VA SB137 | 2022 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Engrossed on February 9 2022 - 50% progression, died in committee
Action: 2022-03-08 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Engrossed) [HTML]
Status: Engrossed on February 9 2022 - 50% progression, died in committee
Action: 2022-03-08 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Engrossed) [HTML]
Summary
Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022. Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022.
Title
Discretionary sentencing guidelines; written explanation, appeal.
Sponsors
Roll Calls
2022-03-04 - House - House: Subcommittee recommends passing by indefinitely (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Amendments by Senator Edwards agreed to (24-Y 16-N) (Y: 24 N: 16 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Engrossment reconsidered by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Reconsideration of defeated action agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Read third time and defeated by Senate (20-Y 20-N) (Y: 20 N: 20 NV: 0 Abs: 0) [FAIL]
2022-02-08 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-07 - Senate - Senate: Reported from Judiciary with substitute (9-Y 4-N) (Y: 9 N: 4 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Amendments by Senator Edwards agreed to (24-Y 16-N) (Y: 24 N: 16 NV: 0 Abs: 0) [PASS]
2022-02-11 - Senate - Senate: Engrossment reconsidered by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Reconsideration of defeated action agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-10 - Senate - Senate: Read third time and defeated by Senate (20-Y 20-N) (Y: 20 N: 20 NV: 0 Abs: 0) [FAIL]
2022-02-08 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-07 - Senate - Senate: Reported from Judiciary with substitute (9-Y 4-N) (Y: 9 N: 4 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-03-08 | House | Left in Courts of Justice |
| 2022-03-04 | House | Subcommittee recommends passing by indefinitely (5-Y 3-N) |
| 2022-02-27 | House | Assigned Courts sub: Subcommittee #1 |
| 2022-02-22 | House | Referred to Committee for Courts of Justice |
| 2022-02-22 | House | Read first time |
| 2022-02-22 | House | Placed on Calendar |
| 2022-02-11 | Senate | Passed Senate (23-Y 17-N) |
| 2022-02-11 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2022-02-11 | Senate | Printed as engrossed 22106160D-ES1 |
| 2022-02-11 | Senate | Engrossed by Senate - committee substitute with amendments SB137ES1 |
| 2022-02-11 | Senate | Amendments by Senator Edwards agreed to (24-Y 16-N) |
| 2022-02-11 | Senate | Reading of amendments waived |
| 2022-02-11 | Senate | Engrossment reconsidered by Senate (40-Y 0-N) |
| 2022-02-10 | Senate | Passed by for the day |
| 2022-02-10 | Senate | Reconsideration of defeated action agreed to by Senate (40-Y 0-N) |
| 2022-02-10 | Senate | Chair votes No |
| 2022-02-10 | Senate | Read third time and defeated by Senate (20-Y 20-N) |
| 2022-02-09 | Senate | Engrossed by Senate - committee substitute SB137S1 |
| 2022-02-09 | Senate | Committee substitute agreed to 22106160D-S1 |
| 2022-02-09 | Senate | Reading of substitute waived |
| 2022-02-09 | Senate | Read second time |
| 2022-02-08 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2022-02-07 | Senate | Committee substitute printed 22106160D-S1 |
| 2022-02-07 | Senate | Reported from Judiciary with substitute (9-Y 4-N) |
| 2022-01-31 | Senate | Assigned Judiciary sub: Criminal Law |
| 2022-01-08 | Senate | Referred to Committee on the Judiciary |
| 2022-01-08 | Senate | Prefiled and ordered printed; offered 01/12/22 22100360D |
