VA HB2038 | 2021 | 1st Special Session

Note: Carryover of previous HB2038

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 15-0)
Status: Passed on April 7 2021 - 100% progression
Action: 2021-04-07 - Governor: Acts of Assembly Chapter text (CHAP0538)
Text: Latest bill text (Chaptered) [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 also provides that if a court finds that a defendant has absconded from the jurisdiction of the court, the court may extend the period of probation or suspended sentence for a period not to exceed the length of time that such defendant absconded. 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 but such limitation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings. 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 also provides that if a court finds that a defendant has absconded from the jurisdiction of the court, the court may extend the period of probation or suspended sentence for a period not to exceed the length of time that such defendant absconded. 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 but such limitation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings. 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

2021-04-07 - Senate - Senate: Senate concurred in Governor's recommendation (22-Y 18-N) (Y: 22 N: 18 NV: 0 Abs: 0) [PASS]
2021-04-07 - House - House: VOTE: Adoption (57-Y 42-N) (Y: 57 N: 42 NV: 0 Abs: 1) [PASS]
2021-02-23 - House - House: VOTE: Adoption (57-Y 39-N) (Y: 57 N: 39 NV: 0 Abs: 4) [PASS]
2021-02-22 - Senate - Senate: Passed Senate with substitute (23-Y 16-N) (Y: 23 N: 16 NV: 0 Abs: 0) [PASS]
2021-02-19 - Senate - Senate: Constitutional reading dispensed (32-Y 0-N) (Y: 32 N: 0 NV: 0 Abs: 7) [PASS]
2021-02-17 - Senate - Senate: Reported from Judiciary with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
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
2021-04-07 Governor: Acts of Assembly Chapter text (CHAP0538)
2021-04-07HouseEnacted, Chapter 538 (effective 7/1/21)
2021-04-07SenateSigned by President as reenrolled
2021-04-07HouseSigned by Speaker as reenrolled
2021-04-07HouseReenrolled bill text (HB2038ER2)
2021-04-07HouseReenrolled
2021-04-07 Governor: Governor's recommendation adopted
2021-04-07SenateSenate concurred in Governor's recommendation (22-Y 18-N)
2021-04-07HouseVOTE: Adoption (57-Y 42-N)
2021-04-07HouseHouse concurred in Governor's recommendation (57-Y 42-N)
2021-04-07HousePlaced on Calendar
2021-03-31HouseGovernor's recommendation received by House
2021-03-01 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-01HouseEnrolled Bill communicated to Governor on March 1, 2021
2021-02-26HouseSigned by Speaker
2021-02-25SenateSigned by President
2021-02-25HouseBill text as passed House and Senate (HB2038ER)
2021-02-25HouseEnrolled
2021-02-23HouseVOTE: Adoption (57-Y 39-N)
2021-02-23HouseSenate substitute agreed to by House 21200410D-S1 (57-Y 39-N)
2021-02-23HousePlaced on Calendar
2021-02-22SenatePassed Senate with substitute (23-Y 16-N)
2021-02-22SenateEngrossed by Senate - committee substitute HB2038S1
2021-02-22SenateCommittee substitute agreed to 21200410D-S1
2021-02-22SenateReading of substitute waived
2021-02-22SenateRead third time
2021-02-19SenateConstitutional reading dispensed (32-Y 0-N)
2021-02-17SenateCommittee substitute printed 21200410D-S1
2021-02-17SenateReported from Judiciary with substitute (9-Y 6-N)
2021-02-10SenateAssigned Judiciary sub: Criminal Law
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

Same As/Similar To

HB2038 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)

Subjects


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?212+sum+HB2038
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038H2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038ER2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0538+hil
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2038AG
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038FH2122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038FS1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801C0018+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801C0029+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08C0117+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1305+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03C0125+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03V0075+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0228HB2038+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0282HB2038+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1883+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2075+HB2038
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0625HB2038+HB2038

Bill Comments

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