Restitution; probation. (HB484)
Introduced By
Del. Rob Bell (R-Charlottesville) with support from co-patron Del. Nick Freitas (R-Culpeper)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Restitution; probation. Establishes procedures to be used by courts to monitor the payment of restitution by defendants. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution (i) 60 days prior to the defendant's release from supervision or (ii) if the agency requests that the defendant be released from supervision, at the time the agency submits its request for the defendant's release. The bill requires that the court conduct a hearing prior to the defendant's release from supervision to review the defendant's compliance with the restitution order. The bill also requires that in the case of a defendant who was not placed on supervised probation, the court must schedule a hearing within two years of the date of the restitution order or release from incarceration to review the defendant's compliance with the restitution order. The bill requires that the court continue to conduct hearings to monitor a defendant's compliance with the restitution order for a period of 10 years from the date of the first review hearing or the period of probation, whichever is longer. The bill provides that a court may discontinue hearings to review a defendant's compliance with the restitution order if the court determines that the defendant is unable to pay and will remain unable to pay restitution for the duration of the review period. The bill also sets forth the remedies available to the court, including contempt, in the case of a defendant who fails to comply with a restitution order. This bill is identical to SB 994. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/08/2018 | Committee |
01/08/2018 | Prefiled and ordered printed; offered 01/10/18 18102534D |
01/08/2018 | Referred to Committee for Courts of Justice |
01/16/2018 | Assigned Courts sub: Subcommittee #1 |
01/29/2018 | Impact statement from DHCD/CLG (HB484) |
01/29/2018 | Impact statement from DPB (HB484) |
02/02/2018 | Subcommittee recommends reporting with substitute (7-Y 0-N) |
02/05/2018 | Reported from Courts of Justice with substitute (15-Y 3-N) (see vote tally) |
02/05/2018 | Committee substitute printed 18106597D-H1 |
02/07/2018 | Impact statement from DPB (HB484H1) |
02/07/2018 | Read first time |
02/08/2018 | Passed by for the day |
02/09/2018 | Read second time |
02/09/2018 | Committee substitute agreed to 18106597D-H1 |
02/09/2018 | Engrossed by House - committee substitute HB484H1 |
02/12/2018 | Read third time and passed House (79-Y 20-N) |
02/12/2018 | VOTE: PASSAGE (79-Y 20-N) (see vote tally) |
02/13/2018 | Constitutional reading dispensed |
02/13/2018 | Referred to Committee for Courts of Justice |
02/19/2018 | Committee substitute printed 18107158D-S1 |
02/19/2018 | Reported from Courts of Justice with substitute (14-Y 1-N) (see vote tally) |
02/20/2018 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/21/2018 | Impact statement from DPB (HB484S1) |
02/21/2018 | Read third time |
02/21/2018 | Reading of substitute waived |
02/21/2018 | Committee substitute agreed to 18107158D-S1 |
02/21/2018 | Engrossed by Senate - committee substitute HB484S1 |
02/21/2018 | Passed Senate with substitute (37-Y 3-N) (see vote tally) |
02/22/2018 | Placed on Calendar |
02/23/2018 | Placed on Calendar |
02/23/2018 | Senate substitute agreed to by House 18107158D-S1 (83-Y 14-N) |
02/23/2018 | VOTE: ADOPTION (83-Y 14-N) (see vote tally) |
02/27/2018 | Enrolled |
02/27/2018 | Bill text as passed House and Senate (HB484ER) |
02/27/2018 | Signed by Speaker |
02/28/2018 | Impact statement from DPB (HB484ER) |
03/02/2018 | Signed by President |
03/05/2018 | Enrolled Bill communicated to Governor on March 5, 2018 |
03/05/2018 | G Governor's Action Deadline Midnight, April 9, 2018 |
03/19/2018 | G Approved by Governor-Chapter 316 (effective 7/1/18) |
03/19/2018 | G Acts of Assembly Chapter text (CHAP0316) |
Comments
I oppose this bill for a few reasons but the most important is that it is inappropriate to increase the amount/type of punishment found necessary by the court or jury. I also believe it will simply expand the work for our already over-worked justice system.