Virginia Democrats Push Bill to Eliminate Mandatory Minimum Sentences for Rape, Manslaughter, Child Pornography and Other Violent Crimes | The Gateway Expert | by Cassandra MacDonald

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

The bill, sponsored by Democrat Rep. Rae Cousins, was introduced shortly after the new Democrat-controlled General Assembly under Gov. Abigail Spanberger convened.

The legislation changes more than 30 sections of the Virginia Code, including striking language that imposes mandatory minimum sentences for these crimes.

For example, under current law there is a mandatory minimum for rape in cases involving minors or certain aggravating factors, such as life imprisonment for raping a child under 13 if the perpetrator is over 18. HB 863 would eliminate these minimum sentences, giving judges complete discretion to impose sentences as low as probation or probation, while leaving the maximum sentences intact.

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

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

However, critics warn the changes could jeopardize public safety by allowing violent offenders to return to the streets more quickly.

Josh Ederheimer, a retired law enforcement officer and assistant professor at the University of Virginia’s Center for Public Safety and Justice, said Fox News that the abolition of minimums raises concerns about recidivism, especially for violent crimes. 4

“From a law enforcement perspective, I think police generally want offenders to be held accountable, and frustration grows among law enforcement officers when individuals are quickly released and then reoffend,” Ederheimer said.

“I think there is an expectation from both police and the public that convicted criminals will be held accountable and that full sentences should be served,” Ederheimer added. “Mandatory minimum standards assure victims – and the community – that a convicted person will serve his or her sentence.”

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

“For violent crimes, however, the biggest practical concern is that the suspect will reoffend, and that the public is not warned or aware that the suspect has returned to the community. It is an issue of responsibility that falls on the shoulders of judges and prosecutors.”