Connect with us

Local News

Virginia lawmakers advance bills eliminating mandatory minimums

Published

on

Lawmakers in both chambers of the General Assembly advanced criminal justice reform measures that would eliminate mandatory minimums in favor of allowing judges more sentencing discretion.

Senate Bill 1443, introduced by Sen. John S. Edwards, D-Roanoke, narrowly passed Friday on a 21-17 vote.

The bill proposes to eliminate mandatory minimum prison sentences in Virginia for various crimes, including aggravated involuntary manslaughter, child pornography, and violating a protective order for abuse victims. The legislation does not include Class 1 felonies such as willful and deliberate murder.

Lawmakers in support of the bill emphasized that judges should be trusted to deliver the appropriate sentences without utilizing a sentencing policy that they say has been abused. Critics said the bill dismantled the criminal justice policies in place after years of deliberation.

Sen. Scott Surovell, D-Fairfax, said during the bill’s committee hearing last month that mandatory minimum charges have proliferated like “crazy” during his two decades as an attorney, especially for DUIs.

“People pay a lot of money to stay out of jail,” Surovell said.

He added that mandatory minimums force people who have legitimate defenses to plead guilty because the consequences of losing are too great. Surovell also said juries aren’t informed of mandatory minimums before they issue sentencing recommendations.

Under the Senate bill, crimes such as DUI charges or illegal gun possession by a felon also would have mandatory minimums removed.

The nonprofit Washington Regional Alcohol Program, or WRAP, worries that the bill lessens penalties for egregious drunk drivers. The current bill eliminates mandatory minimum sentences for repeat offenders and those with high blood alcohol concentration. The organization requested the bill be amended, but it was not.

“I don’t know if people really recognize the disproportionate carnage that these two types of drunk drivers are responsible for, both in Virginia and nationally,” WRAP CEO Kurt Erickson said in an interview. He said those examples “are not the standard DUI offenses.”

Mothers Against Drunk Driving is also opposed to the bill. The organization said shorter sentences won’t adequately punish drunk drivers for their actions.

Tinsae Gabriel, deputy policy director for Families Against Mandatory Minimums, said criminologists have long made it clear that it is the certainty of being caught and punished quickly and not the severity of the mandatory sentence that deters crime.

“I also want to emphasize that repealing mandatory sentences does not mean people go without accountability,” she said. “What it means is that judges who are selected by the General Assembly and who are informed by guidelines would be able to consider all relevant facts and circumstances about a case before they impose an appropriate sentence, instead of a ‘one size fits all’ punishment.”

The Virginia Sexual and Domestic Violence Action Alliance’s policy director Jonathan Yglesias echoed similar support. Yglesias said mandatory minimums provide “little real safety for victims or true accountability for offenders.”

Yglesias said he thinks the bill is timely also, given that domestic and sexual violence cases have occurred “far more often” since the pandemic. Erickson said, however, that Virginia’s drunk driving fatalities also rose from 249 to 253 last year, even with fewer people on the roads.

The Senate bill directs the secretary of Public Safety and Homeland Security to create a workgroup composed of lawyers, correction officials, and other stakeholders to study the feasibility of resentencing persons who previously received a mandatory minimum sentence. The report is due in November.

The House advanced its version Friday with less debate on a 58-42 vote. Introduced by Del. Michael P. Mullin, D-Newport News, House Bill 2331 also eliminates mandatory minimums for many crimes.

The bill establishes sentence lengths for the second-offense of drug trafficking. The second offense would be not less than 10 years but no more than 40 years. The bill eliminated the requirement that the second offense be served consecutively with any other sentence.

The House measure will allow eligible persons still serving a mandatory minimum for certain felony convictions to petition the court for a sentence reduction.

Now the bills head to other chambers where the differences will be resolved. Surovell cited a report that estimates eliminating mandatory minimums could save taxpayers $80 million every five years.

By Aaron Royce
Capital News Service

Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

Front Royal, VA
57°
Rain
7:04 am7:03 pm EDT
Feels like: 57°F
Wind: 6mph NNW
Humidity: 78%
Pressure: 29.91"Hg
UV index: 0
SunMonTue
68°F / 59°F
70°F / 59°F
75°F / 57°F
Local News10 hours ago

VDOT: Warren County Traffic Alert for September 28 – October 2, 2026

State News21 hours ago

Virginia Health Committee Considers Mandating Licensed Nurses in Every School

State News21 hours ago

After Obama-Era Chesapeake Bay Executive Order Rescinded, Environmental Groups Brace for Fallout

State News21 hours ago

Federal Judge Strikes Down SNAP Deadline That Put Virginia at Risk of Added Costs

Community Events1 day ago

Children Activities by Samuels Public Library for the Month of October

Local News1 day ago

 $5,000 Match Challenge to Support Warren County Children on Give Like Dolly Day

Crime/Court1 day ago

October 23rd Set for Post-Discovery Motions Hearing in Bradley Treece Gunfire Incident With Neighbors

Local News1 day ago

Virginia State Police Seize More Than $1 Million in Drugs During Weeklong Operations

Obituaries1 day ago

Jolissa Steele Shifflett Mathews (1944 – 2026)

State News1 day ago

False Birth Control Claims are Proliferating, Survey Says

Business Growth Series1 day ago

Business Growth Series: Your Work Environment Is Affecting Your Growth

Interesting Things to Know2 days ago

Frog Hunting Offers Virginians a Different Kind of Outdoor Adventure

Real Estate2 days ago

How the Tech Bros Shop for a House

Local Government2 days ago

County Supervisors Fill Vacant Planning Commission Seat, Look to Future on Processes and Capital Improvements

Historically Speaking2 days ago

America 250: ‘I Only Regret That I Have but One Life to Lose for My Country’

Jefferson Forum2 days ago

Building Gas Plants More Important Than Dominion Sale, Data Center Politics

LifeSavor3 days ago

Home Inspectors Help Buyers and Sellers Understand a Property’s Condition

Interesting Things to Know3 days ago

Bowling Together: Why Work Is More Than a Paycheck

Community Events3 days ago

This Week’s Showtimes at Royal Cinemas as of September 24th

report logo
Arrest Logs3 days ago

POLICE: 7 Day FRPD Arrest Report 9/21/2026

Local News3 days ago

Blue Ridge Wildlife Center Patient of the Week: Eastern Cottontail

Local News3 days ago

UVA Health Review Examines Real-World Results of Incisionless Liver Tumor Treatment

Obituaries3 days ago

Maximilian James Donora (1995 – 2026)

Community Events3 days ago

Dollars for Dolly Campaign Aims to Turn Small Gifts Into Big Community Impact

State News3 days ago

Clean Virginia: NextEra’s Utility Takeover Attempts, Alleged Political Moves Relevant to Merger Case