HOUSE BILL NO. 1520 House Amendments in [ ] – February 11, 2008 A BILL to amend and reenact § 19.2-298 of the Code of Virginia, relating to failure to comply with sentencing order; penalty. ---------- Patron Prior to Engrossment--Delegate Massie ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-298 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-298. Pronouncement of sentence; failure to comply with sentencing order.

After a finding of guilty, sentence shall be pronounced, or decision to suspend the imposition of sentence shall be announced, without unreasonable delay. Pending pronouncement, the court may commit the accused to jail or may continue or alter the bail except that in those cases where the accused is convicted of a murder in the first degree, the court shall commit him to jail and he shall not be allowed bail pending the pronouncement of sentence. Before pronouncing the sentence, the court shall inquire of the accused if he desires to make a statement and if he desires to advance any reason why judgment should not be pronounced against him.

Any person who [ willfully and knowingly ] violates a sentencing order of a court by failing to surrender himself to jail at the time ordered by the court is guilty of a Class 1 misdemeanor.

HOUSE BILL NO. 1520 Offered January 18, 2008 A BILL to amend and reenact § 19.2-298 of the Code of Virginia, relating to failure to comply with sentencing order; penalty. ---------- Patron-- Massie ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-298 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-298. Pronouncement of sentence; failure to comply with sentencing order.

After a finding of guilty, sentence shall be pronounced, or decision to suspend the imposition of sentence shall be announced, without unreasonable delay. Pending pronouncement, the court may commit the accused to jail or may continue or alter the bail except that in those cases where the accused is convicted of a murder in the first degree, the court shall commit him to jail and he shall not be allowed bail pending the pronouncement of sentence. Before pronouncing the sentence, the court shall inquire of the accused if he desires to make a statement and if he desires to advance any reason why judgment should not be pronounced against him.

Any person who violates a sentencing order of a court by failing to surrender himself to jail at the time ordered by the court is guilty of a Class 1 misdemeanor.