Discretionary sentencing guidelines; written explanation, appeal. (SB137)

Introduced By

Sen. John Edwards (D-Roanoke)

Progress

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

Description

Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/08/2022Prefiled and ordered printed; offered 01/12/22 22100360D
01/08/2022Referred to Committee on the Judiciary
01/31/2022Assigned Judiciary sub: Criminal Law
02/04/2022Senate subcommittee amendments and substitutes offered
02/07/2022Senate committee, floor amendments and substitutes offered
02/07/2022Reported from Judiciary with substitute (9-Y 4-N) (see vote tally)
02/07/2022Committee substitute printed 22106160D-S1
02/08/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/09/2022Read second time
02/09/2022Reading of substitute waived
02/09/2022Committee substitute agreed to 22106160D-S1
02/09/2022Engrossed by Senate - committee substitute SB137S1
02/10/2022Read third time and defeated by Senate (20-Y 20-N) (see vote tally)
02/10/2022Chair votes No
02/10/2022Reconsideration of defeated action agreed to by Senate (40-Y 0-N) (see vote tally)
02/10/2022Passed by for the day
02/11/2022Impact statement from DPB (SB137S1)
02/11/2022Engrossment reconsidered by Senate (40-Y 0-N) (see vote tally)
02/11/2022Reading of amendments waived
02/11/2022Amendments by Senator Edwards agreed to (24-Y 16-N) (see vote tally)
02/11/2022Engrossed by Senate - committee substitute with amendments SB137ES1
02/11/2022Printed as engrossed 22106160D-ES1
02/11/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2022Passed Senate (23-Y 17-N) (see vote tally)
02/14/2022Impact statement from DPB (SB137ES1)
02/22/2022Placed on Calendar
02/22/2022Read first time
02/22/2022Referred to Committee for Courts of Justice
02/27/2022Assigned Courts sub: Subcommittee #1
03/04/2022Subcommittee recommends passing by indefinitely (5-Y 3-N)
03/08/2022Left in Courts of Justice

Post a Public Comment About this Bill



if you have one


(Limited HTML is OK: <a>, <em>, <strong>, <s>)