Probation, revocation, and suspension of sentence; penalty. (HB758)

Introduced By

Del. Les Adams (R-Chatham) with support from 20 copatrons, whose average partisan position is:

Those copatrons are Del. Tim Anderson (R-Virginia Beach), Del. John Avoli (R-Staunton), Del. Jason Ballard (R-Pearisburg), Del. Rob Bell (R-Charlottesville), Del. Emily Brewer (R-Suffolk), Tara Durant (R-Fredericksburg), Del. James Edmunds (R-South Boston), Del. Buddy Fowler (R-Ashland), Del. Chris Head (R-Roanoke), Del. Keith Hodges (R-Urbanna), Del. Dave LaRock (R-Loudoun), Del. Jay Leftwich (R-Chesapeake), Del. Marie March (R-Floyd), Del. Margaret Ransone (R-Kinsale), Del. Chris Runion (R-Bridgewater), Del. Anne Ferrell Tata (R-Virginia Beach), Del. Wendell Walker (R-Lynchburg), Del. Michael Webert (R-Marshall), Del. Bill Wiley (R-Winchester), Del. Wren Williams (R-Stuart)

Description

Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes. The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense. The bill also adds the offense of crimes against nature committed on or after July 1, 2022, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned. Read the Bill »

Outcome

History