VA SB100 | 2018 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Engrossed on January 22 2018 - 50% progression, died in chamber
Action: 2018-01-24 - Read third time and defeated by Senate (19-Y 20-N)
Text: Latest bill text (Prefiled) [HTML]

Summary

New sentencing hearing; abolition of parole. Provides that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the abolition of parole, for a nonviolent felony committed after the time that the abolition of parole went into effect (January 1, 1995), is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that such person shall file a petition for a new sentencing proceeding with the circuit court in which the order of conviction was originally entered. The circuit court shall empanel a new jury for the purpose of conducting the new sentencing proceeding and notify the appropriate attorney for the Commonwealth. The bill also provides that if the attorney for the Commonwealth and the person filing the petition agree, such person may waive his right to a new sentencing proceeding and allow the court to fix punishment.

Tracking Information

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Title

New sentencing hearing; abolition of parole.

Sponsors


Roll Calls

2018-01-24 - Senate - Senate: Read third time and defeated by Senate (19-Y 20-N) (Y: 19 N: 20 NV: 1 Abs: 0) [FAIL]
2018-01-23 - Senate - Senate: Reconsideration of passage agreed to by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2018-01-23 - Senate - Senate: Read third time and passed Senate (20-Y 19-N) (Y: 20 N: 19 NV: 1 Abs: 0) [FAIL]
2018-01-19 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2018-01-17 - Senate - Senate: Reported from Courts of Justice (8-Y 7-N) (Y: 8 N: 7 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2018-01-24SenateRead third time and defeated by Senate (19-Y 20-N)
2018-01-23SenatePassed by for the day
2018-01-23SenateReconsideration of passage agreed to by Senate (39-Y 0-N)
2018-01-23SenateRead third time and passed Senate (20-Y 19-N)
2018-01-22SenateRead second time and engrossed
2018-01-19SenateConstitutional reading dispensed (39-Y 0-N)
2018-01-17SenateReported from Courts of Justice (8-Y 7-N)
2017-12-12SenateReferred to Committee for Courts of Justice
2017-12-12SenatePrefiled and ordered printed; offered 01/10/18 18100811D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192310.1:1(n/a)See Bill Text

Virginia State Sources


Bill Comments

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