VA SB66 | 2016 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on December 21 2015 - 25% progression, died in committee
Action: 2016-02-01 - Continued to 2017 in Courts of Justice (15-Y 0-N)
Pending: Senate Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

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. 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. There is an accommodation provision and an affirmative defense if the person giving or distributing the drugs did so as an accommodation, stayed with the person overdosing, seeks medical help, identifies himself to law enforcement, and cooperates in the criminal investigation. 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).

Tracking Information

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Title

Felony homicide; certain drug offenses, accommodation, penalty.

Sponsors


Roll Calls

2016-02-01 - Senate - Senate: Continued to 2017 in Courts of Justice (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2016-02-01SenateContinued to 2017 in Courts of Justice (15-Y 0-N)
2015-12-21SenateReferred to Committee for Courts of Justice
2015-12-21SenatePrefiled and ordered printed; offered 01/13/16 16101132D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
18233.1(n/a)See Bill Text

Virginia State Sources


Bill Comments

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