Virginia Senate Bill 411 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Engrossed on February 9 2022 - 50% progression, died in chamber
Action: 2022-02-10 - Read third time and defeated by Senate (19-Y 21-N)
Text: Latest bill text (Prefiled) [HTML]

Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses. The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense or for an offense under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute. The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses for a prisoner to secrete or have in his possession any chemical compound that he has not lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting or possessing a controlled substance or marijuana by a prisoner punishable the same as possession of such controlled substances or marijuana by a person who is not in prison. Lastly, the bill provides that the definition of "controlled substance" for purposes of the Drug Control Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a countable dosage unit. The bill contains technical amendments.

Controlled substances; possession, penalties.

Sen. Joseph Morrissey [D]

2022-02-10 - Senate - Senate: Read third time and defeated by Senate (19-Y 21-N) (Y: 19 N: 21 NV: 0 Abs: 0) [FAIL]
2022-02-08 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-07 - Senate - Senate: Reported from Judiciary (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2022-02-10	Senate	Read third time and defeated by Senate (19-Y 21-N)
2022-02-09	Senate	Read second time and engrossed
2022-02-08	Senate	Constitutional reading dispensed (40-Y 0-N)
2022-02-07	Senate	Reported from Judiciary (9-Y 6-N)
2022-01-31	Senate	Assigned Judiciary sub: Criminal Law
2022-01-11	Senate	Referred to Committee on the Judiciary
2022-01-11	Senate	Prefiled and ordered printed; offered 01/12/22 22101679D

Chapter	Article	Section	Citation Type	Statute Text
16	1	278.9	(n/a)	See Bill Text
18	2	250	(n/a)	See Bill Text
18	2	251	(n/a)	See Bill Text
18	2	257	(n/a)	See Bill Text
18	2	477.2	(n/a)	See Bill Text
19	2	188.1	(n/a)	See Bill Text
19	2	392.02	(n/a)	See Bill Text
37	2	314	(n/a)	See Bill Text
37	2	416	(n/a)	See Bill Text
37	2	506	(n/a)	See Bill Text
53	1	203	(n/a)	See Bill Text
54	1	3401	(n/a)	See Bill Text
63	2	1721	(n/a)	See Bill Text
63	2	1722	(n/a)	See Bill Text
63	2	1726	(n/a)	See Bill Text
63	2	901.1	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+SB411
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB411+hil
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?221+oth+SB411F122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+S03V0119+SB0411
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+SV0275SB0411+SB0411
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+SV0306SB0411+SB0411