VA SB223 | 2016 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 4-0)
Status: Introduced on January 5 2016 - 25% progression, died in chamber
Action: 2016-02-01 - Failed to report (defeated) in Courts of Justice (6-Y 8-N)
Text: Latest bill text (Prefiled) [HTML]
Status: Introduced on January 5 2016 - 25% progression, died in chamber
Action: 2016-02-01 - Failed to report (defeated) in Courts of Justice (6-Y 8-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 fact that parole has been abolished, for a noncapital felony committed prior to 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 Court of Appeals, which shall direct the circuit court in which the order of conviction was originally entered to empanel a new jury for the purposes 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.
Title
New sentencing hearing; abolition of parole.
Sponsors
Roll Calls
2016-02-01 - Senate - Senate: Failed to report (defeated) in Courts of Justice (6-Y 8-N) (Y: 6 N: 8 NV: 0 Abs: 0) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2016-02-01 | Senate | Failed to report (defeated) in Courts of Justice (6-Y 8-N) |
| 2016-01-05 | Senate | Referred to Committee for Courts of Justice |
| 2016-01-05 | Senate | Prefiled and ordered printed; offered 01/13/16 16102222D |
