Release Date: Wednesday, July 22, 2009 4:45 p.m.
Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach and Delegate Sal Iaquinto, member of the House of Delegates (R–84th District) from Virginia Beach announced today that Delegate Iaquinto will sponsor a bill in the 2010 legislative session adding the crime of terrorism to specified crimes of violence committed by juveniles 14 years or older.
“Under current law” Bryant explained, “if a prosecutor wants to try a juvenile as an adult for crimes of terrorism, there must be what is called a ‘transfer hearing’ in which a large number of factors must be considered by the Court before making a decision to transfer the juvenile to Circuit Court for trial as an adult. Much of the procedural requirements required in today’s hearing to have a juvenile transferred to Circuit Court on charges of manufacturing or possessing weapons of terrorism will be unnecessary upon the passage of Delegate Iaquinto’s legislation” Bryant said.
The proposed legislation will add Virginia Code §18.2-46.5, Committing, conspiring and aiding/abetting acts of terrorism and §18.2-46.6, Possession, manufacture, and distribution of weapons of terrorism, to the list of specified serious violent crimes for which juveniles may be certified for trial as an adult under current law.
The advantages to the criminal justice system and to public safety of this amendment to the statute, which already includes such crimes as murder, rape, robbery, malicious wounding, assault by a mob, and carjacking are numerous:
- No transfer report will have to be prepared by the Juvenile Probation Office.
- A Juvenile Court will only have to decide if there is probable cause that the crimes of terrorism have been committed in order to certify the juvenile to Circuit Court.
- The Commonwealth’s Attorney will be able to present an indictment against a juvenile to a grand jury without waiting for permission from the Circuit Court, which will have to be done in the current case.
- Under current law and in today’s case, the defendant can appeal to Circuit Court the decision of the Juvenile Court “transferring” his case to the Circuit Court. Delegate Iaquinto’s amendment will eliminate that process in these serious violent felonies.
- Sentencing options for a juvenile convicted as an adult of terrorism will be more limited than under the current law that will apply to the case that was “transferred” to Circuit Court today.
“Delegate Iaquinto has been very concerned that public safety agencies have the tools and procedures needed to respond to this threat against the safety of our schools and the students and faculty who attend them,” Bryant said. “When I suggested that this particular statute needed to be amended to place terrorism alongside the serious violent crimes already listed, he readily agreed to sponsor such legislation. On behalf of the citizens of the City of Virginia Beach, and everyone across the state of Virginia, I express my appreciation to Delegate Iaquinto for once again coming forward to sponsor legislation that will strengthen the tools available to law enforcement. All of us, of course, hope that this amended statute will never have to be used. On the other hand, as always, we must be both realistic and ready,” Bryant concluded.
Commonwealth’s Attorney Harvey Bryant also announced that a 16 year old co-defendant, who was 15 at the time of the offenses, entered pleas of guilty today in Juvenile Court to charges of Possessing a Sawed-off Shotgun, and Manufacturing and Possession of Weapons of Terrorism. That juvenile will be sentenced following the preparation of a background report by the Juvenile Probation Office.
Please contact Amanda Herman if additional information is desired.
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