New sentencing hearing; abolition of parole. (SB100)

Introduced By

Sen. Jennifer McClellan (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 abolition of parole, for a nonviolent felony committed after 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 circuit court in which the order of conviction was originally entered. The circuit court shall 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 »


Bill Has Failed


12/12/2017Prefiled and ordered printed; offered 01/10/18 18100811D
12/12/2017Referred to Committee for Courts of Justice
01/16/2018Impact statement from DPB (SB100)
01/17/2018Reported from Courts of Justice (8-Y 7-N) (see vote tally)
01/19/2018Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/22/2018Read second time and engrossed
01/23/2018Read third time and passed Senate (20-Y 19-N) (see vote tally)
01/23/2018Reconsideration of passage agreed to by Senate (39-Y 0-N) (see vote tally)
01/23/2018Passed by for the day
01/24/2018Read third time and defeated by Senate (19-Y 20-N) (see vote tally)


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 49 seconds.