VA HB77 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Summary
Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for the enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits apply retroactively if certain criteria are met. Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses will be scored on the sentencing guidelines, (iv) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for the enhanced earned sentence credits, (v) allowing persons who are ineligible for parole as a result of being convicted of three certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute robbery by presenting of firearms, and (vi) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery. The bill leaves unchanged the current law making all degrees of robbery predicate criminal acts by adding the two lesser degrees of robbery to the definition of "predicate criminal act" and specifying the two higher degrees of robbery are included in the definition of "act of violence." The bill requires the changes made to the eligibility for conditional release of terminally ill prisoners and enhanced earned sentence credits apply retroactively if certain criteria are met.
Title
Robbery; conforms certain provisions of the Code of VA to the degrees of robbery offenses, etc.
Sponsors
Roll Calls
2024-03-01 - House - House: VOTE: Adoption #2 (49-Y 46-N) (Y: 49 N: 46 NV: 0 Abs: 5) [PASS]
2024-03-01 - House - House: VOTE: REJECTED (47-Y 50-N) (Y: 47 N: 50 NV: 0 Abs: 3) [FAIL]
2024-02-28 - Senate - Senate: Passed Senate with substitute (20-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 1) [PASS]
2024-02-27 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-26 - Senate - Senate: Reported from Courts of Justice with substitute (9-Y 5-N) (Y: 9 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (50-Y 47-N) (Y: 50 N: 47 NV: 0 Abs: 3) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice with amendment(s) (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-01-31 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-03-01 - House - House: VOTE: REJECTED (47-Y 50-N) (Y: 47 N: 50 NV: 0 Abs: 3) [FAIL]
2024-02-28 - Senate - Senate: Passed Senate with substitute (20-Y 19-N) (Y: 20 N: 19 NV: 0 Abs: 1) [PASS]
2024-02-27 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-26 - Senate - Senate: Reported from Courts of Justice with substitute (9-Y 5-N) (Y: 9 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-08 - House - House: VOTE: Passage (50-Y 47-N) (Y: 50 N: 47 NV: 0 Abs: 3) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice with amendment(s) (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-01-31 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | House | House sustained Governor's veto |
| 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 | House | Enrolled Bill communicated to Governor on March 11, 2024 |
| 2024-03-08 | Senate | Signed by President |
| 2024-03-07 | House | Signed by Speaker |
| 2024-03-07 | House | Bill text as passed House and Senate (HB77ER) |
| 2024-03-07 | House | Enrolled |
| 2024-03-01 | House | VOTE: Adoption #2 (49-Y 46-N) |
| 2024-03-01 | House | Senate substitute agreed to by House 24108326D-S1 (49-Y 46-N) |
| 2024-03-01 | House | Reconsideration of Senate substitute agreed to by House |
| 2024-03-01 | House | VOTE: REJECTED (47-Y 50-N) |
| 2024-03-01 | House | Senate substitute rejected by House 24108326D-S1 (47-Y 50-N) |
| 2024-02-28 | Senate | Passed Senate with substitute (20-Y 19-N) |
| 2024-02-28 | Senate | Engrossed by Senate - committee substitute HB77S1 |
| 2024-02-28 | Senate | Committee substitute agreed to 24108326D-S1 |
| 2024-02-28 | Senate | Reading of substitute waived |
| 2024-02-28 | Senate | Read third time |
| 2024-02-27 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2024-02-26 | Senate | Committee substitute printed 24108326D-S1 |
| 2024-02-26 | Senate | Reported from Courts of Justice with substitute (9-Y 5-N) |
| 2024-02-09 | Senate | Referred to Committee for Courts of Justice |
| 2024-02-09 | Senate | Constitutional reading dispensed |
| 2024-02-08 | House | VOTE: Passage (50-Y 47-N) |
| 2024-02-08 | House | Read third time and passed House (50-Y 47-N) |
| 2024-02-07 | House | Printed as engrossed 24101214D-E |
| 2024-02-07 | House | Engrossed by House as amended HB77E |
| 2024-02-07 | House | Committee amendments agreed to |
| 2024-02-07 | House | Read second time |
| 2024-02-06 | House | Read first time |
| 2024-02-02 | House | Reported from Courts of Justice with amendment(s) (12-Y 9-N) |
| 2024-01-31 | House | Subcommittee recommends reporting with amendments (5-Y 3-N) |
| 2024-01-30 | House | Assigned Courts sub: Criminal |
| 2023-12-26 | House | Referred to Committee for Courts of Justice |
| 2023-12-26 | House | Prefiled and ordered printed; offered 01/10/24 24101214D |
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 16 | 1 | 309.1 | (n/a) | See Bill Text |
| 16 | 1 | 330.1 | (n/a) | See Bill Text |
| 17 | 1 | 805 | (n/a) | See Bill Text |
| 18 | 2 | 46.1 | (n/a) | See Bill Text |
| 18 | 2 | 50.3 | (n/a) | See Bill Text |
| 18 | 2 | 90 | (n/a) | See Bill Text |
| 19 | 2 | 297.1 | (n/a) | See Bill Text |
| 53 | 1 | 131.2 | (n/a) | See Bill Text |
| 53 | 1 | 151 | (n/a) | See Bill Text |
| 53 | 1 | 165.1 | (n/a) | See Bill Text |
| 53 | 1 | 202.3 | (n/a) | See Bill Text |
| 53 | 1 | 40.02 | (n/a) | See Bill Text |
