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 felony. Read the Bill »
Status
04/19/2006: enacted
History
Date | Action |
---|---|
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) |