SENATE JOINT RESOLUTION NO. 28 Offered January 9, 2008 Prefiled January 3, 2008 Requesting the Virginia Criminal Sentencing Commission to study the use of and need for enhanced punishment for crimes committed in the presence of children. Report. ---------- Patron-- Marsh ---------- Referred to Committee on Rules ----------

WHEREAS, crimes can have a profound effect on the health and welfare of the children who witness such crimes, even though they are not the actual victims of the crimes; and

WHEREAS, in 2005, the General Assembly enacted § 18.2-248.02 of the Code of Virginia which made it a separate felony, punishable by imprisonment for not less than 10 years and not more than 40 years, for a person to manufacture or attempt to manufacture methamphetamine in the same place where a child with whom the person maintains a custodial relationship is present, and such sentence is in addition to and shall be served consecutively with any other sentence; and

WHEREAS, it is important to know how courts respond to and utilize information concerning the presence of children during the commission of a crime when sentencing a defendant; and

WHEREAS, the appropriate punishment of individuals who commit crimes is a priority for all public officials and citizens of the Commonwealth; and

WHEREAS, the Virginia Criminal Sentencing Commission collects and maintains data on the sentencing of criminals in the Commonwealth; and

WHEREAS, there is a need for a comprehensive study of the sentencing of criminals who commit crimes in the presence of children in order to assess the appropriateness of these sentences; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Virginia Criminal Sentencing Commission be requested to study the use of and need for enhanced punishment for crimes committed in the presence of children.

In conducting its study, the Virginia Criminal Sentencing Commission shall examine the number of convictions for crimes, and the nature of these crimes, that were committed in the presence of children and whether the presence of such children during the commission of a crime was taken into account during sentencing in order to recommend any necessary statutory amendments or adjustments in sentencing guidelines as the Commission deems appropriate.

All agencies of the Commonwealth shall provide assistance to the Virginia Criminal Sentencing Commission for this study, upon request.

The Virginia Criminal Sentencing Commission shall complete its meetings by November 30, 2008, and shall submit to the Governor and the General Assembly an executive summary and a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports no later than the first day of the 2009 Regular Session of the General Assembly and shall be posted on the General Assembly's website.