Parole; exception to limitation on the application of parole statutes. (SB793)

Introduced By

Sen. Jennifer McClellan (D-Richmond) with support from co-patrons Del. Kaye Kory (D-Falls Church), and Sen. Joe Morrissey (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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 incorporates SB 821 and is identical to HB 33. Read the Bill »


Bill Has Passed


01/08/2020Prefiled and ordered printed; offered 01/08/20 20103371D
01/08/2020Referred to Committee on Rehabilitation and Social Services
01/17/2020Rereferred from Rehabilitation and Social Services (12-Y 0-N) (see vote tally)
01/17/2020Rereferred to Judiciary
01/21/2020Impact statement from DPB (SB793)
01/24/2020Assigned Juciciary sub: Criminal Law
01/24/2020Assigned Judiciary sub: Criminal Law
02/03/2020Incorporates SB821 (morrissey)
02/03/2020Committee substitute printed 20107401D-S1
02/03/2020Reported from Judiciary with substitute (13-Y 1-N) (see vote tally)
02/03/2020Rereferred to Finance and Appropriations
02/06/2020Reported from Finance and Appropriations (16-Y 0-N) (see vote tally)
02/10/2020Constitutional reading dispensed (36-Y 0-N) (see vote tally)
02/11/2020Impact statement from DPB (SB793S1)
02/11/2020Read second time
02/11/2020Reading of substitute waived
02/11/2020Committee substitute agreed to 20107401D-S1
02/11/2020Engrossed by Senate - committee substitute SB793S1
02/11/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2020Passed Senate (27-Y 12-N) (see vote tally)
02/11/2020Reconsideration of passage agreed to by Senate (39-Y 0-N) (see vote tally)
02/11/2020Passed Senate (30-Y 10-N) (see vote tally)
02/14/2020Placed on Calendar
02/14/2020Read first time
02/14/2020Referred to Committee for Courts of Justice
02/24/2020Reported from Courts of Justice with substitute (12-Y 9-N) (see vote tally)
02/24/2020Committee substitute printed 20108911D-H1
02/25/2020Impact statement from DPB (SB793H1)
02/26/2020Read second time
02/27/2020Read third time
02/27/2020Committee substitute agreed to 20108911D-H1
02/27/2020Engrossed by House - committee substitute SB793H1
02/27/2020Passed House with substitute (56-Y 43-N)
02/27/2020VOTE: Passage (56-Y 43-N) (see vote tally)
03/02/2020House substitute rejected by Senate (0-Y 40-N) (see vote tally)
03/03/2020House insisted on substitute
03/03/2020House requested conference committee
03/04/2020Senate acceded to request (32-Y 8-N) (see vote tally)
03/04/2020Conferees appointed by Senate
03/04/2020Senators: McClellan, Stuart, Surovell
03/05/2020Conferees appointed by House
03/05/2020Delegates: Lindsey, Hope, Wright
03/05/2020C Amended by conference committee
03/05/2020Conference substitute printed 20109732D-S2
03/07/2020Conference report agreed to by Senate (35-Y 5-N) (see vote tally)
03/07/2020Reconsideration of conference report agreed to by Senate (38-Y 0-N) (see vote tally)
03/07/2020Conference report agreed to by Senate (29-Y 11-N) (see vote tally)
03/08/2020Conference report agreed to by House (52-Y 42-N)
03/08/2020VOTE: Adoption (52-Y 42-N) (see vote tally)
03/18/2020Bill text as passed Senate and House (SB793ER)
03/18/2020Signed by President
03/19/2020Signed by Speaker
03/20/2020Enrolled Bill Communicated to Governor on March 20, 2020
03/20/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
03/23/2020Impact statement from DPB (SB793ER)
04/11/2020Governor's recommendation received by Senate
04/22/2020Senate concurred in Governor's recommendation (23-Y 17-N) (see vote tally)
04/22/2020House concurred in Governor's recommendation (48-Y 44-N)
04/22/2020VOTE: (48-Y 44-N)
04/22/2020G Emergency clause added by Governor's recommendation
04/22/2020G Governor's recommendation adopted
04/22/2020Reenrolled bill text (SB793ER2)
04/22/2020Signed by President as reenrolled
04/22/2020Signed by Speaker as reenrolled
04/22/2020Enacted, Chapter 1272 (effective 4/22/20)
04/22/2020G Acts of Assembly Chapter text (CHAP1272)
05/01/2020VOTE: (48-Y 44-N)


Phyllis Ward writes:

Would like to hear about the bill for today on Fishback