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)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 felony.  Read the Bill »


04/19/2006: enacted


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