Criminal law; redefinition of triggerman rule, penalty. (HB389)
Introduced By
Del. Todd Gilbert (R-Woodstock) with support from co-patron Del. Rob Bell (R-Charlottesville)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
✓ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Criminal law; redefinition of the triggerman rule. Redefines the "triggerman rule," which currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty and that accessories and principals in the second degree can be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 01/10/2012 | Committee |
| 01/10/2012 | Prefiled and ordered printed; offered 01/11/12 12101763D |
| 01/10/2012 | Referred to Committee for Courts of Justice |
| 01/11/2012 | Impact statement from VCSC (HB389) |
| 01/13/2012 | Assigned Courts sub: Criminal |
| 01/30/2012 | Impact statement from DPB (HB389) |
| 02/06/2012 | Subcommittee recommends reporting (7-Y 1-N) |
| 02/10/2012 | Reported from Courts of Justice with substitute (13-Y 5-N) (see vote tally) |
| 02/10/2012 | Committee substitute printed 12105179D-H1 |
| 02/10/2012 | Incorporates HB954 |
| 02/12/2012 | Read first time |
| 02/13/2012 | Impact statement from VCSC (HB389H1) |
| 02/13/2012 | Read second time |
| 02/13/2012 | Committee substitute agreed to 12105179D-H1 |
| 02/13/2012 | Engrossed by House - committee substitute HB389H1 |
| 02/14/2012 | Read third time and passed House (72-Y 28-N) |
| 02/14/2012 | VOTE: PASSAGE (72-Y 28-N) (see vote tally) |
| 02/15/2012 | Constitutional reading dispensed |
| 02/15/2012 | Referred to Committee for Courts of Justice |
| 02/22/2012 | Failed to report (defeated) in Courts of Justice (6-Y 8-N 1-A) (see vote tally) |
Comments
Justice is expensive. It's not always accessible for the poorer among us. This bill, if passed, would increase the chances that the commonwealth would commit murder by mistake.