Bill Text: VA SB528 | 2024 | Regular Session | Prefiled
Bill Title: Crimes; offenses against the sovereignty of the Commonwealth, unfaithful delegates to a convention.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-24 - Passed by indefinitely in Courts of Justice (9-Y 6-N) [SB528 Detail]
Download: Virginia-2024-SB528-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 11 of Title 18.2 a section numbered 18.2-485.1 as follows:
§18.2-485.1. Unfaithful delegates to a convention for proposing amendments held under Article V of the Constitution of the United States; penalties.
A. As used in this section:
"Commission" means the resolution or other measure adopted by the General Assembly that sets forth the names of the appointed delegates, the scope of their authority, and other instructions.
"Delegate" means a person selected by resolution of the General Assembly to represent the Commonwealth at a convention for proposing amendments held under Article V of the Constitution of the United States.
"Interim delegate" means a person selected to fill a vacancy in the delegation set forth in the commission.
B. A delegate or interim delegate to a convention for proposing amendments held under Article V of the Constitution of the United States shall not vote or otherwise act beyond the authority granted in his commission, as altered by any duly issued subsequent instructions provided before the vote or other action takes place. A delegate or interim delegate who exceeds the scope of his authority is guilty of a Class 5 felony.
C. Any individual who knowingly bribes, threatens, intimidates, or unlawfully obstructs or attempts to bribe, threaten, intimidate, or unlawfully obstruct in the performance of his duties any delegate or interim delegate from the Commonwealth or any other state that is a party to a convention for proposing amendments held under Article V of the Constitution of the United States is guilty of a Class 5 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1 of the Acts of Assembly of 2023, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
