Virginia Democrats are considering a dramatic shift in criminal sentencing under House Bill 863, prefiled on Jan. 13 by Delegate Rae C. Cousins.
The legislation would eliminate mandatory minimum sentences for over 35 offenses, including rape, child pornography production, firearm-related felonies, DUI manslaughter and repeat violent crimes.
If enacted, HB863 would allow judges to determine prison terms within statutory ranges rather than following fixed sentencing floors, granting unprecedented judicial discretion.
One of the most politically sensitive provisions is the proposed repeal of mandatory minimums under §18.2-53.1, which currently imposes a three-year minimum for first-time firearm use during a felony and five years for subsequent offenses.
HB863 would permit courts to impose sentences based on the facts of the case rather than statutory mandates, raising concerns about consistency, public safety and deterrence among law enforcement and prosecutors.
The bill also affects sexual offenses, including rape of children under 13 or when offenders are significantly older than their victims. Current law mandates 25 years to life for such convictions.
HB863 would maintain maximum penalties but allow judges to impose lighter sentences in select cases.
Mandatory minimums for child pornography production, ranging from five to fifteen years depending on the victim’s age, would also be removed, according to Shore News Network.
Supporters of the legislation argue that mandatory minimums often lead to disproportionate outcomes, preventing judges from weighing factors such as the defendant’s prior criminal history, role in the offense or potential for rehabilitation.
“Judges should be able to apply discretion within the law to ensure punishments are just and proportionate,” said one supporter familiar with HB863.
Opponents warn that eliminating mandatory minimums could weaken accountability for serious crimes and reduce deterrence, potentially endangering communities.
Prosecutors and law enforcement organizations are expected to scrutinize the bill closely as it progresses.
Critics note that mandatory minimums serve as an essential safeguard, ensuring uniform penalties for violent and sexual offenses and reflecting societal condemnation of heinous acts.
The proposal comes after Democrats regained full control of Virginia’s legislature in November, flipping the House of Delegates and expanding their Senate majority.
This political shift has opened the door to criminal justice initiatives that previously stalled under divided government, Off The Press notes.
HB863 is among the first major reforms the new majority is testing, making it a focal point for debates over public safety versus judicial discretion.
Supporters emphasize that the bill does not decriminalize offenses but allows courts greater flexibility to tailor sentences to individual circumstances.
Advocates argue the measure could lead to fairer outcomes, reduce prison overcrowding, and ensure the punishment fits the crime, while retaining strong maximum penalties for violent and sexual crimes.
HB863 has been prefiled and awaits committee referral.
If enacted, it would mark one of the most extensive rollbacks of mandatory minimum sentences in Virginia history, granting judges broad authority to determine punishments.
Legal analysts note that Virginia’s experience may serve as a blueprint for other states considering similar reforms, making the bill a test case for balancing judicial discretion with public safety concerns.
