SB 624

            
2020 SESSION

20105021D

SENATE BILL NO. 624


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact �� 19.2-297.1 and 53.1-40.01 of 
 the Code of Virginia, relating to conditional release of geriatric prisoners.
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Patrons-- Spruill and Morrissey

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Referred to Committee on Rehabilitation and Social Services

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Be it enacted by the General Assembly of Virginia:
 
 
1. That �� 19.2-297.1 and 53.1-40.01 of the Code of Virginia 
 are amended and reenacted as follows:
 
 
� 19.2-297.1. Sentence of person twice previously convicted of 
 certain violent felonies.
 
 
A. Any person convicted of two or more separate acts of 
 violence when such offenses were not part of a common act, transaction or 
 scheme, and who has been at liberty as defined in � 53.1-151 between each 
 conviction, shall, upon conviction of a third or subsequent act of violence, be 
 sentenced to life imprisonment and shall not have all or any portion of the 
 sentence suspended, provided it is admitted, or found by the jury or judge 
 before whom he is tried, that he has been previously convicted of two or more 
 such acts of violence. For the purposes of this section, "act of violence" 
 means (i) any one of the following violations of Chapter 4 (� 18.2-30 et seq.) 
 of Title 18.2:
 
 
a. First and second degree murder and voluntary manslaughter 
 under Article 1 (� 18.2-30 et seq.);
 
 
b. Mob-related felonies under Article 2 (� 18.2-38 et seq.);
 
 
c. Any kidnapping or abduction felony under Article 3 (� 
 18.2-47 et seq.);
 
 
d. Any malicious felonious assault or malicious bodily 
 wounding under Article 4 (� 18.2-51 et seq.);
 
 
e. Robbery under � 18.2-58 and carjacking under � 18.2-58.1;
 
 
f. Except as otherwise provided in � 18.2-67.5:2 or � 
 18.2-67.5:3, criminal sexual assault punishable as a felony under Article 7 (� 
 18.2-61 et seq.); or
 
 
g. Arson in violation of � 18.2-77 when the structure burned 
 was occupied or a Class 3 felony violation of � 18.2-79.
 
 
(ii) conspiracy to commit any of the violations enumerated in 
 clause (i) of this section; and (iii) violations as a principal in the second 
 degree or accessory before the fact of the provisions enumerated in clause (i) 
 of this section.
 
 
B. Prior convictions shall include convictions under the laws 
 of any state or of the United States for any offense substantially similar to 
 those listed under "act of violence" if such offense would be a 
 felony if committed in the Commonwealth.
 
 
The Commonwealth shall notify the defendant in writing, at 
 least thirty days prior to trial, of its intention to seek punishment pursuant 
 to this section.
 
 
C. Any person sentenced to life imprisonment pursuant to this 
 section shall not be eligible for parole and shall not be eligible for any good 
 conduct allowance or any earned sentence credits under Chapter 6 (� 53.1-186 et 
 seq.) of Title 53.1. However, any person subject 
 to the provisions of this section, other than a person who was sentenced under 
 subsection A of � 18.2-67.5:3 for criminal sexual assault convictions specified 
 in subdivision f, (i) who has reached the age of sixty-five or older and who 
 has served at least five years of the sentence imposed or (ii) who has reached 
 the age of sixty or older and who has served at least ten years of the sentence 
 imposed may petition the Parole Board for conditional release. 
 The Parole Board shall promulgate regulations to implement the provisions of 
 this subsection.
 
 
� 53.1-40.01. Conditional release of geriatric prisoners.
 
 
Any person serving a sentence imposed upon a conviction for a 
 felony offense, other than a Class 1 felony, (i) who has 
 reached the age of sixty-five is 65 
 years of age or older and who has served at least five 
 years of the sentence imposed or, (ii) who has 
 reached the age of sixty is 60 
 years of age or older and who has served at least ten 10 
 years of the sentence imposed, (iii) who is 55 years of 
 age or older and who has served at least 15 years of the 
 sentence imposed, or (iv) who is 50 years of 
 age or older and who has served at least 20 years of the 
 sentence imposed may petition the Parole Board for 
 conditional release. The Parole Board shall promulgate regulations to implement 
 the provisions of this section.