Bill Text: VA SB35 | 2018 | Regular Session | Prefiled


Bill Title: Sentence reduction; substantial assistance to prosecution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-11-20 - Referred to Committee for Courts of Justice [SB35 Detail]

Download: Virginia-2018-SB35-Prefiled.html
18100459D
SENATE BILL NO. 35
Offered January 10, 2018
Prefiled November 20, 2017
A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.01, relating to sentence reduction; substantial assistance to prosecution.
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Patron-- Stanley
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-303.01 as follows:

§19.2-303.01. Reduction of sentence; substantial assistance to prosecution.

Notwithstanding any other provision of law or rule of court, upon motion of the attorney for the Commonwealth, the sentencing court may reduce the defendant's sentence if the defendant, after sentencing, provided substantial assistance in investigating or prosecuting another person for an act of violence as defined in §19.2-297.1 or any violation of §18.2-248, 18.2-248.01, 18.2-248.02, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, or 18.2-258.2. In determining whether the defendant has provided substantial assistance pursuant to the provisions of this section, the court shall consider (i) the court's evaluation of the significance and usefulness of the defendant's assistance, taking into consideration the Commonwealth's evaluation of the assistance rendered; (ii) the truthfulness, completeness, and reliability of any information or testimony provided by the defendant; (iii) the nature and extent of the defendant's assistance; (iv) any injury suffered or any danger or risk of injury to the defendant or his family resulting from his assistance; and (v) the timeliness of the defendant's assistance. If the motion is made more than one year after sentencing, the court may reduce a sentence only if the defendant's substantial assistance involved (a) information not known to the defendant until more than one year after sentencing, (b) information provided by the defendant within one year of sentencing but that did not become useful to the Commonwealth until more than one year after sentencing, or (c) information the usefulness of which could not reasonably have been anticipated by the defendant until more than one year after sentencing and which was promptly provided to the Commonwealth by the defendant after its usefulness was reasonably apparent.

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