Virginia Senate Bill SB881

Virginia 2023 Regular Session

• Introduced: 1/3/23
• Refer: 1/3/23

Caption

Felony homicide; certain drug offenses, penalty.

Impact

The bill is expected to create a significant impact on state laws regarding the prosecution of individuals involved in drug distribution and related deaths. By clarifying the legal basis for felony homicide linked to drug offenses, the law aims to strengthen accountability among individuals who engage in the distribution of harmful substances. Additionally, under certain circumstances, individuals may be subject to less severe penalties, as indicated by the provision that allows for a Class 5 felony charge if distribution was conducted merely as an accommodation, without the intention to profit or induce addiction.

Summary

SB881 amends §18.2-33 of the Code of Virginia to address felony homicide as it relates to drug offenses. The bill establishes that if a person's accidental killing occurs during the commission of a felonious act—specifically involving the manufacture, sale, gift, or distribution of controlled substances classified in Schedule I or II—such an act can be classified as felony homicide. This legislative change includes provisions that outline the penalties and possible defenses available to defendants in such cases, emphasizing that knowing or voluntary use of the drug by the deceased does not mitigate responsibility for the drug distributor if the death results from the substance's use.

Contention

Discussion of SB881 has revealed notable points of contention among legislators and community members. Critics are concerned that the bill may result in increased incarceration rates and extended prison terms, as it may lead to harsher punishments for drug-related deaths. They argue that this could disproportionately affect vulnerable populations and exacerbate existing issues within the criminal justice system. Proponents, however, argue that the bill is necessary to combat the growing opioid crisis and ensure that those who contribute to such tragedies face appropriate legal repercussions. As such, the debate reflects broader societal discussions on drug policy and public safety.