VA HB1252 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 5-0)
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Summary
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. 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.
Title
Limitation on sentence upon revocation of suspension of sentence; technical violations.
Sponsors
| Del. Adele McClure [D] | Del. Nadarius Clark [D] | Del. Rozia Henson [D] | Del. Sam Rasoul [D] |
| Del. Shelly Simonds [D] |
Roll Calls
2024-02-23 - House - House: VOTE: Adoption (53-Y 43-N) (Y: 53 N: 43 NV: 0 Abs: 4) [PASS]
2024-02-21 - Senate - Senate: Passed Senate with amendments (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-20 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-19 - Senate - Senate: Reported from Courts of Justice with amendments (8-Y 4-N) (Y: 8 N: 4 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (62-Y 36-N) (Y: 62 N: 36 NV: 0 Abs: 2) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice (17-Y 4-N) (Y: 17 N: 4 NV: 0 Abs: 1) [PASS]
2024-01-31 - House - House: Subcommittee recommends reporting (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 1) [PASS]
2024-02-21 - Senate - Senate: Passed Senate with amendments (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-20 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-19 - Senate - Senate: Reported from Courts of Justice with amendments (8-Y 4-N) (Y: 8 N: 4 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (62-Y 36-N) (Y: 62 N: 36 NV: 0 Abs: 2) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice (17-Y 4-N) (Y: 17 N: 4 NV: 0 Abs: 1) [PASS]
2024-01-31 - House - House: Subcommittee recommends reporting (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | House | House sustained Governor's veto |
| 2024-03-20 | Governor: Vetoed by Governor | |
| 2024-03-11 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-11 | House | Enrolled Bill communicated to Governor on March 11, 2024 |
| 2024-03-02 | Senate | Signed by President |
| 2024-02-28 | House | Signed by Speaker |
| 2024-02-28 | House | Bill text as passed House and Senate (HB1252ER) |
| 2024-02-28 | House | Enrolled |
| 2024-02-23 | House | VOTE: Adoption (53-Y 43-N) |
| 2024-02-23 | House | Senate amendments agreed to by House (53-Y 43-N) |
| 2024-02-21 | Senate | Passed Senate with amendments (21-Y 19-N) |
| 2024-02-21 | Senate | Engrossed by Senate as amended |
| 2024-02-21 | Senate | Committee amendments agreed to |
| 2024-02-21 | Senate | Reading of amendments waived |
| 2024-02-21 | Senate | Read third time |
| 2024-02-20 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-19 | Senate | Reported from Courts of Justice with amendments (8-Y 4-N) |
| 2024-02-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-02-09 | Senate | Constitutional reading dispensed |
| 2024-02-08 | House | VOTE: Passage (62-Y 36-N) |
| 2024-02-08 | House | Read third time and passed House (62-Y 36-N) |
| 2024-02-07 | House | Read second time and engrossed |
| 2024-02-06 | House | Read first time |
| 2024-02-02 | House | Reported from Courts of Justice (17-Y 4-N) |
| 2024-01-31 | House | Subcommittee recommends reporting (7-Y 1-N) |
| 2024-01-30 | House | Assigned Courts sub: Criminal |
| 2024-01-10 | House | Referred to Committee for Courts of Justice |
| 2024-01-10 | House | Prefiled and ordered printed; offered 01/10/24 24103627D |
Same As/Similar To
SB505 (Similar To) 2024-04-17 - Senate sustained Governor's veto
