his going to or returning from such place, is guilty of a Class 1 misdemeanor.

AnAny offender or accusTdaccused whoassigned isto foundsuch guiltya ofprogram aby violationthe court or sheriff who, without proper authority or just cause, leaves his place of thishome/electronic sectionincarceration, shallthe bearea ineligibleto forwhich furtherhe participationhas inbeen assigned to work or attend educational or other rehabilitative programs, including a home/electroniccourt-ordered incarcerationintensive case monitoring program duringfor child support, or the vehicle or route of travel involved in his currentgoing termto or returning from such place, is guilty of confinement.a Class 1 misdemeanor.

UAn residentialoffender programor mayaccused removewho anis offenderfound fromguilty of a home/electronicviolation incarcerationof programthis andsection placeashall himbe inineligible suchfor residentialfurther programparticipation ifin thea offenderhome/electronic commitsincarceration aprogram noncriminalduring programhis violation.current term of confinement.

TheF. coErt shall be notified of the violation and of the placement of the offender in the residential program.

The director or administrator of a home/electronic incarceration program who also operates a him in such residential program if the offender commits a noncriminal program violation.

The court shall be notified of the violation and of the placement of the offender in the residential program.

The director or administrator of a home/electronic incarceration program may charge the offender or accused a fee for participating in the program which shall be used for the cost of home/electronic toincarceration theequipment. equipment which is in his possession or for failure to return the equipment to the program.ge H.

The offender or accused shall be required to pay the program for any damage to the equipment which is in his possession or for failure to return the equipment to the program.

H.

Distribution of the money collected shall be made in the following Hrderorder of priority to:

B be disbursed according to the terms of such order;istrative order to provide support and such fSndsfunds shall 2.

1of 12 3.

The balance shall be credited to the offender's account or sent to his family in an amount the HB77S1 8 of 11 offender so chooses.

Any person convicted of three separate felony offenses of (i) murder, (ii) rape, or (iii) robbery by the presenting of firearms or other deadly weapon, or any combination of the offenses specified in subdivisions clauses (i), (ii),(ii),or or (iii) when such offenses were not part of a common act, transaction, or scheme shall not be eligible for parole.

In the event of a determination by the Department of Corrections that an individual is not eligible for parole under this subsection, the Parole Board may in its discretion, of 12 review that determination, and make a determination for parole eligibility pursuant to regulations promulgated by it for that purpose.

Any determination of the Parole Board of parole eligibilityeligibilityEthereby thereby shall supersede any prior determination of parole ineligibility by the Department of Corrections under this subsection.

N B2.

Any person convicted of three separate felony offenses of manufacturing, selling, giving,givingR ofdistributing 11or whenpossessing suchwith offensesthe wereintent notto partmanufacture, ofsell, agive common act, transaction or scheme,distribute anda whocontrolled hassubstance, been at libertystance, as defined in this section between each conviction, shall not be eligible for parole.parole.been at liOerty C.

C.Any person sentenced to life imprisonment for the first time shall be eligible for parole after serving fifteen years, except that if such sentence was for a Class 1 felony violation or the first degree murder of a child under the age of eight in violation of § 18.2-32, he shall be eligible for parole after serving twenty-five years, unless he is ineligible for parole pursuant to subsection B1 or B2.

AnyE personD. sentenced to life imprisonment for the first time shall be eligible for parole after serving fifteen years, except that if such sentence was for a Class 1 felony violation or the first degree murder of a child under the age of eight in violation of § 18.2-32, he shall be eligible for parole after serD.

A person who has been sentenced to two or more life sentences, except a person to whom the provisions of subsection B1, B2, or E of this section are applicable, shall be eligible for parole after serving twenty years of imprisonment, except that if either such sentence, or both, was or were for a Class 1 felony violation, and he is not otherwise ineligible for parole pursuant to subsection B1, B2, or E ofoE. this section, he shall be eligible for parole only after serving thirty years.

previousA lifeperson sentenceconvicted shallof notan beoffense eligibleand forsentenced parole.lifeto life imprisonment after being paroled from a E1.previous life sentence shall not be eligible for parole.

AnyE1. person who has been convicted of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and who has been sentenced to a term of years shall, upon a first commitment to the Department of Corrections, be eligible for parole after serving two-thirds of the term of imprisonment imposed or after serving is more than fourteen years.

IfAny such person who has been previouslyconvicted committedof tomurder in the Departmentfirst ofmNoseddegree, Corrections,rape suchin personviolation shallof § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery anH who has been sentenced to a term of years shall, upon a first commitment to the Department of Corrections, be eligible for parole after serving three-fourthstwo-thirds of the term of imprisonment imposed or after serving fifteenfourteen years of the termsterm of imprisonment imposed if Atwo-thirds three-fourths of the term of imprisonment imposedimRosed is more than fifteenfourteen years.

F.If such person has been previously committed to the Department of Corrections, such person shall be eligible for parole after serving three-fourths of the term of imprisonment imposed or after serving fifteen years of the terms of imprisonment imposed if thrF.

If the sentence of a person convicted of a felony and sentenced to the Department is partTallypartially suspended, he shall be eligible for parole based on the portion of such sentence execution which was not suspended.

he shall be eligible for parole based on the portion of such sentence execution which was not G.

SI. to the Department of Corrections on or after July 1, 1979, but such persons' convictions andcommitted commitments shall include all felony convictions and commitments without regard to the date of such convictions and commitments.

BThe provisions of subdivisions 2, 3 and 4 of subsection A shall apply only to persons committed to the Department of Corrections on or after July 1, 1979, but such persons' convictions and convictions and commitments.l felony convictions and commitments without regard to the date of such § 53.1-165.1.

S A.

The provisions of this article, except §§ 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995.

I B.

The provisions of this article shall apply to any person who was sentenced by a jury prioTprior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony violation of § 18.2-67.1;

(e) an attempt to commit a violation of clause (a), (b), (E),(c), or (d);

§D. 53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.

Any person who meets eligibility criteria for parole under subsection B and pursuant to § 53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.

Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple fHloniesfelonies committedbe whileeligible thefor personparole wasand aany juvenileperson and who has servedactive atsentences leastthat total more than 20 years offor sucha sentenceBshallsingle felony or multiple felonies committed while the person was a juvenile and who has served at leaStleast 20ingle20 of 12 years of such sentences shall be eligible for parole.

Notwithstanding the provisions of subsection C of § 19.2-297.1, the provisions of this article shall apply to any person who was sentenced to a term of life imprisonment pursuant to § 19.2-297.1 where HB77S1 10 of 11 (i) at least one of the acts of violence committed by such person upon which the life sentence was predicated was for robbery in violation of § 18.2-58 committed prior to July 1, 2021, and (ii) such person, during the commission of such robbery, did not (a) cause serious bodily injury to or the death of another person or (b) use or display a firearm in a threatening manner.

of 12 2.

Level II sentence credits shall be awarded to personspersoEs who participate in and cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to § 53.1-32.1, but who require improvement in not more than one area as established by the Department's policies or procedures.

R 3.

For persons receiving Level III sentence credits, 3.5 days shall be deducted from the ofparticipate 11in person'sand sentencecooperate forwith everyall 30programs, daysjob served.assignments, and educational curriculums to whicho the person is assigned pursuant to § 53.1-32.1, but who require significant improvement in two or more areas as established by the Department's policies or procedures.

Level III sentence credits shall be awarded to persons who participate in and cooperate with all programs, job assignments, and educational curriculums to which the person is assigned pursuant to § 53.1-32.1, but who require significant improvement in two or more areas as established by the Department's policies or procedures.

A person will be classified in Level IV if that person willfully fails to participate in or cooperate with all pEograms, job assignments, and educational curriculums to which the person is assigned pursuant to § 53.1-32.1 or thatjobthat person causes substantial security or operational problems at the correctional facility as established by the Department's policies or procedures.

Records from this review, including an explanation of the reasons why a person's classificationclasHification level was or was not adjusted, shall be maintained in the person's correctional file.

SB followingD. removal from a program, job assignment, or educational curriculum that was assignedstEd pursuant to § 53.1-32.1 for disciplinary or noncompliance reasons.

A person's classification level under subsection B may be immediately reviewed and adjusted following removal from a program, job assignment, or educational curriculum that was assigned R pursuant to § 53.1-32.1 for disciplinary or noncompliance reasons.

A person may appeal a reclassification determination under subsection C or D in the manneNmanner set forth in the grievance procedure established by the Director pursuant to his powers and duties as set forthforF. in § 53.1-10.

AFor a juvenile sentenced to serve a portion of his sentence as a serious juvenile offender under § 16.1-285.1, consideration for earning sentence credits shall be conditioned, in part, upon fuTlunderfull participation in and cooperation with programs afforded to the juvenile during that portion of the sentence.

The Department of Juvenile Justice shall provide a report that describes the juvenileEsjuvenile's adherence to the facility's rules and the juvenile's progress toward treatment goals and objectives while senG.sentenced as a serious juvenile offender under § 16.1-285.1.

G.

Seffect 2.prior to July 1, 2021, where such conviction would have rendered such person ineligible for conditional release pursuant to § 53.1-40.02 of the Code of Virginia, as amended by this act, shall be eligible for conditional release in accordance with the provisions of § 53.1-40.02 of the Code of Virginia, as amended by this act, provided that such person, during the commission of such robbery, did not (i) cause serious bodily injury to or the death of another person or (ii) use or display a firearm in a threatening manner.

That3. any person convicted of robbery under § 18.2-58 of the Code of Virginia, as it was in U effect prior to July 1, 2021, where such conviction would have rendered such person ineligible Bor be eligible for conditional release in accordance with the provisions of § 53.1-40.02 of the Code of Virginia, as amended by this act, provided that such person, during the commission of such S robbery, did not (i) cause serious bodily injury to or the death of another person or (ii) use Tr display a firearm in a threatening manner.

IThat the provisions of § 53.1-202.3 of the Code of Virginia, as amended by this act, shall apply retroactively to the entire sentence of any person who is confined in a state correctional facility and participating in the earned sentence credit system on July 1, 2024, who was (i) convicted of robbery under § 18.2-58 of the Code of Virginia, as it was in effect prior to July 1, 2021, provided that such person, during the commission of such robbery, did not (a) cause serious bodily injurTinjuryided to or the death of another person or (b) use or display a firearm in a threatening manner or (ii) convicted of robbery under subdivision B 3 or 4 of § 18.2-58 of the Code of Virginia on or after July 1, 2021.

however, no person shall have a claim for wrongful incarceration pursuant to § 8.01-195.11 of the Code of Virginia on the basis of such retroactive application.

If a person is released prior toheto completion of any reentry programs deemed necessary by the Department of Corrections on the person's most recent annual review or prior to completion of any programs mandated by court H order, the person shall be required to complete such programs under probation, provided that B probation is mandated by the court and current community resources are sufficient to facilitate7facilitate of 12 completion of such programs.