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HB1616

Felony homicide; certain drug offenses constitute second degree murder, penalty.

Status:
Killed

Chief Patron:
Scott Lingamfelter (R)

Session:
2017 Regular Session

Summary

As introduced. 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). (Less)
  • Bill History

  • 01/03/2017 - House: Prefiled and ordered printed; offered 01/11/17 17101315D
  • 01/03/2017 - House: Referred to Committee for Courts of Justice
  • 01/13/2017 - House: Impact statement from VCSC (HB1616)
  • 01/30/2017 - House: Impact statement from DPB (HB1616)
  • 02/01/2017 - House: Reported from Courts of Justice with substitute (15-Y 6-N)
  • 02/01/2017 - House: Committee substitute printed 17105123D-H1
  • 02/01/2017 - House: Referred to Committee on Appropriations
  • 02/01/2017 - House: Impact statement from VCSC (HB1616H1)
  • 02/02/2017 - House: Assigned App. sub: Public Safety
  • 02/03/2017 - House: Subcommittee recommends reporting (6-Y 0-N)
  • 02/03/2017 - House: Reported from Appropriations (20-Y 0-N)
  • 02/04/2017 - House: Read first time
  • 02/06/2017 - House: Read second time
  • 02/06/2017 - House: Committee substitute agreed to 17105123D-H1
  • 02/06/2017 - House: Amendment by Delegate Lingamfelter agreed to
  • 02/06/2017 - House: Engrossed by House - committee substitute with amendment HB1616EH1
  • 02/06/2017 - House: Printed as engrossed 17105123D-EH1
  • 02/07/2017 - House: Impact statement from VCSC (HB1616EH1)
  • 02/07/2017 - House: Read third time and passed House (67-Y 28-N)
  • 02/07/2017 - House: VOTE: PASSAGE (67-Y 28-N)
  • 02/08/2017 - Senate: Constitutional reading dispensed
  • 02/08/2017 - Senate: Referred to Committee for Courts of Justice
  • 02/10/2017 - House: Impact statement from DPB (HB1616EH1)
  • 02/13/2017 - Senate: Reported from Courts of Justice with substitute (14-Y 0-N)
  • 02/13/2017 - Senate: Committee substitute printed 17105433D-S1
  • 02/13/2017 - Senate: Rereferred to Finance
  • 02/13/2017 - House: Impact statement from VCSC (HB1616S1)
  • 02/15/2017 - Senate: Reported from Finance with amendment (16-Y 0-N)
  • 02/16/2017 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 02/17/2017 - Senate: Read third time
  • 02/17/2017 - Senate: Reading of substitute waived
  • 02/17/2017 - Senate: Committee substitute agreed to 17105433D-S1
  • 02/17/2017 - Senate: Reading of amendment waived
  • 02/17/2017 - Senate: Committee amendment agreed to
  • 02/17/2017 - Senate: Passed by for the day
  • 02/20/2017 - House: Impact statement from DPB (HB1616S1)
  • 02/20/2017 - Senate: Read third time
  • 02/20/2017 - Senate: Engrossed by Senate - committee substitute with amendment HB1616S1
  • 02/20/2017 - Senate: Passed Senate with substitute with amendment (37-Y 3-N)
  • 02/21/2017 - House: Placed on Calendar
  • 02/21/2017 - House: Senate substitute with amendment rejected by House 17105433D-S1 (0-Y 97-N)
  • 02/21/2017 - House: VOTE: REJECTED (0-Y 97-N)
  • 02/22/2017 - Senate: Senate insisted on substitute with amendment (40-Y 0-N)
  • 02/22/2017 - Senate: Senate requested conference committee
  • 02/23/2017 - House: House acceded to request
  • 02/23/2017 - House: Conferees appointed by House
  • 02/23/2017 - House: Delegates: Lingamfelter, Albo, Herring
  • 02/23/2017 - Senate: Conferees appointed by Senate
  • 02/23/2017 - Senate: Senators: Stuart, Obenshain, Howell
  • 02/25/2017 - House: No further action taken
  • 02/25/2017 - House: Failed to pass