HB571: Accessories after the fact; increased to Class 6 felony for person guilty in capital murder case.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-19 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-19. How accessories after the fact punished; certain exceptions.
In every
case involving (i) a criminal
homicide other than involuntary manslaughter, (ii)
a felony criminal sexual assault set
forth in Article 7 (18.2-61 et seq.) of Chapter
4 of Title 18.2, or (iii)
a robbery, every
accessory after the fact is guilty of a Class 6 felony. In
the case of every other felony,
every accessory after the fact shall
be is
guilty of a Class 1 misdemeanor; provided, however, no. No person in the relation of
husband or wife, parent or grandparent, child or grandchild, brother or sister,
by consanguinity or affinity, or servant to the offender, who, after the
commission of a felony, shall
aid or assist aids or assists
a principal felon or accessory before the fact to avoid or escape from
prosecution or punishment, shall be deemed an accessory after the fact.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 781 of the Acts of Assembly of 2009 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.