Bill Text: VA SB5016 | 2020 | 1st Special Session | Prefiled


Bill Title: Parole statutes; application for juveniles and persons committed upon certain felony offenses.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2020-08-26 - Passed by indefinitely in Judiciary with letter (14-Y 0-N) [SB5016 Detail]

Download: Virginia-2020-SB5016-Prefiled.html
20200044D
SENATE BILL NO. 5016
Offered August 18, 2020
Prefiled August 7, 2020
A BILL to amend and reenact §53.1-165.1 of the Code of Virginia, relating to the application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.
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Patron-- Edwards
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Referred to Committee on Rehabilitation and Social Services
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Be it enacted by the General Assembly of Virginia:

1. That §53.1-165.1 of the Code of Virginia is amended as follows:

§53.1-165.1. Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.

A. The provisions of this article, except §§53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995, unless as otherwise provided in this section. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.

B. The provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony offenses where the victim was a minor: (a) rape in violation of §18.2-61; (b) forcible sodomy in violation of §18.2-67.1; (c) object sexual penetration in violation of § 18.2-67.2; (d) aggravated sexual battery in violation of §18.2-67.3; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of §18.2-63, 18.2-64.1, or 18.2-64.2.

C. Unless as otherwise provided for in this section,The the Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B who were sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, consistent with the provisions of §53.1-154.

D. C. Any person who meets eligibility criteria for parole under subsection B and pursuant to §53.1-151 as of and was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.

E. D. Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence who is not otherwise eligible for parole shall be eligible for parole and any person who has active sentences that total more than 20 years for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences who is not otherwise eligible for parole shall be eligible for parole. The Board shall review and decide the case of each prisoner who is eligible for parole in accordance with §53.1-154 and rules adopted pursuant to subdivision 2 of §53.1-136.

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