Virginia House Bill 2038 (Prior Session Legislation)

---

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]

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.

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

Del. Don Scott [D]	Del. Dawn Adams [D]	Sen. Lashrecse Aird [D]	Sen. Lamont Bagby [D]
Del. Jeffrey Bourne [D]	Del. Betsy Carr [D]	Del. Lee Carter [D]	Del. Patrick Hope [D]
Del. Kaye Kory [D]	Del. Marcia Price [D]	Del. Sam Rasoul [D]	Del. Ibraheem Samirah [D]
Del. Marcus Simon [D]	Del. Shelly Simonds [D]	Del. Roslyn Tyler [D]

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]

Date	Chamber	Action
2021-04-07		Governor: Acts of Assembly Chapter text (CHAP0538)
2021-04-07	House	Enacted, Chapter 538 (effective 7/1/21)
2021-04-07	Senate	Signed by President as reenrolled
2021-04-07	House	Signed by Speaker as reenrolled
2021-04-07	House	Reenrolled bill text (HB2038ER2)
2021-04-07	House	Reenrolled
2021-04-07		Governor: Governor's recommendation adopted
2021-04-07	Senate	Senate concurred in Governor's recommendation (22-Y 18-N)
2021-04-07	House	VOTE: Adoption (57-Y 42-N)
2021-04-07	House	House concurred in Governor's recommendation (57-Y 42-N)
2021-04-07	House	Placed on Calendar
2021-03-31	House	Governor's recommendation received by House
2021-03-01		Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-01	House	Enrolled Bill communicated to Governor on March 1, 2021
2021-02-26	House	Signed by Speaker
2021-02-25	Senate	Signed by President
2021-02-25	House	Bill text as passed House and Senate (HB2038ER)
2021-02-25	House	Enrolled
2021-02-23	House	VOTE: Adoption (57-Y 39-N)
2021-02-23	House	Senate substitute agreed to by House 21200410D-S1 (57-Y 39-N)
2021-02-23	House	Placed on Calendar
2021-02-22	Senate	Passed Senate with substitute (23-Y 16-N)
2021-02-22	Senate	Engrossed by Senate - committee substitute HB2038S1
2021-02-22	Senate	Committee substitute agreed to 21200410D-S1
2021-02-22	Senate	Reading of substitute waived
2021-02-22	Senate	Read third time
2021-02-19	Senate	Constitutional reading dispensed (32-Y 0-N)
2021-02-17	Senate	Committee substitute printed 21200410D-S1
2021-02-17	Senate	Reported from Judiciary with substitute (9-Y 6-N)
2021-02-10	Senate	Assigned Judiciary sub: Criminal Law
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

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

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

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB2038
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038H2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB2038ER2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0538+hil
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB2038AG
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038FH2122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038FS1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB2038FER122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801C0018+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0801C0029+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H08C0117+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1305+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03C0125+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S03V0075+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0228HB2038+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0282HB2038+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1883+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV2075+HB2038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0625HB2038+HB2038