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 <u>Woodard v. Commonwealth,</u> 61 Va. App. 567, 739 S.E.2d 220 (2013), <u>aff'd,</u> 287 Va. 276, 754 S.E.2d 309 (2014).