What’s New 2012What’s New 2012Virginia’s Sentencing GuidelinesVirginia’s Sentencing Guidelines

• Maiming as a result of driving while intoxicated, third offense of Maiming as a result of driving while intoxicated, third offense of driving after forfeiture of license and manufacturing driving after forfeiture of license and manufacturing methamphetamine (1methamphetamine (1stst and 2 and 2ndnd conviction) are covered by guidelines conviction) are covered by guidelines for any defendant for any defendant sentencedsentenced on or after July 1, 2012. on or after July 1, 2012.

• The recommended sentence for a third or subsequent conviction of The recommended sentence for a third or subsequent conviction of distribution, etc., of a Schedule I/II drug has increased to reflect distribution, etc., of a Schedule I/II drug has increased to reflect historical sentencing in the Commonwealth.historical sentencing in the Commonwealth.

• The look of the Drug Schedule I/II worksheet has changed to The look of the Drug Schedule I/II worksheet has changed to accommodate new guidelines offenses and factors. accommodate new guidelines offenses and factors.

• Legislation passed this year creates new or increased mandatory Legislation passed this year creates new or increased mandatory minimums for several guidelines offenses.minimums for several guidelines offenses.

Effective July 1, 2012Effective July 1, 20124 Main Changes to Virginia’s Sentencing 4 Main Changes to Virginia’s Sentencing

GuidelinesGuidelines*

*Detailed information on each change follows this summary

slide.

Maiming as a result of driving while intoxicated, Maiming as a result of driving while intoxicated, third offense of driving after forfeiture of third offense of driving after forfeiture of license and manufacturing methamphetamine license and manufacturing methamphetamine (1(1stst and 2 and 2ndnd conviction) are covered by conviction) are covered by guidelines for any defendant guidelines for any defendant sentencedsentenced on or on or after July 1, 2012.after July 1, 2012.

Three New Guidelines OffensesThree New Guidelines Offenses

Users will find the following offenses on the worksheets Users will find the following offenses on the worksheets for offenders sentenced on or after July 1, 2012.for offenders sentenced on or after July 1, 2012.

1.1.MaimingMaiming, causing the serious bodily injury of another person resulting , causing the serious bodily injury of another person resulting in permanent and significant physical impairment, as a result of driving in permanent and significant physical impairment, as a result of driving while intoxicated, has been added to the while intoxicated, has been added to the Assault worksheetAssault worksheet..

- § 18.2-51.4(A)§ 18.2-51.4(A)- ASL-1339-F6ASL-1339-F6

nThird offense in ten years of driving after forfeiture of license Third offense in ten years of driving after forfeiture of license for driving while intoxicated or other offense requiring a revocation of a for driving while intoxicated or other offense requiring a revocation of a license has been added to the license has been added to the Traffic/Felony worksheetTraffic/Felony worksheet..

1.1. § 18.2-272(A)§ 18.2-272(A)2.2. DWI-5478-F6DWI-5478-F6

nManufacturing methamphetamineManufacturing methamphetamine, its salts, isomers, or salts of its , its salts, isomers, or salts of its isomers or less than 200 grams of a mixture or substance containing a isomers or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of detectable amount of methamphetamine, its salts, isomers, or salts of its isomers has been added to the its isomers has been added to the Drug Schedule I/II worksheetDrug Schedule I/II worksheet..

- § 18.2-248(C1)§ 18.2-248(C1)- NAR-3131-F9 NAR-3131-F9 (First Conviction)(First Conviction)- NAR-3132-F9 NAR-3132-F9 (Second Conviction)(Second Conviction)

For Offenders Sentenced on July 1, 2012 and After

• Maiming as a result of DWI

• Driving after forfeiture of license - 3rd within 10 years

• Manufacture methamphetamine – 1st or 2nd1

1

2

2

3

3

The recommended sentence for a third or The recommended sentence for a third or subsequent conviction of distribution, etc., of a subsequent conviction of distribution, etc., of a Schedule I/II drug has increased to reflect Schedule I/II drug has increased to reflect historical sentencing in the Commonwealth.historical sentencing in the Commonwealth.

Distribution, etc., Schedule I/II Distribution, etc., Schedule I/II Third or Subsequent Conviction

The scores for the primary offense will increase for defendants sentenced on or after July 1, 2012 for a third or subsequent offense of distribution, etc., of a Schedule I/II drug.

The look of the Drug Schedule I/II worksheet The look of the Drug Schedule I/II worksheet has changed to accommodate new guidelines has changed to accommodate new guidelines offenses and factors. offenses and factors.

The worksheet is split when the primary offense is Sell, etc., Schedule I/II Drug, Third or Subsequent.

“Additional Offenses” and “Prior Felony Drug Convictions/Adjudications” are assigned different scores based on the primary offense.

This factor is scored only if the primary offense is Manufacture Methamphetamine under § 18.2-248 (C1) with an additional offense of Child Present During the Manufacturing of Methamphetamine under § 18.2-248.02 (Additional Information on Next Slide)The points are the same for the “Sale/Quantity of Cocaine.” Only the layout has changed.

The score for an attempted or conspired offense is printed in parentheses.

The primary offense must be for a conviction of Manufacture Methamphetamine under § 18.2-248 (C1) for a user to score the factor “Manufacture Of Methamphetamine (Additional offense of child present during manufacture of methamphetamine)”.

If the offender was convicted of Manufacturing a Schedule I/II drug as the primary offense under § 18.2-248(C), this factor cannot be scored, even if the drug was methamphetamine.

Legislation passed this year creates new or Legislation passed this year creates new or increased mandatory minimums for several increased mandatory minimums for several guidelines offenses.guidelines offenses.

Mandatory Minimums Mandatory Minimums Increased Penalties for Offenses that Occur on or after July 1, 2012

Second Distribution, Second Distribution, etc., of a Schedule I/II etc., of a Schedule I/II DrugDrug

§ 18.2-248(C)§ 18.2-248(C) NAR-3038-F9NAR-3038-F9 3 Years Mandatory3 Years Mandatory

Third or Subsequent Third or Subsequent Distribution, etc., of a Distribution, etc., of a Schedule I/II DrugSchedule I/II Drug

§ 18.2-248(C)§ 18.2-248(C) NAR-3087-F9NAR-3087-F9 10 Years Mandatory10 Years Mandatory

Mandatory Minimums Mandatory Minimums Increased Penalties for Offenses that Occur on or after July 1, 2012

When alleged in the When alleged in the indictmentindictment** that the that the offender is 18 years or offender is 18 years or older at the time of the older at the time of the offense, the punishment is offense, the punishment is a mandatory life sentence a mandatory life sentence for the following:for the following:

Rape Rape Victim Under Age 13 Victim Under Age 13

§ 18.2-61§ 18.2-61 RAP-1131-F9RAP-1131-F9 Life MandatoryLife Mandatory

Forcible Sodomy Forcible Sodomy Victim Under Age Victim Under Age 1313

§ 18.2-67.1§ 18.2-67.1 RAP-1153-F9RAP-1153-F9 Life MandatoryLife Mandatory

Object Sexual Penetration Object Sexual Penetration Victim Under Age 13Victim Under Age 13

§ 18.2-67.2§ 18.2-67.2 RAP-1154-F9RAP-1154-F9 Life MandatoryLife Mandatory

**If not alleged in the indictment, do not If not alleged in the indictment, do not adjust the guidelines adjust the guidelines recommendation for the mandatory recommendation for the mandatory minimum - even if the offender is an minimum - even if the offender is an adult. adult.

New LawsNew LawsWhat’s New 2012What’s New 2012

New LawsNew Laws

§ 5.1-22§ 5.1-22 - Point light from laser, etc., at aircraft- Point light from laser, etc., at aircraft

§ 18.2-51.6§ 18.2-51.6 - Strangulation resulting in wounding or bodily - Strangulation resulting in wounding or bodily injuryinjury

§ 18.2-374.1:1 - Solicitation of child porn to gain entry to group§ 18.2-374.1:1 - Solicitation of child porn to gain entry to group

§ 18.2-374.4§ 18.2-374.4 - Display child porn or grooming video to a child - Display child porn or grooming video to a child

under age 13under age 13

§ 18.2-429§ 18.2-429 - Annoying ringing of phone – subsequent - Annoying ringing of phone – subsequent offenseoffense

§ 63.2-1251§ 63.2-1251 - Intentionally release information from - Intentionally release information from Putative Father RegistryPutative Father Registry

§ 63.2-1509§ 63.2-1509 - Professional/official fails to report suspected - Professional/official fails to report suspected rape, rape,

etc., of childetc., of child

Selected Laws Effective July 1, 2012 *

* Please refer to the 2012 VCC Book for a list of all criminal offenses. New offenses are not covered by sentencing guidelines as the primary offense, but may be scored as additional offenses.

Additional InformationAdditional Information

InformationInformation Contact staff of the Commission by phone from 7:30AM Contact staff of the Commission by phone from 7:30AM

to 5:30PM (Monday – Friday) to 5:30PM (Monday – Friday) 804.225.4398

Contact Staff by Email. Email addresses are posted on Contact Staff by Email. Email addresses are posted on the Commission’s website: the Commission’s website: www.vcsc.virginia.gov.

Sentencing Guidelines worksheets are available on the Sentencing Guidelines worksheets are available on the Commission’s website: Commission’s website: www.vcsc.virginia.gov

Manuals, VCC Books and updates will be shipped in late Manuals, VCC Books and updates will be shipped in late June.June.

An order form for the 15An order form for the 15thth edition of edition of Virginia’s Sentencing Virginia’s Sentencing Guidelines ManualGuidelines Manual is available on the Commission’s is available on the Commission’s website.website.

Judges, Commonwealth’s Attorneys, Public Defenders and Judges, Commonwealth’s Attorneys, Public Defenders and Probation Officers will automatically be shipped updates Probation Officers will automatically be shipped updates based on the number requested last year.based on the number requested last year.

2012 Seminars 2012 Seminars Registration Form is Available on the Commission’s WebsiteRegistration Form is Available on the Commission’s Website

100 North Ninth StreetRichmond, VA 23219

Supreme Court Building5th Floor

804-225-4398

Virginia Criminal Virginia Criminal Sentencing CommissionSentencing Commission

www.vcsc.virginia.gov