Restitution; probation. (SB994)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg) with support from co-patron Sen. Janet Howell (D-Reston)

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 HB 484. Amends § 19.2-305.1, § 19.2-358, § 19.2-368.15, § 53.1-145, § 9.1-176.1, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
02/13/2018Introduced at the request of Governor
02/13/2018Presented and ordered printed 18107023D
02/13/2018Referred to Committee for Courts of Justice
02/19/2018Impact statement from DPB (SB994)
02/19/2018Reported from Courts of Justice (14-Y 1-N) (see vote tally)
02/20/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/20/2018Referred to Committee for Courts of Justice
02/21/2018Read second time and engrossed
02/22/2018Read third time and passed Senate (35-Y 5-N) (see vote tally)
02/26/2018Referred to Committee for Courts of Justice
02/26/2018Placed on Calendar
02/26/2018Read first time
02/27/2018Assigned Courts sub: Subcommittee #1
02/28/2018Subcommittee recommends reporting (8-Y 0-N)
03/02/2018Reported from Courts of Justice (12-Y 4-N) (see vote tally)
03/06/2018Read second time
03/07/2018Read third time
03/07/2018Passed House (80-Y 17-N)
03/07/2018VOTE: PASSAGE (80-Y 17-N) (see vote tally)
03/09/2018Enrolled
03/09/2018Bill text as passed Senate and House (SB994ER)
03/09/2018Impact statement from DPB (SB994ER)
03/09/2018Signed by Speaker
03/10/2018Signed by President
03/20/2018Enrolled Bill Communicated to Governor on March 20, 2018
03/20/2018G Governor's Action Deadline Midnight, April 9, 2018
03/30/2018G Approved by Governor-Chapter 671 (effective 7/1/18)
03/30/2018G Acts of Assembly Chapter text (CHAP0671)

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 38 seconds.