Plea agreements and court orders; prohibited provisions. (SB334)

Introduced By

Sen. Saddam Azlan Salim (D-Fairfax) with support from co-patron Sen. Jennifer Carroll Foy (D-Woodbridge)

Progress

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

Description

Plea agreements; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2024, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy. The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth (a) as a condition for participation in a specialty docket or (b) in a case involving a sexual offense where the victim is under 18 years of age. The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation or post-release supervision imposed against the defendant; if the defendant is not placed on supervised probation or post-release supervision, it shall be no longer than the period of suspension of sentence or post-release incarceration imposed against such defendant. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/09/2024Referred to Committee on the Judiciary
01/09/2024Prefiled and ordered printed; offered 01/10/24 24103710D
01/09/2024Referred to Committee for Courts of Justice
01/10/2024Moved from Judiciary to Courts of Justice due to a change of the committee name
02/12/2024Senate committee, floor amendments and substitutes offered
02/12/2024Reported from Courts of Justice with substitute (6-Y 4-N) (see vote tally)
02/12/2024Committee substitute printed 24107679D-S1
02/13/2024Read second time
02/13/2024Reading of substitute waived
02/13/2024Committee substitute agreed to 24107679D-S1
02/13/2024Engrossed by Senate - committee substitute SB334S1
02/13/2024Passed Senate (21-Y 19-N) (see vote tally)
02/13/2024Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/16/2024Placed on Calendar
02/16/2024Read first time
02/16/2024Referred to Committee for Courts of Justice
02/20/2024Assigned Courts sub: Criminal
02/21/2024Subcommittee recommends reporting with substitute (5-Y 3-N)
02/23/2024Reported from Courts of Justice with substitute (11-Y 10-N) (see vote tally)
02/23/2024Committee substitute printed 24108134D-H1
02/27/2024Read second time
02/28/2024Read third time
02/28/2024Committee substitute agreed to 24108134D-H1
02/28/2024Engrossed by House - committee substitute SB334H1
02/28/2024Passed House with substitute (51-Y 49-N)
02/28/2024VOTE: Passage (51-Y 49-N) (see vote tally)
03/01/2024House substitute agreed to by Senate (21-Y 19-N) (see vote tally)
03/01/2024Title replaced 24108134D-H1
03/06/2024Enrolled
03/06/2024Bill text as passed Senate and House (SB334ER)
03/06/2024Signed by Speaker
03/07/2024Signed 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
04/17/2024Passed by for the day

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