Juvenile offenders; punishment for conviction of certain felonies. (SB809)

Introduced By

Sen. Dave Marsden (D-Burke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Juvenile offenders; sentence modification. Requires a sentencing hearing for persons convicted of a crime committed when a juvenile for which the only available punishment is a life sentence and provides that the punishment is a Class 2 felony (20 years to life). This bill is in response to Miller v. Alabama (567 U.S.___, 2012) where the United States Supreme Court held that the Eighth Amendment prohibits a sentencing scheme that requires life in prison without the possibility of parole for juvenile homicide offenders. Read the Bill »


Bill Has Failed


12/20/2012Prefiled and ordered printed; offered 01/09/13 13100737D
12/20/2012Referred to Committee for Courts of Justice
01/30/2013Reported from Courts of Justice with substitute (12-Y 3-N) (see vote tally)
01/30/2013Committee substitute printed 13104571D-S1
02/01/2013Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2013Read second time
02/04/2013Reading of substitute waived
02/04/2013Committee substitute agreed to 13104571D-S1
02/04/2013Engrossed by Senate - committee substitute SB809S1
02/04/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/04/2013Passed Senate (32-Y 8-N) (see vote tally)
02/06/2013Placed on Calendar
02/06/2013Read first time
02/06/2013Referred to Committee for Courts of Justice
02/12/2013Assigned Courts sub: #1 Criminal
02/13/2013Subcommittee failed to recommend reporting (3-Y 5-N)
02/18/2013Left in Courts of Justice


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.


ACLU-VA Juvenile Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia supports legislation that permits individuals that were convicted of crimes while they were juveniles and harshly sentenced to have meaningful opportunities for modification of their sentences. Juvenile offenders must be held accountable for their crimes, but in a way that takes contemplates their incomplete brain development at the time the crimes were committed and takes advantage of their unique potential for rehabilitation and reentry.