VA HB2038 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 55-0)
Status: Engrossed on January 29 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Text: Latest bill text (Amended) [HTML]

Summary

Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order. Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.

Tracking Information

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Title

Probation, revocation, and suspension of sentence; limitations on sentence, technical violation.

Sponsors


Roll Calls

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-01 - House - House: VOTE: Passage (57-Y 43-N) (Y: 57 N: 43 NV: 0 Abs: 0) [PASS]
2021-01-27 - House - House: Reported from Courts of Justice with substitute (11-Y 10-N) (Y: 11 N: 10 NV: 0 Abs: 1) [PASS]
2021-01-22 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-22 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
2021-02-02SenateReferred to Committee on the Judiciary
2021-02-02SenateConstitutional reading dispensed
2021-02-01HouseVOTE: Passage (57-Y 43-N)
2021-02-01HouseRead third time and passed House (57-Y 43-N)
2021-01-29HouseEngrossed by House - floor substitute HB2038H2
2021-01-29HouseSubstitute by Delegate Scott agreed to 21104033D-H2
2021-01-29HouseCommittee substitute rejected 21103781D-H1
2021-01-29HouseRead second time
2021-01-29HouseFloor substitute printed 21104033D-H2 (Scott)
2021-01-28HouseRead first time
2021-01-27HouseReported from Courts of Justice with substitute (11-Y 10-N)
2021-01-27HouseCommittee substitute printed 21103781D-H1
2021-01-22HouseSubcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-22HouseSubcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-21HouseAssigned Courts sub: Criminal
2021-01-12HouseReferred to Committee for Courts of Justice
2021-01-12HousePrefiled and ordered printed; offered 01/13/21 21102555D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192303(n/a)See Bill Text
192303.1(n/a)See Bill Text
192306(n/a)See Bill Text
192306.1(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2038
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2038+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2038H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2038H2+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103243D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/21103628.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21103781D.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2038F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2038FH2122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0801V0018+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0801V0029+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H08V0117+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1305+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S03V0125+HB2038

Bill Comments

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