Felony homicide; certain drug offenses constitute second degree murder, penalty. (HB1616)
Introduced By
Del. Scott Lingamfelter (R-Woodbridge)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Felony homicide; certain drug offenses; accommodation; 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. However, the bill also provides that if the person proves that he gave or distributed the controlled substance only as an accommodation, he is guilty instead of a Class 5 felony. 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). Read the Bill »
Status
02/25/2017: failed house
History
Date | Action |
---|---|
01/03/2017 | Committee |
01/03/2017 | Prefiled and ordered printed; offered 01/11/17 17101315D |
01/03/2017 | Referred to Committee for Courts of Justice |
01/13/2017 | Impact statement from VCSC (HB1616) |
01/30/2017 | Impact statement from DPB (HB1616) |
02/01/2017 | Reported from Courts of Justice with substitute (15-Y 6-N) (see vote tally) |
02/01/2017 | Committee substitute printed 17105123D-H1 |
02/01/2017 | Referred to Committee on Appropriations |
02/01/2017 | Impact statement from VCSC (HB1616H1) |
02/02/2017 | Assigned App. sub: Public Safety |
02/03/2017 | Subcommittee recommends reporting (6-Y 0-N) |
02/03/2017 | Reported from Appropriations (20-Y 0-N) (see vote tally) |
02/04/2017 | Read first time |
02/06/2017 | Read second time |
02/06/2017 | Committee substitute agreed to 17105123D-H1 |
02/06/2017 | Amendment by Delegate Lingamfelter agreed to |
02/06/2017 | Engrossed by House - committee substitute with amendment HB1616EH1 |
02/06/2017 | Printed as engrossed 17105123D-EH1 |
02/07/2017 | Impact statement from VCSC (HB1616EH1) |
02/07/2017 | Read third time and passed House (67-Y 28-N) |
02/07/2017 | VOTE: PASSAGE (67-Y 28-N) (see vote tally) |
02/08/2017 | Constitutional reading dispensed |
02/08/2017 | Referred to Committee for Courts of Justice |
02/10/2017 | Impact statement from DPB (HB1616EH1) |
02/13/2017 | Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally) |
02/13/2017 | Committee substitute printed 17105433D-S1 |
02/13/2017 | Rereferred to Finance |
02/13/2017 | Impact statement from VCSC (HB1616S1) |
02/15/2017 | Reported from Finance with amendment (16-Y 0-N) (see vote tally) |
02/16/2017 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/17/2017 | Read third time |
02/17/2017 | Reading of substitute waived |
02/17/2017 | Committee substitute agreed to 17105433D-S1 |
02/17/2017 | Reading of amendment waived |
02/17/2017 | Committee amendment agreed to |
02/17/2017 | Passed by for the day |
02/20/2017 | Impact statement from DPB (HB1616S1) |
02/20/2017 | Read third time |
02/20/2017 | Engrossed by Senate - committee substitute with amendment HB1616S1 |
02/20/2017 | Passed Senate with substitute with amendment (37-Y 3-N) (see vote tally) |
02/21/2017 | Placed on Calendar |
02/21/2017 | Senate substitute with amendment rejected by House 17105433D-S1 (0-Y 97-N) |
02/21/2017 | VOTE: REJECTED (0-Y 97-N) (see vote tally) |
02/22/2017 | Senate insisted on substitute with amendment (40-Y 0-N) (see vote tally) |
02/22/2017 | Senate requested conference committee |
02/23/2017 | House acceded to request |
02/23/2017 | Conferees appointed by House |
02/23/2017 | Delegates: Lingamfelter, Albo, Herring |
02/23/2017 | Conferees appointed by Senate |
02/23/2017 | Senators: Stuart, Obenshain, Howell |
02/25/2017 | Failed to pass in House |
02/25/2017 | No further action taken |
02/25/2017 | Failed to pass |
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 40 seconds.
Transcript
This is a transcript of the video clips in which this bill is discussed.
Del. Chris Collins (R-Winchester): HOWEVER, WE NEGLECTED TO ALLOW PRO SE TO GET AHOLD OF THE INFORMATION AND THE CONSTITUTION WAS GETTING IN OUR WAY, SO WE HAD TO ADD THAT LANGUAGE INTO THE BILL. SO I WOULD ASK THAT YOU ACCEPT THE AMENDMENT.
[Unknown]: THE QUESTION IS ON ADOPTION OF THE SENATE AMENDMENTS, AS MANY AS FAVOR THOSE OPPOSED, NO -- THAT MOTION WILL SAY AYE,
Del. Chris Collins (R-Winchester): I'M SORRY, I WAS SO EXCITED ABOUT IT.
[Unknown]: SHALL THE SENATE AMENDMENTS BE AGREED TO?
Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 91, NOS SIX. AYES 91, NOS SIX, THE
Comments
ACLU of Virginia strongly opposes this bill. This legislation would create a new felony homicide offense for offenders who sell drugs to another person, which results “in the killing of one accidentally, contrary to the intention of the parties.” This legislation is a direct response to a recent Virginia Court of Appeals decision, Woodard v. Commonwealth, 61 Va. App. 567 (2013), aff’d, 287 Va. 276 (2014), which held that such individuals could not be convicted of homicide under current state felony homicide law. The concept of felony homicide laws is to punish someone that commits a violent act that inadvertently causes the death of a person who was not the intended victim (such as accidentally shooting someone during a robbery). Felony homicide was not meant to apply to just any non-violent underlying felony (it is a felony to steal over $200 worth of merchandise from a store and if a thief accidentally killed someone as they were stealing such merchandise, by say hitting a pedestrian with their get-away car, the law of felony homicide would not apply – that would be manslaughter). This legislation is a misplaced relic of the failed War on Drugs. Under § 18.2-248 of Virginia law, drug dealers can already be sentenced up to 40 years for their first offense of manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance listed in Schedule I and II (narcotics and marijuana among others)
ACLU of Virginia strongly opposes this bill. This legislation would create a new felony homicide offense for offenders who sell drugs to another person, which results “in the killing of one accidentally, contrary to the intention of the parties.” This legislation is a direct response to a recent Virginia Court of Appeals decision, Woodard v. Commonwealth, 61 Va. App. 567 (2013), aff’d, 287 Va. 276 (2014), which held that such individuals could not be convicted of homicide under current state felony homicide law. The concept of felony homicide laws is to punish someone that commits a violent act that inadvertently causes the death of a person who was not the intended victim (such as accidentally shooting someone during a robbery). Felony homicide was not meant to apply to just any non-violent underlying felony (it is a felony to steal over $200 worth of merchandise from a store and if a thief accidentally killed someone as they were stealing such merchandise, by say hitting a pedestrian with their get-away car, the law of felony homicide would not apply – that would be manslaughter). This legislation is a misplaced relic of the failed War on Drugs. Under § 18.2-248 of Virginia law, drug dealers can already be sentenced up to 40 years for their first offense of manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance listed in Schedule I and II (narcotics and marijuana among others).