In 1964, the Virginia Advisory Legislative Council was requested by Governor Albertis S. Harrison, Jr., among other things, to consider "a revision of the Virginia Recidivist Statute." The Council in its report to the Governor and General Assembly in 1966 stated:

"In regard to the recidivist statutes, further study should be made of the system of sentencing in the State and of other relevant matters to determine whether the recidivist statutes should be repealed or further amended. We recommend that a resolution be presented to the 1966 Session of the General Assembly to continue the study of the problems of fixing punishment in criminal cases and of post-conviction proceedings generally, with the thought of possible changes in dealing with habitual criminals. This is a very involved matter and all matters relating to these questions should be included in this study."

As a result, the 1966 General Assembly passed Senate Joint Resolution No. 13.

The Council selected Garnett S. Moore, Pulaski, member of the House of Delegates and of the Council, to be Chairman of the Committee to continue this study and report to the Council. Mr. Moore selected the following to serve with him on this Committee: Russell M. Carneal, member of the House of Delegates and a practicing attorney, Williamsburg; Joseph Curtis, Dean, Marshall-Wythe School of Law, College of William and Mary, Williamsburg; Ernest H. Dervishian, a practicing attorney, Richmond; Robert C. Fitzgerald, member of the Senate and a practicing attorney, Fairfax; J. Segar Gravatt, county judge and a practicing attorney, Blackstone; William J. Hassan, Commonwealth's Attorney, Arlington; E. W. Hening, Jr., Judge, Tenth Judicial Circuit, Richmond; Sterling Hutcheson, retired Judge of the United States District Court, Boydton; Ligon L. Jones, Judge, Third Judicial Circuit, Hopewell; Robert C. Nusbaum, a practicing attorney, Norfolk; A. L. Philpott, member of the House of Delegates and a practicing attorney, Bassett; and C. Stuart Wheatley, a practicing attorney, Danville.

At the organizational meeting A. L. Philpott was elected Vice-Chairman. G. M. Lapsley and Frank R. Dunham served as Secretary and Recording Secretary, respectively, to the Committee.

The Committee made a thorough study of the recidivist statute and considered many possible amendments. The most frequently made suggestion was to repeal the present recidivist statute and make sentencing of convicted felons a sole function of the trial judge. This was thoroughly explored; and to gather as much information as possible on the entire subject; public hearings were held in Roanoke, Alexandria and Norfolk. At these meetings, members of the judiciary and of the bar were present and expressed their views.

After a thorough study of the matters referred to it, the Committee filed an unanimous Report with the Council. The Council, after careful consideration of this Report, now presents its findings and makes the following recommendations.