Bill
Bill > HB1848
VA HB1848
Controlled substances; possession unlawful, second or subsequent conviction, mandatory minimum fine.
summary
Introduced
01/06/2025
01/06/2025
In Committee
01/06/2025
01/06/2025
Crossed Over
Passed
Dead
02/22/2025
02/22/2025
Introduced Session
2025 Regular Session
Bill Summary
Possession of controlled substances unlawful; second or subsequent conviction; mandatory minimum. Provides that the sentence of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act for (i) a second offense within less than five years shall include a mandatory minimum sentence of 20 days and a mandatory minimum fine of $500; (ii) a second offense within 10 years shall include a mandatory minimum sentence of 45 days and a mandatory minimum fine of $500; (iii) a third offense within 10 years shall include a mandatory minimum sentence of 90 days and a mandatory minimum fine of $500, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of six months and a mandatory minimum fine of $1,000; and (iv) a fourth or subsequent offense within 10 years shall include a mandatory minimum sentence of one year and a mandatory minimum fine of $1,000. The bill also provides that the driver's license of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act (a) may be suspended for a period of up to 30 days for the first offense and (b) shall be suspended for a period of 30 days for a second or subsequent offense.
AI Summary
This bill amends the existing law on controlled substance possession by establishing escalating penalties for repeated offenses involving Schedule I or II controlled substances. Specifically, the bill introduces mandatory minimum sentences and fines for second, third, and subsequent offenses within a 10-year period. For a second offense within less than five years, offenders will receive a mandatory minimum of 20 days in jail and a $500 fine. A second offense within five to ten years carries a 45-day minimum sentence and $500 fine. A third offense within 10 years results in a 90-day minimum sentence and $500 fine, with a more severe penalty of six months and a $1,000 fine if the three offenses occur within five years. A fourth or subsequent offense within 10 years mandates a one-year minimum sentence and $1,000 fine. Additionally, the bill provides for driver's license suspension, allowing up to a 30-day suspension for a first offense and requiring a mandatory 30-day suspension for second or subsequent offenses. The bill maintains different classification levels for possession of controlled substances from Schedules III through VI, with varying misdemeanor levels based on the specific schedule of the substance. The fiscal impact statement estimates a potential net increase in imprisonment periods, with an estimated additional cost of $4,356,234 for state adult correctional facilities.
Committee Categories
Justice
Sponsors (1)
Last Action
Left in Courts of Justice (on 02/04/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://lis.virginia.gov/bill-details/20251/HB1848 |
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB1848) | https://lis.blob.core.windows.net/files/1017508.PDF |
BillText | https://lis.virginia.gov/bill-details/20251/HB1848/text/HB1848 |
Fiscal Note/Analysis - Impact statement from VCSC (HB1848) | https://lis.blob.core.windows.net/files/1014251.PDF |
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