Parole; exception to limitation on the application of parole statutes. (HB33)
Introduced By
Del. Joe Lindsey (D-Norfolk) with support from co-patrons Del. Kaye Kory (D-Falls Church), and Del. Ibraheem Samirah (D-Herndon)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
✓ |
Became Law |
Description
Parole; exception to limitation on the application of parole statutes. Provides that a person is eligible to be considered for parole if (i) such person 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 felony committed on or after the abolition of parole going into effect (on January 1, 1995); (ii) the person remained incarcerated for the offense on July 1, 2020; and (iii) the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit such act; or (c) carnal knowledge. The bill also requires the Parole Board to establish procedures for consideration of parole of persons entitled to it and also provides that any person who is eligible for parole as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause. This bill is identical to SB 793.
Outcome
History
| Date | Action |
|---|---|
| 11/19/2019 | Committee |
| 11/19/2019 | Prefiled and ordered printed; offered 01/08/20 20100800D |
| 11/19/2019 | Referred to Committee on Public Safety |
| 01/16/2020 | Impact statement from DPB (HB33) |
| 01/17/2020 | House committee, floor amendments and substitutes offered |
| 01/17/2020 | Reported from Public Safety with substitute (13-Y 9-N) (see vote tally) |
| 01/17/2020 | Committee substitute printed 20105311D-H1 |
| 01/21/2020 | Read first time |
| 01/22/2020 | House committee, floor amendments and substitutes offered |
| 01/22/2020 | Passed by for the day |
| 01/23/2020 | Read second time |
| 01/23/2020 | Committee substitute agreed to 20105311D-H1 |
| 01/23/2020 | Amendments by Delegate Lindsey agreed to |
| 01/23/2020 | Delegate Bell's amendments out of order due to adoption of Delegate Lindsey's amendments |
| 01/23/2020 | Motion to pass by amendment #2 by Delegate Bell agreed to (54-Y 45-N) |
| 01/23/2020 | Motion to pass by amendment #3 by Delegate Bell agreed to (54-Y 45-N) |
| 01/23/2020 | VOTE: Pass By (54-Y 45-N) (see vote tally) |
| 01/23/2020 | Engrossed by House - committee substitute with amendments (55-Y 45-N) HB33EH1 |
| 01/23/2020 | VOTE: Engrossment (55-Y 45-N) (see vote tally) |
| 01/23/2020 | Printed as engrossed 20105311D-EH1 |
| 01/24/2020 | Read third time and passed House (52-Y 45-N) |
| 01/24/2020 | VOTE: Passage (52-Y 45-N) (see vote tally) |
| 01/27/2020 | Constitutional reading dispensed |
| 01/27/2020 | Referred to Committee on Rehabilitation and Social Services |
| 02/07/2020 | Rereferred from Rehabilitation and Social Services (11-Y 0-N) (see vote tally) |
| 02/07/2020 | Rereferred to Judiciary |
| 02/09/2020 | Impact statement from DPB (HB33EH1) |
| 02/12/2020 | Reported from Judiciary with substitute (15-Y 0-N) (see vote tally) |
| 02/12/2020 | Committee substitute printed 20108206D-S1 |
| 02/13/2020 | Impact statement from DPB (HB33S1) |
| 02/14/2020 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/17/2020 | Read third time |
| 02/17/2020 | Reading of substitute waived |
| 02/17/2020 | Committee substitute agreed to 20108206D-S1 |
| 02/17/2020 | Engrossed by Senate - committee substitute HB33S1 |
| 02/17/2020 | Passed Senate with substitute (36-Y 4-N) (see vote tally) |
| 02/19/2020 | VOTE: Adoption (0-Y 100-N) (see vote tally) |
| 02/19/2020 | Placed on Calendar |
| 02/19/2020 | Senate substitute rejected by House 20108206D-S1 (0-Y 100-N) |
| 02/19/2020 | VOTE: REJECTED (0-Y 100-N) (see vote tally) |
| 02/21/2020 | Passed by for the day |
| 02/24/2020 | Senate insisted on substitute (39-Y 0-N) (see vote tally) |
| 02/24/2020 | Senate requested conference committee |
| 02/25/2020 | House acceded to request |
| 02/26/2020 | Conferees appointed by House |
| 02/26/2020 | Delegates: Lindsey, Hope, Wright |
| 02/27/2020 | Conferees appointed by Senate |
| 02/27/2020 | Senators: McClellan, Stuart, Surovell |
| 03/04/2020 | C Amended by conference committee |
| 03/04/2020 | Passed by for the day |
| 03/05/2020 | Conference substitute printed 20109642D-H2 |
| 03/05/2020 | Conference report agreed to by House (53-Y 45-N) |
| 03/05/2020 | VOTE: Adoption (53-Y 45-N) (see vote tally) |
| 03/06/2020 | Impact statement from DPB (HB33H2) |
| 03/07/2020 | Conference report agreed to by Senate (25-Y 14-N) (see vote tally) |
| 03/18/2020 | Enrolled |
| 03/18/2020 | Bill text as passed House and Senate (HB33ER) |
| 03/18/2020 | Signed by President |
| 03/19/2020 | Signed by Speaker |
| 03/20/2020 | Impact statement from DPB (HB33ER) |
| 03/20/2020 | Enrolled Bill communicated to Governor on March 20, 2020 |
| 03/20/2020 | G Governor's Action Deadline 11:59 p.m., April 11, 2020 |
| 04/11/2020 | Governor's recommendation received by House |
| 04/22/2020 | Placed on Calendar |
| 04/22/2020 | House concurred in Governor's recommendation (50-Y 44-N) |
| 04/22/2020 | Senate concurred in Governor's recommendation (22-Y 18-N) (see vote tally) |
| 04/22/2020 | G Governor's recommendation adopted |
| 04/22/2020 | Reenrolled |
| 04/22/2020 | Reenrolled bill text (HB33ER2) |
| 04/22/2020 | Signed by Speaker as reenrolled |
| 04/22/2020 | Signed by President as reenrolled |
| 04/22/2020 | Enacted, Chapter 1200 (effective 4/22/20) |
| 04/22/2020 | VOTE: (50-Y 44-N) |
| 04/22/2020 | G Acts of Assembly Chapter text (CHAP1200) |
| 05/01/2020 | VOTE: (50-Y 44-N) |
Comments
Would like to hear from someone about the bill on Fishback
About the Fishback issue
This bill needs to be passed! It's not like everyone is going to get out on parole. They will just be given a chance to go up for parole due to the injustice in their sentencing. People need to realize it's just correcting a wrong. Were they convicted by a jury... yes, are they serving time, yes...was sentencing fair....NO! Also, just because they were convicted doesn't mean all of them are guilty. I know someone that has been sitting in prison for OVER 22yrs for something they DID NOT DO and this is their ONLY hope. Did some make mistakes...YES....but majority of the Fishback inmates have been in prison for more than 20yrs. We have got to believe that some of these inmates are rehabilitated, truly sorry for whatever occurred & ready to return to society to be a productive citizen. Imagine if it was your son, daughter that made a mistake no matter how bad it was...Would you not want them to at least have a chance at parole? We don't know everyone's whole story or circumstances! Those that prove themselves to be rehabilitated should have a chance and the parole board will make that decision. I support this bill 100% & hope that it passes. #fixfishback
This bill needs to be passed immediately! The jurors were not not given all the information which resulted in some jurors admitting to if they had known there was no parole at the time the sentencing would have been looked at differently.
This bill should be made law to correct the injustice that was done 1995-2000,when the jury was not informed about parole being abolished.This bill should be made law so that many of the true rehabilitated offenders can be released from prison and given another chance. I know that some of these inmates have held down jobs (every since being incarcerated),participated in all the programs and they're taking college courses. They did all this not knowing that a chance like this would ever exist. Now that it has,let them use their skills and education to do good things.
About the bill that was sign by the Governor about the release of the bill and the 300 inmate for the Fish back please give me a message or call back Thanks so very much Phyllis Ward