New sentencing hearing; abolition of parole. (SB223)

Introduced By

Sen. Don McEachin (D-Richmond) with support from 11 copatrons, whose average partisan position is:

Those copatrons are Del. Lamont Bagby (D-Richmond), Del. Steve Heretick (D-Portsmouth), Del. Patrick Hope (D-Arlington), Del. Delores McQuinn (D-Richmond), Del. Ken Plum (D-Reston), Del. Marcus Simon (D-Falls Church), Sen. Jennifer Boysko (D-Herndon), Sen. John Edwards (D-Roanoke), Sen. Mamie Locke (D-Hampton), Sen. Jennifer McClellan (D-Richmond), Sen. Dick Saslaw (D-Springfield)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

New sentencing hearing; abolition of parole. Provides that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed prior to the time that the abolition of parole went into effect (January 1, 1995) is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that such person shall file a petition for a new sentencing proceeding with the Court of Appeals, which shall direct the circuit court in which the order of conviction was originally entered to empanel a new jury for the purposes of conducting the new sentencing proceeding and notify the appropriate attorney for the Commonwealth. The bill also provides that if the attorney for the Commonwealth and the person filing the petition agree, such person may waive his right to a new sentencing proceeding and allow the court to fix punishment. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/05/2016Prefiled and ordered printed; offered 01/13/16 16102222D
01/05/2016Referred to Committee for Courts of Justice
01/27/2016Impact statement from DPB (SB223)
02/01/2016Failed to report (defeated) in Courts of Justice (6-Y 8-N) (see vote tally)

Comments

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

The ACLU of Virginia supports this bill.