VA HB2038 | 2021 | Regular Session
Note: Carry Foward to future HB2038
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]
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.
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]
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
Date | Chamber | Action |
---|---|---|
2021-02-05 | Senate | Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N) |
2021-02-02 | Senate | Referred to Committee on the Judiciary |
2021-02-02 | Senate | Constitutional reading dispensed |
2021-02-01 | House | VOTE: Passage (57-Y 43-N) |
2021-02-01 | House | Read third time and passed House (57-Y 43-N) |
2021-01-29 | House | Engrossed by House - floor substitute HB2038H2 |
2021-01-29 | House | Substitute by Delegate Scott agreed to 21104033D-H2 |
2021-01-29 | House | Committee substitute rejected 21103781D-H1 |
2021-01-29 | House | Read second time |
2021-01-29 | House | Floor substitute printed 21104033D-H2 (Scott) |
2021-01-28 | House | Read first time |
2021-01-27 | House | Reported from Courts of Justice with substitute (11-Y 10-N) |
2021-01-27 | House | Committee substitute printed 21103781D-H1 |
2021-01-22 | House | Subcommittee recommends reporting with substitute (6-Y 2-N) |
2021-01-22 | House | Subcommittee recommends reporting with substitute (6-Y 2-N) |
2021-01-21 | House | Assigned Courts sub: Criminal |
2021-01-12 | House | Referred to Committee for Courts of Justice |
2021-01-12 | House | Prefiled and ordered printed; offered 01/13/21 21102555D |
Same As/Similar To
HB2038 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
19 | 2 | 303 | (n/a) | See Bill Text |
19 | 2 | 303.1 | (n/a) | See Bill Text |
19 | 2 | 306 | (n/a) | See Bill Text |
19 | 2 | 306.1 | (n/a) | See Bill Text |