Juvenile offenders; parole eligibility. (SB1152)

Introduced By

Sen. Dave Marsden (D-Burke)

Progress

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

Description

Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentence, or any person who has active sentences that total more than 20 years for a single or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentences, shall be eligible for parole. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/09/2017Prefiled and ordered printed; offered 01/11/17 17101174D
01/09/2017Referred to Committee on Rehabilitation and Social Services
01/13/2017Rereferred from Rehabilitation and Social Services (15-Y 0-N) (see vote tally)
01/13/2017Rereferred to Courts of Justice
01/27/2017Impact statement from DPB (SB1152)
01/30/2017Reported from Courts of Justice with substitute (10-Y 5-N) (see vote tally)
01/30/2017Committee substitute printed 17104965D-S1
01/31/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/01/2017Read second time
02/01/2017Reading of substitute waived
02/01/2017Committee substitute agreed to 17104965D-S1
02/01/2017Engrossed by Senate - committee substitute SB1152S1
02/02/2017Read third time and passed Senate (28-Y 12-N) (see vote tally)
02/06/2017Placed on Calendar
02/06/2017Read first time
02/06/2017Referred to Committee for Courts of Justice
02/08/2017Assigned Courts sub: Criminal Law
02/13/2017Impact statement from DPB (SB1152S1)
02/15/2017Subcommittee recommends laying on the table
02/21/2017Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 6 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

ROCKINGHAM COUNTY NOTED, THE DAY IS HOKIE DAY IN THE SENATE, AND HOKIE DAY ON IN THE CAPITOL. MR. PRESIDENT, WE HAVE WITH US MEMBERS OF THE STUDENT GOVERNMENT ASSOCIATION FROM VIRGINIA TECH IN THE GALLERY. THE STUDENT GOVERNMENT ASSOCIATION WAS FOUNDED IN 1966, AND THEY CELEBRATE THEIR 50th ANNIVERSARY LAST APRIL, IN 2016. THE STUDENT GOVERNMENT ASSOCIATION IS COMMITTED TO FACILITATING STUDENT ACTIVITIES, PROMOTING ACADEMIC FREEDOM AND ACADEMIC RESPONSIBILITY AND ACTING AS A LIAISON BETWEEN THE STUDENTS, THE FACULTY AND THE ADMINISTRATION. THE VIRGINIA TECH STUDENT GOVERNANCE ASSOCIATION, MR. PRESIDENT, IS COMMITTED TO FOSTERING AWARENESS OF STUDENTS' POSITIONS ON THE CAMPUS AND IN LOCAL, STATE AND NATIONAL COMMUNITIES, AND I CAN TELL YOU THEY DO AN OUTSTANDING JOB. SO MR. PRESIDENT, PLEASE JOIN ME IN CONGRATULATING AND WELCOMING MEMBERS OF THE VIRGINIA TECH STUDENT GOVERNMENT ASSOCIATION. THANK YOU, SENATOR. WOULD MEMBERS FROM THE VIRGINIA TECH STUDENT GOVERNMENT ASSOCIATION PLEASE RISE. THANK YOU ALL FOR BEING WITH US, AND GO HOKIES, RIGHT? YEAH. SO I WAS JUST OUT IN BLACKSBURG ON NEW YEAR'S EVE. I OFFICIATED A WEDDING. WHAT A BEAUTIFUL CAMPUS YOU HAVE THERE, AND BY THE WAY, IF ANYBODY IS INTERESTED IN GETTING MARRIED, I'M YOUR MAN. SO THINK OF THAT. BUT JUST ALL KINDS OF EDUCATIONAL OPPORTUNITIES THAT YOU HAVE AT VIRGINIA TECH. WE WISH YOU THE BEST IN YOUR EDUCATIONAL ENDEAVORS. I'D ASK THE MEMBERS OF THE SENATE TO PLEASE JOIN ME IN OFFERING MEMBERS FROM THE VIRGINIA TECH HOKIES THE WARM WELCOME OF THE SENATE. (APPLAUSE). THE SENIOR SENATOR FROM FAIRFAX, SENATOR SASLAW.

Sen. Dick Saslaw (D-Springfield): MR. PRESIDENT, MEMBERS OF THE SENATE, I WOULD HOPE, MR. PRESIDENT, YOU COULD EXTEND A WELCOME HERE TODAY TO A GROUP FROM NORTHERN VIRGINIA. IT'S THE NORTHERN VIRGINIA BLACK CHAMBER OF COMMERCE, AND I WOULD ASK THAT YOU EXTEND A WELCOME TO THEM TO THE SENATE OF VIRGINIA.

[Unknown]: I WILL, SENATOR. THANK YOU. WOULD MEMBERS FROM THE NORTHERN VIRGINIA BLACK CHAMBER OF COMMERCE PLEASE RISE. AND THANKS SO MUCH FOR YOUR PATIENCE FOR BEING WITH US TODAY. I ENJOYED MEETING WITH YOU THIS MORNING. JUST AS WE TALKED ABOUT IT, SMALL BUSINESSES ARE THE BACKBONE OF OUR ECONOMY IN VIRGINIA, AND SO WE APPRECIATE ALL THAT YOU DO TO CONTRIBUTE TO ECONOMIC DEVELOPMENT ACROSS THE COMMONWEALTH. I'D ASK THE MEMBERS OF THE SENATE TO PLEASE JOIN ME IN OFFERING MEMBERS FROM THE NORTHERN VIRGINIA BLACK CHAMBER OF COMMERCE THE WARM WELCOME OF THE SENATE. (APPLAUSE).

Sen. Dick Saslaw (D-Springfield): AND THERE MAY BE SOME OTHER GUESTS THAT WE HAVE NOT RECOGNIZED, BUT WE CERTAINLY WELCOME YOU TO OUR GALLERY TODAY. ARE THERE ANY OTHER -- IS THERE ANY OTHER BUSINESS FOR THE MORNING HOUR? SEEING NONE, THE CLERK WILL PLEASE CALL THE CALENDAR.

[Unknown]: SENATE CALENDAR FOR THURSDAY, FEBRUARY 2nd, 2017, UNCONTESTED CALENDAR SENATE BILLS ON THIRD READING. THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): GOOD EVENING, MR. PRESIDENT. I WOULD RESPECTFULLY MOVE THAT ALL THE SENATE BILLS ON THE FIRST READING -- CUES ME, ON THE THIRD READING ON THE UNCONTESTED CALENDAR, INCLUDING ALL SENATE BILLS ON PAGES 1 THROUGH 4, INCLUDING SENATE BILL 919 THROUGH SENATE BILL 1352 BE PLACED ON THEIR FINAL PASSAGE IN THE BLOCK. ANY SENATOR THAT DESIRES TO REMOVE A BILL IN THE BLOCK AND NOT PASS IT BY FOR THE DAY SHOULD PLEASE DO SO AFTER THE CLERK HAS READ THE NUMBER OF THAT BILL.

[Unknown]: THANK YOU, SENATOR. THE QUESTION, SHALL THE SENATE BILLS ON THE UNCONTESTED CALENDAR THIRD READING PAGES 1 THROUGH 4, SENATE BILL 919 THROUGH SENATE BILL 1352 BE PLACED UPON THEIR FINAL PASSAGE IN THE BLOCK WITH THE UNDERSTANDING THAT ANY SENATOR DESIRING A BILL REMOVED FROM THE BLOCK WILL DO SO AFTER THE CLERK HAS READ THE NUMBER OF THE BILL. ALL IN FAVOR OF THE MOTION WILL SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE MOTION IS AGREED TO. THE BILLS ARE BEFORE US IN THE BLOCK. THE CLERK WILL PLEASE READ THE NUMBER OF THE BILLS.

Sen. Tommy Norment (R-Williamsburg): NATIONAL BILL 919.

[Unknown]: THE SENATOR FROM ROANOKE CITY, SENATOR EDWARDS.

Sen. John Edwards (D-Roanoke): MR. PRESIDENT, WE HAVE A COUPLE OF FLOOR AMENDMENTS.

Del. Bill Howell (R-Fredericksburg): SENATOR, IF YOU COULD JUST PULL THAT OUT OF THE BLOCK, AND THEN WE'LL COME BACK TO IT, IF IT WOULD BE OKAY. WITHOUT OBJECTION, SENATE BILL 919 WILL COME OUT OF THE BLOCK.

Sen. John Edwards (D-Roanoke): SENATE BILL 940, SENATE BILL 890, SENATE BILL 927, SENATE BILL 1288, SENATE BILL 1305, SENATE BILL 1310, SENATE BILL 1333, SENATE BILL 1352.

Del. Bill Howell (R-Fredericksburg): THANK YOU, MADAM CLERK. THE QUESTION IS, SHALL THE BILLS IN THE BLOCK PASS. THAT IS ALL BILLS EXCEPT FOR 919 ON PAGE 1. ALL IN FAVOR OF THE PASSAGE OF THE BILLS WILL RECORD THEIR VOTES AYE. THOSE OPPOSED, NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE BILINGS IN THE BLOCK PASS. RETURNING TO PAGE 1, NATIONAL BILL 919, THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I HAVE TWO FLOOR AMENDMENTS. I'D LIKE TO WITHDRAW BOTH.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE SENATOR FROM ROANOKE CITY, WITHOUT OBJECTION, THE FLOOR AMENDMENTS WILL BE WITHDRAWN. THE SENATOR FROM ROANOKE CITY.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I HAVE FIVE FLOOR AMENDMENTS THAT HAVE BEEN DISTRIBUTED, AND I WOULD ASK THAT WE WAIVE THE READING OF THESE.

[Unknown]: SENATOR, WE'RE GOING TO NEED TO GO BACK TO THE SECOND READING, IF WE CAN. ALL RIGHT. I MOVE THAT WE SUSPEND THE RULES AND TO RECONSIDERING THE ENGROSSMENT AND PASSAGE TO THE THIRD READING, THE SENATE BILL 919.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR.

Comments

Lindsay Michie writes:

This bill is extremely important - there are many family members of prisoners and concerned citizens who are closely watching the progress of this bill. They are ready to make their voices heard depending on the outcome. It apparently would be against federal law to continue to hold juvenile offenders without proper parole.

William Stout writes:

There have been a series of U.S. Supreme Court decision leading up to juvenile life without parole being declared both unconstitutional and cruel. Mandatory sentencing has already been struck down and the appellate courts are making their way toward striking them all down, and for good reason.

Children are different. There are virtually none of us that could not have been arrested and convicted for the things that we did as children. That is why we separated our justice systems along adult and juvenile lines, but in the 1990's that changed. We began to treat kids as adults and sentenced them as adults and that is an injustice in and of itself.

You cannot freeze someone in time and expect that they will never change. But that is exactly what life without parole is for a child. We expect that the juvenile offender will remain the same until they grow old and die. We also deny that they possess the massive capacity to grow and mature over the years despite a mountain of evidence that proves that they do.

This is not a Democrat or Republican issue. It is an issue of right and wrong and it illuminates the very heart of our society. And so I ask, have we grown so cold and calloused that we can no longer even forgive our own children for their wrongs? Is our thirst for vengeance so overwhelming that we are willing to just toss them into the waste bin of humanity and forget that they ever existed? Can we not forgive a heart that has grown and matured and truly changed?

There are children who have done what we have asked of all that we commit to our prisons. They have changed their hearts, they have grown as human beings, and they have matured into adults that see the world very differently than when they were children. And yet they rot behind bars with no hope of ever being free again. As one woman has said, "I understand the legality of it, but I don't understand the inhumanity of it." To her sentiment, I add a quote from Abraham Lincoln who once said, "I have found that mercy bears richer fruits than strict justice."

I believe that sentencing children to die in prison speaks more about our own hearts than it does about theirs because it means that we cannot even forgive our own progeny. This measure is worthy of a righteous and just people that believes in forgiveness and mercy. We went too far in sentencing children to die behind bars and it is now time to correct that mistake.

Victoria writes:

Thank GOD this bill passed.
Everyone makes mistakes as children but it isn't fair that they spend the rest of their lives in prison.
If they have learned and rehabilitated themselves for what they did wrong then I say give them a second chance at society.

Vivian Loar writes:

Please everyone write to your senators and please ask for the support to keep this bill moving! This effects my son, who is doing JLWOP and we need this to pass all the way through the House Committee! At least let them have a chance at Parole one day!

Wayne Moyer writes:

Yes--this bill rights a moral defect in Virginia's laws and should be enacted.

Dino Lyles writes:

I thank the bill 1152 is a really good idea they lose their juvenile life most of them have 2 or 3 trades they GED and maybe college or they in college i thank anything over 15 or 20 years to much for juvenile penitentiary got juvenile been in penitentiary since their was 13 or 14 and now they 30 or 35 thank you for passing the bill 1152

Pauline Fitzgerald writes:

These young people do not need to spend so many years in prison. They have been incarcerated since their teenage years, it has to a better way to rehabilitate these children.