c Richmond Sunlight » 2006 » Sex crimes against children; mandatory minimum term of confinement for certain offenses. (HB846)

Sex crimes against children; mandatory minimum term of confinement for certain offenses. (HB846)

Introduced By

Del. Dave Albo (R-Springfield) with support from 27 copatrons, whose average partisan position is:

Those copatrons are Del. Rob Bell (R-Charlottesville), Del. Kathy Byron (R-Lynchburg), Del. Vince Callahan (R-McLean), Del. Tom Gear (R-Hampton), Del. Todd Gilbert (R-Woodstock), Del. Morgan Griffith (R-Salem), Del. Phil Hamilton (R-Newport News), Del. Tim Hugo (R-Centreville), Del. Sal Iaquinto (R-Virginia Beach), Del. Terry Kilgore (R-Gate City), Del. Steve Landes (R-Weyers Cave), Del. Scott Lingamfelter (R-Woodbridge), Del. Michele McQuigg (R-Occoquan), Del. Brian Moran (D-Alexandria), Del. Sam Nixon (R-Richmond), Del. John O'Bannon (R-Richmond), Del. Chris Peace (R-Mechanicsville), Del. Beverly Sherwood (R-Winchester), Del. Terrie Suit (R-Virginia Beach), Del. Bob Tata (R-Virginia Beach), Del. John Welch (R-Virginia Beach), Del. Tommy Wright (R-Victoria), Sen. Bill Carrico (R-Grayson), Sen. John Cosgrove (R-Chesapeake), Sen. Janet Howell (D-Reston), Sen. Robert Hurt (R-Chatham), Sen. Ken Stolle (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Sex crimes; penalties.  Requires a mandatory minimum term of confinement of 25 years for the following offenses where the offender is more than three years older than the victim and the crime is done in the commission of, or as part of the same course of conduct as, or as part of a common scheme or plan as an abduction, burglary, or aggravated malicious wounding: sexual intercourse with a child under 13 years of age, sodomy of a child under 13 years of age, and object sexual penetration of a child under 13 years of age. The bill also provides that for those offenses and for abduction with intent to defile and abduction of a child under 16 years of age for immoral purposes if the term of confinement is less than life imprisonment, the judge shall impose, in addition to any active sentence, a suspended sentence of no less than 40 years and that the suspended sentence shall be suspended (subject to revocation) for the remainder of the defendant's life. Where the conviction is for sexual intercourse, sodomy, or object sexual penetration involving a child under 13 years of age, any probationary period must include at least three years of active supervision under a postrelease supervision program operated by the Department of Corrections with a minimum of three years of electronic GPS (Global Positioning System) monitoring. In any case where a defendant is convicted of abduction, rape, carnal knowledge of a child between 13 and 15 years of age, sodomy, object sexual penetration, aggravated sexual battery, or indecent liberties, and some portion of the sentence is suspended, the period of suspension must be at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and the defendant must be placed on probation for that period of suspension.  The bill also provides that any person three years older than the victim convicted of rape, forcible sodomy or object penetration of a child under 13 in the commission of an abduction, burglary or aggravated malicious wounding is prohibited from working on the property of a school or day care center, subject to a Class 6 felonyAmends § 18.2-48, § 18.2-61, § 18.2-67.1, § 18.2-67.2, § 19.2-303, of the Code of Virginia. Read the Bill »

Status

04/19/2006: enacted

History

  • 01/10/2006 Prefiled and ordered printed; offered 01/11/06 061185134
  • 01/10/2006 Referred to Committee for Courts of Justice
  • 01/11/2006 Fiscal impact statement from VCSC (HB846)
  • 01/18/2006 Assigned to Courts of Justice sub-committee: Criminal Law
  • 02/06/2006 Fiscal impact statement from DPB (HB846)
  • 02/06/2006 Reported from Courts of Justice with substitute (22-Y 0-N)
  • 02/07/2006 Committee substitute printed 061385204-H1
  • 02/08/2006 Assigned Appropriations sub: Public Safety (Sherwood)
  • 02/08/2006 Fiscal impact statement from VCSC (HB846H1)
  • 02/10/2006 Reported from Appropriations (23-Y 0-N)
  • 02/11/2006 Read first time
  • 02/13/2006 Read second time
  • 02/13/2006 Committee substitute agreed to 061385204-H1
  • 02/13/2006 Engrossed by House - committee substitute HB846H1
  • 02/14/2006 Read third time and passed House BLOCK VOTE (100-Y 0-N)
  • 02/14/2006 VOTE: BLOCK VOTE PASSAGE (100-Y 0-N)
  • 02/14/2006 Communicated to Senate
  • 02/15/2006 Constitutional reading dispensed
  • 02/15/2006 Referred to Committee for Courts of Justice
  • 02/27/2006 Reported from Courts of Justice with substitute (15-Y 0-N)
  • 02/27/2006 Committee substitute printed 064658204-S1
  • 02/28/2006 Fiscal impact statement from VCSC (HB846S1)
  • 02/28/2006 Constitutional reading dispensed (40-Y 0-N)
  • 02/28/2006 VOTE: (40-Y 0-N)
  • 03/01/2006 Read third time
  • 03/01/2006 Reading of substitute waived
  • 03/01/2006 Committee substitute agreed to 064658204-S1
  • 03/01/2006 Engrossed by Senate - committee substitute HB846S1
  • 03/01/2006 Passed Senate with substitute (40-Y 0-N)
  • 03/01/2006 VOTE: (40-Y 0-N)
  • 03/02/2006 Placed on Calendar
  • 03/03/2006 Senate substitute agreed to by House (99-Y 0-N)
  • 03/03/2006 VOTE: ADOPTION (99-Y 0-N)
  • 03/11/2006 Bill text as passed House and Senate (HB846ER)
  • 03/11/2006 Enrolled
  • 03/11/2006 Signed by Speaker
  • 03/13/2006 Fiscal impact statement from VCSC (HB846ER)
  • 03/13/2006 Signed by President
  • 03/31/2006 Fiscal impact statement from DPB (HB846ER)
  • 04/11/2006 Governor's recommendation received by House
  • 04/18/2006 Placed on Calendar
  • 04/19/2006 House concurred in Governor's recommendation (98-Y 0-N)
  • 04/19/2006 VOTE: ADOPTION (98-Y 0-N)
  • 04/19/2006 Senate concurred in Governor's recommendation (38-Y 0-N)
  • 04/19/2006 VOTE: (38-Y 0-N)
  • 04/19/2006 G Governor's recommendation adopted
  • 04/19/2006 Reenrolled
  • 04/19/2006 Reenrolled bill text (HB846ER2)
  • 04/19/2006 Signed by Speaker as reenrolled
  • 04/19/2006 Signed by President as reenrolled
  • 04/19/2006 Enacted, Chapter 853 (effective 7/1/06)
  • 04/19/2006 G Acts of Assembly Chapter text (CHAP0853)