VA SB427 | 2024 | Regular Session

Note: Carry Foward to future SB427

Status

Spectrum: Partisan Bill (Democrat 3-0)
Status: Engrossed on February 13 2024 - 50% progression, died in committee
Action: 2024-02-28 - Continued to 2025 in Appropriations by voice vote
Pending: House Appropriations Committee
Text: Latest bill text (Amended) [HTML]

Summary

Petition for modification of a sentence; eligibility; procedures. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill does not allow an individual convicted of a Class 1 felony to petition for modification of his sentence. The bill requires the attorney for the Commonwealth and the victim to agree to hearing the petition in order for a court to conduct the hearing. Petition for modification of a sentence; eligibility; procedures. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill does not allow an individual convicted of a Class 1 felony to petition for modification of his sentence. The bill requires the attorney for the Commonwealth and the victim to agree to hearing the petition in order for a court to conduct the hearing.

Tracking Information

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Title

Petition for modification of a sentence; eligibility, procedures.

Sponsors


Roll Calls

2024-02-23 - House - House: Reported from Courts of Justice (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-02-21 - House - House: Subcommittee recommends reporting (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 1) [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]
2024-02-08 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-07 - Senate - Senate: Reported from Finance and Appropriations (9-Y 5-N 1-A) (Y: 9 N: 5 NV: 1 Abs: 0) [PASS]
2024-02-05 - Senate - Senate: Reported from Courts of Justice with substitute (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2024-02-28HouseContinued to 2025 in Appropriations by voice vote
2024-02-23HouseReferred to Committee on Appropriations
2024-02-23HouseReported from Courts of Justice (12-Y 9-N)
2024-02-21HouseSubcommittee recommends referring to Committee on Appropriations
2024-02-21HouseSubcommittee recommends reporting (6-Y 2-N)
2024-02-20HouseAssigned Courts sub: Criminal
2024-02-16HouseReferred to Committee for Courts of Justice
2024-02-16HouseRead first time
2024-02-16HousePlaced on Calendar
2024-02-13SenatePassed Senate (21-Y 19-N)
2024-02-13SenateConstitutional reading dispensed (40-Y 0-N)
2024-02-13SenateEngrossed by Senate - floor substitute SB427S3
2024-02-13SenateSubstitute by Senator Deeds agreed to 24107685D-S3
2024-02-13SenateSubstitute by Senator Deeds withdrawn 24107608D-S2
2024-02-13SenateCommittee substitute rejected 24107032D-S1
2024-02-13SenateRead second time
2024-02-13SenateFloor substitute printed 24107685D-S3 (Deeds)
2024-02-12SenatePassed by for the day
2024-02-12SenateFloor substitute printed 24107608D-S2 (Deeds)
2024-02-09SenatePassed by for the day
2024-02-09SenateRead second time
2024-02-09SenatePassed by for the day
2024-02-08SenateConstitutional reading dispensed (40-Y 0-N)
2024-02-07SenateReported from Finance and Appropriations (9-Y 5-N 1-A)
2024-02-05SenateRereferred to Finance and Appropriations
2024-02-05SenateCommittee substitute printed 24107032D-S1
2024-02-05SenateReported from Courts of Justice with substitute (9-Y 6-N)
2024-01-09SenateReferred to Committee for Courts of Justice
2024-01-09SenatePrefiled and ordered printed; offered 01/10/24 24101323D

Same As/Similar To

SB427 (Carry Over) 2024-02-28 - Continued to 2025 in Appropriations by voice vote

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
192303.03(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+SB427
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB427+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB427S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB427S2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB427S3+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/24107032D.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB427R110+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB427FS3122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S13V0092+SB0427
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S05V0196+SB0427
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0287SB0427+SB0427
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0421SB0427+SB0427
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0422SB0427+SB0427
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H0801V0158+SB0427
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H08V0320+SB0427

Bill Comments

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