VA SB334 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 2-0)
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - Passed by for the day
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - Passed by for the day
Text: Latest bill text (Enrolled) [HTML]
Summary
Plea agreements; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2024, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy. Plea agreements; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2024, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy. The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth (a) as a condition for participation in a specialty docket or (b) in a case involving a sexual offense where the victim is under 18 years of age. The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation or post-release supervision imposed against the defendant; if the defendant is not placed on supervised probation or post-release supervision, it shall be no longer than the period of suspension of sentence or post-release incarceration imposed against such defendant.
Title
Plea agreements and court orders; prohibited provisions.
Sponsors
Roll Calls
2024-03-01 - Senate - Senate: House substitute agreed to by Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-28 - House - House: VOTE: Passage (51-Y 49-N) (Y: 51 N: 49 NV: 0 Abs: 0) [PASS]
2024-02-23 - House - House: Reported from Courts of Justice with substitute (11-Y 10-N) (Y: 11 N: 10 NV: 0 Abs: 1) [PASS]
2024-02-21 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Passed Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-12 - Senate - Senate: Reported from Courts of Justice with substitute (6-Y 4-N) (Y: 6 N: 4 NV: 0 Abs: 0) [PASS]
2024-02-28 - House - House: VOTE: Passage (51-Y 49-N) (Y: 51 N: 49 NV: 0 Abs: 0) [PASS]
2024-02-23 - House - House: Reported from Courts of Justice with substitute (11-Y 10-N) (Y: 11 N: 10 NV: 0 Abs: 1) [PASS]
2024-02-21 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Passed Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-12 - Senate - Senate: Reported from Courts of Justice with substitute (6-Y 4-N) (Y: 6 N: 4 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | Senate | Passed by for the day |
| 2024-03-20 | Governor: Vetoed by Governor | |
| 2024-03-11 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-11 | Senate | Enrolled Bill Communicated to Governor on March 11, 2024 |
| 2024-03-07 | Senate | Signed by President |
| 2024-03-06 | House | Signed by Speaker |
| 2024-03-06 | Senate | Bill text as passed Senate and House (SB334ER) |
| 2024-03-06 | Senate | Enrolled |
| 2024-03-01 | Senate | Title replaced 24108134D-H1 |
| 2024-03-01 | Senate | House substitute agreed to by Senate (21-Y 19-N) |
| 2024-02-28 | House | VOTE: Passage (51-Y 49-N) |
| 2024-02-28 | House | Passed House with substitute (51-Y 49-N) |
| 2024-02-28 | House | Engrossed by House - committee substitute SB334H1 |
| 2024-02-28 | House | Committee substitute agreed to 24108134D-H1 |
| 2024-02-28 | House | Read third time |
| 2024-02-27 | House | Read second time |
| 2024-02-23 | House | Committee substitute printed 24108134D-H1 |
| 2024-02-23 | House | Reported from Courts of Justice with substitute (11-Y 10-N) |
| 2024-02-21 | House | Subcommittee recommends reporting with substitute (5-Y 3-N) |
| 2024-02-20 | House | Assigned Courts sub: Criminal |
| 2024-02-16 | House | Referred to Committee for Courts of Justice |
| 2024-02-16 | House | Read first time |
| 2024-02-16 | House | Placed on Calendar |
| 2024-02-13 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-13 | Senate | Passed Senate (21-Y 19-N) |
| 2024-02-13 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-13 | Senate | Engrossed by Senate - committee substitute SB334S1 |
| 2024-02-13 | Senate | Committee substitute agreed to 24107679D-S1 |
| 2024-02-13 | Senate | Reading of substitute waived |
| 2024-02-13 | Senate | Read second time |
| 2024-02-12 | Senate | Committee substitute printed 24107679D-S1 |
| 2024-02-12 | Senate | Reported from Courts of Justice with substitute (6-Y 4-N) |
| 2024-01-10 | Senate | Moved from Judiciary to Courts of Justice due to a change of the committee name |
| 2024-01-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-01-09 | Senate | Prefiled and ordered printed; offered 01/10/24 24103710D |
