Proposed Virginia Firearm Legislation HB612
Legislation Overview
Title: Controlled substances; reduces penalties for possession.
Subject: Courts Not of Record: Crimes and Offenses Generally: Criminal Procedure: Narcotics and Drugs: Misdemeanors: Controlled Substances
Description: 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 committed on or after July 1, 2022, 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 committed on or after July 1, 2022, 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 provides that, for the purposes of the offense of possession of controlled substances, the term "controlled substance" does not include mere residue of any drug, substance, or immediate precursor in Schedules I through VI that is not a usable quantity or a countable dosage unit. 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. The bill contains technical amendments.
Session: 2022 Regular Session
Last Action: Left in Courts of Justice
Last Action Date: February 15, 2022
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
1 sponsors: Sally Hudson (D);
Percentage of House Of Delegates sponsoring bill: 1% (1 of 100)
History
| Chamber | Date | Action |
| House | Feb 15, 2022 | Left in Courts of Justice |
| House | Jan 21, 2022 | Subcommittee recommends laying on the table (6-Y 2-N) |
| House | Jan 20, 2022 | Assigned Courts sub: Subcommittee #1 |
| House | Jan 11, 2022 | Prefiled and ordered printed; offered 01/12/22 22104205D |
| House | Jan 11, 2022 | Referred to Committee for Courts of Justice |
Texts
| Type | Date | State Link | Text |
| Prefiled | Jan 11, 2022 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| House: Subcommittee recommends laying on the table (6-Y 2-N) | 01/21/2022 | 6 | 2 | 0 | 0 | Yes |
|
||||||
| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
