Bill Text: VA SB793 | 2020 | Regular Session | Enrolled


Bill Title: Parole; exception to limitation on the application of parole statutes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2020-03-20 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020 [SB793 Detail]

Download: Virginia-2020-SB793-Enrolled.html

VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §53.1-165.1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes.
[S 793]
Approved

Be it enacted by the General Assembly of Virginia:

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

§53.1-165.1. Limitation on the application of parole statutes.

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. 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. The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B consistent with the provisions of §53.1-154.

D. Any person who meets eligibility criteria for parole under subsection B and pursuant to §53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.

feedback