Virginia Democrats Push Bill to Eliminate Mandatory Minimum Sentences for Rape, Manslaughter, Child Pornography, and Other Violent Crimes

Virginia Democrats have introduced House Bill 863 (HB 863), which seeks to remove mandatory minimum prison sentences for a slew of serious offenses, including rape, manslaughter, child pornography possession and distribution, assault on law enforcement officers, and repeat violent felonies.

The bill, sponsored by Democrat Delegate Rae Cousins, was filed shortly after the new Democrat-controlled General Assembly convened under Governor Abigail Spanberger.

The legislation amends over 30 sections of the Virginia Code, striking language that imposes mandatory minimum sentences for these crimes.

For example, under current law, rape carries a mandatory minimum in cases involving minors or certain aggravating factors, such as life imprisonment for raping a child under 13 if the offender is over 18. HB 863 would eliminate these floors, allowing judges full discretion to impose sentences as low as probation or suspended time, while keeping maximum penalties intact.

Similar changes were made to the laws regarding forcible sodomy, object sexual penetration, aggravated involuntary manslaughter, and child pornography offenses.

Supporters of the changes argue that the bill promotes “fairer outcomes” by ending “one-size-fits-all” sentencing and giving judges greater flexibility in individual cases.

Critics, however, warn that the changes could endanger public safety by allowing violent offenders back on the streets sooner.

Josh Ederheimer, a retired law enforcement officer and assistant professor at the University of Virginia’s Center for Public Safety and Justice, told Fox News that eliminating minimums raises concerns about re-offending, especially in violent felonies. 4

“From a law enforcement standpoint, I think police generally want offenders to be held accountable, and frustration among law enforcement officers grows when individuals are released quickly and subsequently re-offend,” Ederheimer said.

“I think that the police and public alike have expectations that convicted criminals will be held accountable, and that full sentences should be served,” Ederheimer added. “Mandatory minimums assure victims – and the community – that a convicted person will serve their sentence.”

Of course, there is also a major concern that those who receive a slap on the wrist will have no incentive not to reoffend.

“For violent felonies, however, the biggest practical concern is that the defendant will re-offend, and that the public is not alerted or aware that the defendant has returned to the community. It’s an accountability concern that falls on the shoulders of judges and prosecutors.”

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