Sentencing proceeding by the jury after conviction; recommendation of leniency. (HB279)

Introduced By

Del. Patrick Hope (D-Arlington) with support from co-patrons Del. Terry Kilgore (R-Gate City), and Del. Don Scott (D-Portsmouth)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertaining the punishment for a person convicted of a felony or Class 1 misdemeanor, recommend that the sentence imposed be suspended in whole or in part, or that sentences imposed for multiple offenses be served concurrently, except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury. The bill also allows the jury to recommend that the defendant be placed on probation, make full or partial restitution, perform community service, or receive mental health or substance abuse treatment in lieu of incarceration or as a condition of any suspended sentence, and requires the court to follow such recommendation unless good cause is shown for why the recommendation is inappropriate or unavailable. Read the Bill »


Bill Has Failed


12/30/2019Prefiled and ordered printed; offered 01/08/20 20101181D
12/30/2019Referred to Committee for Courts of Justice
01/17/2020Assigned Courts sub: Criminal
01/22/2020Subcommittee recommends laying on the table (7-Y 0-N)
01/28/2020Impact statement from DPB (HB279)
02/11/2020Left in Courts of Justice

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