Limitation on sentence upon revocation of suspension of sentence; technical violations. (HB1252)

Introduced By

Del. Adele McClure (D-Arlington) with support from co-patron Del. Rozia Henson (D-Woodbridge)

Progress

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

Description

Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that when conducting a revocation hearing, the court shall consider at the same revocation hearing all alleged technical violations that occurred prior to such revocation hearing and have not been previously considered by the court. The bill also requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall adjudicate such violation within 14 days of the defendant being taken into custody. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2024Committee
01/10/2024Prefiled and ordered printed; offered 01/10/24 24103627D
01/10/2024Referred to Committee for Courts of Justice
01/30/2024Assigned Courts sub: Criminal
01/31/2024Subcommittee recommends reporting (7-Y 1-N)
02/02/2024Reported from Courts of Justice (17-Y 4-N) (see vote tally)
02/06/2024Read first time
02/07/2024Read second time and engrossed
02/07/2024Impact statement from DPB (HB1252)
02/08/2024Read third time and passed House (62-Y 36-N)
02/08/2024VOTE: Passage (62-Y 36-N) (see vote tally)
02/09/2024Constitutional reading dispensed
02/09/2024Referred to Committee for Courts of Justice
02/19/2024Reported from Courts of Justice with amendments (8-Y 4-N) (see vote tally)
02/20/2024Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/21/2024Read third time
02/21/2024Reading of amendments waived
02/21/2024Committee amendments agreed to
02/21/2024Engrossed by Senate as amended
02/21/2024Passed Senate with amendments (21-Y 19-N) (see vote tally)
02/23/2024Senate amendments agreed to by House (53-Y 43-N)
02/23/2024VOTE: Adoption (53-Y 43-N) (see vote tally)
02/28/2024Enrolled
02/28/2024Bill text as passed House and Senate (HB1252ER)
02/28/2024Impact statement from DPB (HB1252ER)
02/28/2024Signed by Speaker
03/02/2024Signed by President
03/11/2024Enrolled Bill communicated to Governor on March 11, 2024
03/11/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
03/20/2024G Vetoed by Governor
04/17/2024House sustained Governor's veto

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