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)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

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

Bill Has Failed

History

DateAction
01/11/2022Committee
01/11/2022Prefiled and ordered printed; offered 01/12/22 22103759D
01/11/2022Referred to Committee for Courts of Justice
01/13/2022Impact statement from VCSC (HB758)
01/28/2022Impact statement from DPB (HB758)
02/01/2022Assigned Courts sub: Subcommittee #1
02/03/2022Assigned Courts sub: Subcommittee #4
02/04/2022House subcommittee amendments and substitutes offered
02/04/2022Subcommittee recommends reporting with substitute (5-Y 3-N)
02/07/2022Reported from Courts of Justice with substitute (11-Y 9-N) (see vote tally)
02/07/2022Committee substitute printed 22106124D-H1
02/08/2022Impact statement from VCSC (HB758H1)
02/09/2022Read first time
02/10/2022Impact statement from DPB (HB758H1)
02/10/2022Passed by for the day
02/11/2022Read second time
02/11/2022Committee substitute agreed to 22106124D-H1
02/11/2022Engrossed by House - committee substitute HB758H1
02/14/2022Read third time and passed House (52-Y 48-N)
02/14/2022VOTE: Passage (52-Y 48-N) (see vote tally)
02/16/2022Constitutional reading dispensed
02/16/2022Referred to Committee on the Judiciary
02/27/2022Racial and ethnic impact statement from JLARC (HB758H1)
02/28/2022Reported from Judiciary (13-Y 2-N)
02/28/2022Senate committee, floor amendments and substitutes offered
02/28/2022Reported from Judiciary with substitute (13-Y 2-N) (see vote tally)
02/28/2022Committee substitute printed 22107147D-S1
02/28/2022Rereferred to Finance and Appropriations
03/02/2022Reported from Finance and Appropriations (12-Y 3-N) (see vote tally)
03/03/2022Impact statement from VCSC (HB758S1)
03/03/2022Impact statement from DPB (HB758S1)
03/03/2022Constitutional reading dispensed (39-Y 0-N) (see vote tally)
03/04/2022Floor substitute printed 22107402D-S2 (Edwards)
03/04/2022Passed by for the day
03/04/2022Impact statement from VCSC (HB758S2)
03/07/2022Impact statement from DPB (HB758S2)
03/07/2022Read third time
03/07/2022Committee substitute rejected 22107147SD-S1 (9-Y 30-N) (see vote tally)
03/07/2022Reading of substitute waived
03/07/2022Substitute by Senator Edwards agreed to 22107402D-S2
03/07/2022Defeated by Senate (18-Y 21-N) (see vote tally)

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