Misdemeanors; appointment of counsel, imposition of penalty of incarceration in certain cases. (HB1394)

Introduced By

Del. Bill Cleaveland (R-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Appointment of counsel; imposition of penalty of incarceration in certain misdemeanor cases.  Provides that if a criminal charge against an accused is a misdemeanor or in a class of misdemeanors the penalty for which may be incarceration, a penalty of incarceration may be imposed and an attorney appointed by a court in the case of indigence if the prosecuting attorney advises the court that incarceration remains an option in such class of cases, or in the instant case. The bill also provides that if the prosecuting attorney advises the court that he waives the option of the imposition of a sentence of incarceration in such case or class of cases, the court shall try the case without appointing counsel, and in such event no sentence of incarceration shall be imposed. Read the Bill »


03/12/2010: Failed to Pass in Committee


02/24/2010Introduced at the request of Governor
02/24/2010Presented and ordered printed 10105541D
02/24/2010Referred to Committee for Courts of Justice
02/25/2010Assigned Courts sub: #1 Criminal
03/03/2010Reported from Courts of Justice with substitute (14-Y 5-N) (see vote tally)
03/03/2010Committee substitute printed 10105748D-H1
03/03/2010Referred to Committee on Appropriations
03/04/2010Assigned App. sub: General Government
03/08/2010Subcommittee recommends reporting (7-Y 0-N)
03/08/2010Reported from Appropriations (21-Y 0-N) (see vote tally)
03/09/2010Read first time
03/10/2010Read second time
03/10/2010Committee substitute agreed to 10105748D-H1
03/10/2010Passed by for the day
03/11/2010Read second time
03/11/2010Pending question ordered
03/11/2010Engrossed by House - committee substitute HB1394H1
03/11/2010Constitutional reading dispensed (84-Y 14-N)
03/11/2010VOTE: --- AGREE TO (84-Y 14-N) (see vote tally)
03/11/2010Passed House (54-Y 40-N 3-A)
03/11/2010VOTE: --- PASSAGE (54-Y 40-N 3-A) (see vote tally)
03/11/2010Impact statement from DPB (HB1394H1)
03/11/2010Constitutional reading dispensed
03/11/2010Referred to Committee for Courts of Justice
03/12/2010Passed by indefinitely in Courts of Justice (8-Y 4-N) (see vote tally)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 20 clips in all, totaling 17 minutes.