New sentencing hearing; abolition of parole. (SB825)

Introduced By

Sen. Jennifer Wexton (D-Leesburg) with support from co-patron Sen. Jennifer McClellan (D-Richmond)

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 purpose 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
11/09/2016Prefiled and ordered printed; offered 01/11/17 17100601D
11/09/2016Referred to Committee for Courts of Justice
01/23/2017Reported from Courts of Justice with amendments (9-Y 6-N) (see vote tally)
01/24/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/25/2017Impact statement from DPB (SB825)
01/25/2017Read second time
01/25/2017Reading of amendments waived
01/25/2017Committee amendments agreed to
01/25/2017Amendments by Senator Wexton agreed to
01/25/2017Engrossed by Senate as amended SB825E
01/25/2017Printed as engrossed 17100601D-E
01/26/2017Read third time and passed Senate (22-Y 18-N) (see vote tally)
01/31/2017Placed on Calendar
01/31/2017Read first time
01/31/2017Referred to Committee for Courts of Justice
02/03/2017Impact statement from DPB (SB825E)
02/08/2017Assigned Courts sub: Criminal Law
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.

WIFE KELLY MCCLURE THE WARM WELCOME OF THE SENATE. (APPLAUSE). THE SENATOR FROM PETERSBURG, SENATORS DANCE. THANK YOU, MR. PRESIDENT, I RISE FOR TWO INTRODUCTIONS. SENATOR HAS THE FLOOR. MR. PRESIDENT, IN THE GALLERY TODAY, WE HAVE MEMBERS OF THE VIRGINIA AFFILIATE OF THE AMERICAN COLLEGE OF NURSE MIDWIVES. NURSE MIDWIVES ARE REGISTERED NURSES WITH TWO YEARS OF GRADUATE EDUCATION AT ACCREDITED SCHOOLS, CORE COMPETENCIES OF NURSE MIDWIFERY PRACTICE MUST BE MET PRIOR TO TAKING A NATIONAL CERTIFICATION EXAM. CERTIFICATION BY THE AMERICAN MIDWIFE RECERTIFICATION BOARD IS REQUIRED PRIOR TO LICENSURE IN VIRGINIA. IN 2010, THERE WERE 102,147 BIRTHS IN VIRGINIA AND 7.22% OF THOSE WERE BY CERTIFIED NURSE OVER 85% OF CERTIFIED NURSE MIDWIVES. MIDWIVES ARE EMPLOYED BY PHYSICIANS IN THEIR PRACTICES. MR. PRESIDENT, I WOULD ASK THAT THE SENATE GIVE THEM A WARM SENATE WELCOME. THANK YOU, SENATOR. WOULD MEMBERS FROM THE VIRGINIA AFFILIATE OF AMERICAN COLLEGE OF NURSE MIDWIVES PLEASE RISE. Y'ALL ARE WELL REPRESENTED TODAY. WHO IS DELIVERING THE BABIES WHILE Y'ALL ARE HERE? WE APPRECIATE YOU BEING HERE TODAY TO ADVOCATE FOR WHAT YOU WORK FOR EVERY DAY, AND WE THANK YOU FOR ALL THE WORK THAT YOU DO ACROSS THE COMMONWEALTH. JUST SO YOU KNOW, A MIDWIFE DELIVERED ONE OF OUR CHILDREN, AND IT WAS A GREAT EXPERIENCE, SO WE APPRECIATE ALL YOUR GOOD WORK AND THANKS FOR BEING HERE. I'D ASK THE MEMBERS OF THE SENATE TO PLEASE JOIN ME IN OFFERING THE MIDWIVES THE WARM WELCOME OF THE SENATE. (APPLAUSE). THE SENATOR FROM PETERSBURG. THANK YOU, MR. PRESIDENT. IN THE GALLERY ALSO TODAY, WE HAVE MRS. JULIAN COD. IN 2016, MS. COD WAS RECOGNIZED AS A VIRGINIA LOTTERY SUPER TEACHER. SHE IS AN EIGHTH GRADE EARTH AND PHYSICAL SCIENCE TEACHER AT RICHMOND'S TC MIDDLE SCHOOL. SHE WAS RECOGNIZED FOR HER DEDICATION TO MAKING SCIENCE HANDS-ON AND REALISTIC FOR HER STUDENTS. HER DEDICATION DOESN'T END AT THE SCHOOL BELL. SHE SPENDS COUNTLESS HOURS ENGAGED IN AFTER SCHOOL PROGRAMS WITH HER STUDENTS. I WAS SO HONORED TO HAVE AN OPPORTUNITY TO MEET WITH HER BRIEFLY BEFORE COMING TO ASSEMBLY TODAY, BUT MR. PRESIDENT, ON BEHALF OF THE JUNIOR AND SENIOR CITIZENS OF RICHMOND CITY AND I, WE ASK THAT YOU GIVE THEM A WARM SENATE WELCOME. THANK YOU, SENATOR. WOULD JULY -- JULIAN COD AND PAULA OTTO PLEASE RIGHT. WELCOME TO THE GALLERY, THANKS FOR ALL THE GREAT WORK AND BEING A WONDERFUL TEACHER AND MAKING SURE THAT OUR CHILDREN HAVE ACCESS TO A WORLD CLASS EDUCATION. WE APPRECIATE THAT. SENATE TO PLEASE JOIN ME IN I'D ASK THE MEMBERS OF THE OFFERING MS. JULIAN COD AND PAULA OTTO THE WARM WELCOME OF THE SENATE. (APPLAUSE). THE SENATOR FROM ACCOMACK COUNTY, SENATOR LEWIS. MR. PRESIDENT, RISE FOR THE PURPOSE OF AN INTRODUCTION THE SENATOR HAS THE FLOOR. VISITING WITH US IN THE GALLERY TODAY IS DR. NOEL GABRIEL. NOEL IS THE VICE CHAIRMAN OF THE NORFOLK SCHOOL BOARD, HAVING BEEN BEEN APPOINTED OF A MEMBER OF THE SCHOOL BOARD AND WINNING REELECTION. IN ADDITION TO HER BUSY PROFESSIONAL LIFE AS A PHYSICIAN, NOEL IS DOING WORK IN THE CALL OF ADVANCING PUBLIC EDUCATION ON THE NORFOLK SCHOOL BOARD. I'M PLEASED TO HAVE HER WITH US, AND SHE'S ACCOMPANIED BY HER BROTHER-IN-LAW NATE. I HOPE THE BODY WOULD GIVE HER A WARM WELCOME. WOULD DR. GABRIELLE AND NATE PLEASE RISE? THANK YOU FOR BEING HERE. SAFE TRAVELS. TELL EVERYBODY BACK IN NORFOLK WE SAID HI. WOULD I ASK THE MEMBERS OF THE SENATE TO PLEASE JOIN ME IN OFFERING, DR. NOEL GABRIEL, VICE CHAIRMAN OF OUR NORFOLK SCHOOL BOARD, AND HER FRIEND NATE, THE WARM WELCOME OF THE SENATE. (APPLAUSE). THE SENATOR FROM HAMPTON, SENATOR LOCKE.

Sen. Mamie Locke (D-Hampton): THANK YOU, MR. PRESIDENT. I RISE FOR AN INTRODUCTION.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Mamie Locke (D-Hampton): THANK YOU, MR. PRESIDENT. WITH US IN THE GALLERY TODAY ARE LEADERS OF THE CIVIC LEADERSHIP INSTITUTE IN THE CLASS OF 2017. THEY ARE VISITING WITH THE CAPITOL TODAY TO MEET WITH THE GOVERNOR AND OTHER MEMBERS OF THE EXECUTIVE TEAM AND TO LEARN MORE ABOUT THE LEGISLATIVE PROJECT -- PROCESS. IT'S A PRESTIGIOUS CORE OF LEADERS COMMITTED TO A BRIGHTER FUTURE OF THE HAMPTON ROADS COMMUNITY THROUGH COLLABORATION. CIVICS ALUM NYE SERVE IN ELECTED -- ALUMNI SERVE IN ELECTED OFFICE, BRINGING HIGH LEVEL EXPERTISE TO INITIATIVES. CIVIC FOUNDERS INCLUDE THE LATE JOSHUA P. DARDEN WHO HELPED IN THE POWER OF REGIONAL RELIES SHIPS TO FORGE REGIONAL RESULTS. THE ORGANIZATION'S MEMBERS ARE SUCCESSFUL, EXECUTIVE LEVEL LEADERS AND PROMISING EMERGING LEADERS IN THE CORPORATE, MILITARY, ENTREPRENEURIAL, EDUCATIONAL AND NONPROFIT ARENAS. AS A CIVIC CLASS OF 2003 GRADUATE, IT IS MY HONOR TO INTRODUCE TO YOU KATHY LIEU ICE, SARA JANE KIRKLAND, AND KRISTIN SPITS AND THE MEMBERS OF THE