Virginia Senate Bill 825 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 2-0)
Status: Engrossed on January 25 2017 - 50% progression, died in committee
Action: 2017-02-21 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Engrossed) [HTML]

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 nonviolent 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 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.

New sentencing hearing; abolition of parole.

Sen. Jennifer Wexton [D]

Sen. Jennifer McClellan [D]

2017-01-26 - Senate - Senate: Read third time and passed Senate (22-Y 18-N) (Y: 22 N: 18 NV: 0 Abs: 0) [PASS]
2017-01-24 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2017-01-23 - Senate - Senate: Reported from Courts of Justice with amendments (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2017-02-21	House	Left in Courts of Justice
2017-02-15	House	Subcommittee recommends laying on the table by voice vote
2017-02-08	House	Assigned Courts sub: Criminal Law
2017-01-31	House	Referred to Committee for Courts of Justice
2017-01-31	House	Read first time
2017-01-31	House	Placed on Calendar
2017-01-26	Senate	Read third time and passed Senate (22-Y 18-N)
2017-01-25	Senate	Printed as engrossed 17100601D-E
2017-01-25	Senate	Engrossed by Senate as amended SB825E
2017-01-25	Senate	Amendments by Senator Wexton agreed to
2017-01-25	Senate	Reading of amendments waived
2017-01-25	Senate	Committee amendments agreed to
2017-01-25	Senate	Reading of amendments waived
2017-01-25	Senate	Read second time
2017-01-24	Senate	Constitutional reading dispensed (40-Y 0-N)
2017-01-23	Senate	Reported from Courts of Justice with amendments (9-Y 6-N)
2016-11-09	Senate	Referred to Committee for Courts of Justice
2016-11-09	Senate	Prefiled and ordered printed; offered 01/11/17 17100601D

Chapter	Article	Section	Citation Type	Statute Text
19	2	310.1:1	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB825
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB825+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+SB825E+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+S03V0088+SB0825
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0112SB0825+SB0825
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?171+vot+SV0128SB0825+SB0825