SD4 - Punishment for Misdemeanants
Executive Summary: This Commission was created by Senate Joint Resolution No. 71, prepared by the Office of Attorney General, in anticipation of the decision of the Supreme Court of the United States in Argersinger v. Hamlin, 407 U.S. 25 (1972). The Commission first met on April 18, 1972, at which time Senator Parkerson was elected Chairman and Deputy Attorney General of Virginia, Reno S. Harp, III, was elected Secretary. The Commission asked the Attorney General's Office to prepare an analysis of those statutes of the Code imposing a misdemeanor penalty. The initial review of the Code of Virginia by members of the staff of the Attorney General revealed that there were some 1156 statutes imposing misdemeanor penalties contained in the Code of Virginia and an analysis of the same was furnished the Commission on June 1, 1972, by the Secretary. On June 12, 1972, the Supreme Court of the United States decided Argersinger v. Hamlin, 407 U.S. 25 (1972), which held that an individual may not be deprived of his liberty as a result of any prosecution for a misdemeanor at which he was denied the assistance of counsel. This particular case involved an indigent who was tried for an offense punishable by imprisonment up to six months and a $1000 fine, or both, and given a 90-day jail sentence. The Supreme Court concluded that failure to appoint counsel constitutes reversible error. Copies of this decision were immediately furnished to members of this Commission by the Secretary and a meeting was held on June 15, 1972, at which time the Commission reviewed all of the misdemeanor penalties imposed by law. in effort to determine what should be the appropriate range of punishment. A tentative report was prepared in July and ";he Commission met again on October 18, 1972, to prepare its final report. The Commission decided to adopt five categories of misdemeanor penalties which are set forth in the table below: Grade A Not to exceed 12 months jail and/or: $1000 It was felt after careful consideration that, inasmuch as the Virginia Code Commission had decided in principle to adopt a similar type of categorization, this approach should be taken in order to obviate further revision by the Code Commission in its recodification of Titles 18.1 and 19.1. Attached hereto is a compilation of each misdemeanor statute contained in the Code of Virginia with its present penalty and the category recommended by the Commission. The bills to carry out the recommendations of this Commission will be introduced at the 1973 Session of the General Assembly. It should be noted that the recommended categories represent the consensus of the majority of the Commission, and do not necessarily reflect the opinion of each member in every instance. In addition the Commission felt it necessary that the Code be amended to provide for the appointment and payment of counsel appointed to represent indigents charged with a misdemeanor offense. It is well settled, of course, that the court has the inherent power to appoint counsel, but no statutory power now exists to provide for the payment of counsel appointed to represent misdemeanants except in juvenile cases pursuant to § 16.1-178. The Commonwealth would be responsible for their payment only when she institutes the prosecution, while the localities would bear these costs in cases where municipal ordinances are involved. A bill to carry out this recommendation of the Commission is filed with this report. The Commission wishes to express its particular appreciation to its Secretary, Deputy Attorney General, Reno S. Harp, III, Assistant Attorney General Vann H. Lefcoe, Assistant Attorney General, Linwood T. Wells, Jr. and John B. Boatwright, Jr., Director, Division of Statutory Research and Drafting, for their assistance in this most difficult project. Respectfully submitted, William F. Parkerson, Jr., Chairman |
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