Bill Text: VA HB605 | 2016 | Regular Session | Chaptered
Bill Title: Restitution; extension of probation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-04-06 - Governor: Acts of Assembly Chapter text (CHAP0718) [HB605 Detail]
Download: Virginia-2016-HB605-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §19.2-306 of the Code of Virginia are amended and reenacted as follows: §19.2-306. Revocation of suspension of sentence and probation. A. In any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court. If neither a probation period nor a period of suspension was fixed by the court, then the court may revoke the suspension for any cause the court deems sufficient that occurred within the maximum period for which the defendant might originally have been sentenced to be imprisoned. B. The court may not conduct a hearing to revoke the suspension
of sentence unless the court C. If the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then: (i) if the court originally suspended the imposition of sentence, the court shall revoke the suspension, and the court may pronounce whatever sentence might have been originally imposed or (ii) if the court originally suspended the execution of the sentence, the court shall revoke the suspension and the original sentence shall be in full force and effect. The court may again suspend all or any part of this sentence and may place the defendant upon terms and conditions or probation. D. If any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred. E. Nothing contained herein shall be construed to deprive any person of his right to appeal in the manner provided by law to the circuit court having criminal jurisdiction from a judgment or order revoking any suspended sentence. |