Felony homicide; certain drug offenses, penalty. (HB102)

Introduced By

Del. Scott Lingamfelter (R-Woodbridge) with support from 23 copatrons, whose average partisan position is:

Those copatrons are Del. Rich Anderson (R-Woodbridge), Del. Dickie Bell (R-Staunton), Del. Rob Bell (R-Charlottesville), Del. Rob Bloxom (R-Accomack), Del. Mark Dudenhefer (R-Stafford), Del. Buddy Fowler (R-Ashland), Del. Chris Head (R-Roanoke), Del. Bill Howell (R-Fredericksburg), Del. Riley Ingram (R-Hopewell), Del. Chris Jones (R-Suffolk), Del. Barry Knight (R-Virginia Beach), Del. Steve Landes (R-Weyers Cave), Del. Manoli Loupassi (R-Richmond), Del. Danny Marshall (R-Danville), Del. Jimmie Massie (R-Richmond), Del. Randy Minchew (R-Leesburg), Del. Israel O'Quinn (R-Bristol), Del. Bobby Orrock (R-Thornburg), Del. John O'Bannon (R-Richmond), Del. Charles Poindexter (R-Glade Hill), Del. Roxann Robinson (R-Chesterfield), Del. Chris Stolle (R-Virginia Beach), Del. Tony Wilt (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. This bill serves to overrule the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014). Amends § 18.2-33, of the Code of Virginia. Read the Bill »

Status

02/24/2016: passed committee

History

  • 12/14/2015 Committee
  • 12/14/2015 Prefiled and ordered printed; offered 01/13/16 16100533D
  • 12/14/2015 Referred to Committee for Courts of Justice
  • 01/09/2016 Impact statement from VCSC (HB102)
  • 01/29/2016 Impact statement from DPB (HB102)
  • 02/05/2016 Assigned App. sub: Criminal Law
  • 02/05/2016 Assigned Courts sub: Criminal Law
  • 02/08/2016 Subcommittee recommends reporting (10-Y 0-N)
  • 02/10/2016 Reported from Courts of Justice (22-Y 0-N) (see vote tally)
  • 02/12/2016 Read first time
  • 02/15/2016 Read second time and engrossed
  • 02/16/2016 Read third time and passed House (94-Y 5-N)
  • 02/16/2016 VOTE: PASSAGE (94-Y 5-N) (see vote tally)
  • 02/17/2016 Constitutional reading dispensed
  • 02/17/2016 Referred to Committee for Courts of Justice
  • 02/24/2016 Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
  • 02/24/2016 Committee substitute printed 16105814D-S1
  • 02/24/2016 Rereferred to Finance
  • 02/25/2016 Impact statement from VCSC (HB102S1)
  • 03/01/2016 Impact statement from DPB (HB102S1)
  • 03/02/2016 Continued to 2017 in Finance (15-Y 0-N) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

HOMICIDE, WHICH CONSTITUTES SECOND DEGREE MURDER AND PUNISHABLE OF CONFINEMENT IF THE UNDER LYING FELONY THAT RESULTED IN THE KILLING OF ANOTHER INVOLVED THE MANUFACTURE, SALE, GIFT, OR DISTRIBUTION OF A SCHEDULE 1 OR 2 DRUG. ALSO PROVIDES THAT THE VENUE WILL LIE WITH THE LOCALITY AND WHERE THE DEATH OCCURRED. THIS BILL SERVES TO ADDRESS THIS LAW BEING OVERTURNED AND WOOD WARD VERSUS COMMON WEALTH.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM ROANOKE CITY, MR. RASOUL.

Del. Sam Rasoul (D-Roanoke): SPEAKING TO THE BILL, MR.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR. SPEAKER. GENTLEMEN OF THE HOUSE, LAST

Del. Sam Rasoul (D-Roanoke): MR. SPEAKER, LADIES AND YEAR WE, UNDER THE LEADERSHIP OF DELEGATE CARR PASSED OUT HB 1500 WHICH MADE IT EASIER FOR FRIENDS OF THOSE WHO OVERDOSED TO NOTIFY AUTHORITIES MY FRIEND IS IN TROUBLE WITHOUT FEAR OF PERSECUTION. I APPRECIATE THE INTENT OF THE BILL. I THINK THERE ARE UNINTENDED CONSEQUENCES THAT WE CAN POTENTIALLY HOLD THOSE HOSTAGE THAT ARE SIMPLY FRIENDS OF THOSE THAT HAVE OVERDOSED SO I KNOW THIS BILL HAS BEEN MOVED TO THE REGULAR CALENDAR, I HOPE IT BE THE PLEASURE OF THE BODY TO NOT PASS THE BILL.

[Unknown]: CLERK WILL CONTINUE. HOUSE BILL 168 RELATED TO

Duplicate Bills

The following bills are identical to this one: HB615.

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. After 40 years of the War on Drugs, we know that imposing harsh punishments on suppliers has not solved the problem. Moreover, Virginia law already provides that a first-time drug dealer can go to prison for 40 years. Legislation like this makes poor use of the Commonwealth's scarce resources and takes the focus away from what actually works to increase public safety and public health: substance abuse treatment. This bill would expand the failed War on Drugs. We strongly oppose it.

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. After 40 years of the War on Drugs, we know that imposing harsh punishments on suppliers has not solved the problem. Moreover, Virginia law already provides that a first-time drug dealer can go to prison for 40 years. Legislation like this makes poor use of the Commonwealth's scarce resources and takes the focus away from what actually works to increase public safety and public health: substance abuse treatment. This bill would expand the failed War on Drugs. We strongly oppose it.