Virginia House Bill 2038
Session 2021
Probation, revocation, and suspension of sentence; limitations on sentence, technical violation.
Became Law
Became Law on Apr 7, 2021
Origin Chamber
House
Type
Bill
Bill Number
2038
State
Virginia
Session
2021
Don L. Scott
grade
Primary
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Motion Text
VOTE: Adoption (57-Y 42-N)
House Roll Call Votes
Didn't Vote
Yes
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Summary
Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a courtcan impose as a result of a revocation hearing for a probation violation.The bill provides that a court may not impose a sentence of incarcerationfor a first technical violation and may impose no more than (i) 14days for a second violation or (ii) 30 days for a third or subsequentviolation. Additionally, for a third or subsequent technical violation,a court may impose any sentencing alternatives that were availableat the time of initial sentencing. The bill also provides that acourt may place a defendant on probation for a period of not morethan the maximum period for which the defendant may have been sentenced,or not more than five years, whichever is less. The bill also providesthat a court must measure any period of suspension of sentence fromthe date of entry of the original judgment order.
Committee substitute printed 21103781D-H1
January 27, 2021
Committee substitute printed 21200410D-S1
February 17, 2021
Amendment: HB2038AG
Amendment: HB2038AG.
Fiscal Impact Statement: HB2038F122.PDF
Fiscal Impact Statement: HB2038FH2122.PDF
04/07/2021
House
Enacted, Chapter 538 (effective 7/1/21)
04/07/2021
Senate
Signed by President as reenrolled
04/07/2021
House
Signed by Speaker as reenrolled
04/07/2021
House
Reenrolled bill text (HB2038ER2)
04/07/2021
House
Reenrolled
04/07/2021
Office of the Governor
Governor's recommendation adopted
04/07/2021
Senate
Senate concurred in Governor's recommendation (22-Y 18-N)
04/07/2021
House
VOTE: Adoption (57-Y 42-N)
04/07/2021
House
House concurred in Governor's recommendation (57-Y 42-N)
04/07/2021
House
Placed on Calendar
03/31/2021
House
Governor's recommendation received by House
03/01/2021
Office of the Governor
Governor's Action Deadline 11:59 p.m., March 31, 2021
03/01/2021
House
Enrolled Bill communicated to Governor on March 1, 2021
02/26/2021
House
Signed by Speaker
02/25/2021
Senate
Signed by President
02/25/2021
House
Impact statement from DPB (HB2038ER)
02/25/2021
House
Enrolled
02/23/2021
House
VOTE: Adoption (57-Y 39-N)
02/23/2021
House
Senate substitute agreed to by House 21200410D-S1 (57-Y 39-N)
02/23/2021
House
Placed on Calendar
02/22/2021
House
Impact statement from DPB (HB2038S1)
02/22/2021
Senate
Passed Senate with substitute (23-Y 16-N)
02/22/2021
Senate
Engrossed by Senate - committee substitute HB2038S1
02/22/2021
Senate
Committee substitute agreed to 21200410D-S1
02/22/2021
Senate
Reading of substitute waived
02/22/2021
Senate
Read third time
02/19/2021
Senate
Constitutional reading dispensed (32-Y 0-N)
02/17/2021
Senate
Committee substitute printed 21200410D-S1
02/17/2021
Senate
Reported from Judiciary with substitute (9-Y 6-N)
02/10/2021
Senate
Assigned Judiciary sub: Criminal Law
02/05/2021
Senate
Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
02/04/2021
House
Impact statement from DPB (HB2038H2)
02/02/2021
Senate
Referred to Committee on the Judiciary
02/02/2021
Senate
Constitutional reading dispensed
02/01/2021
House
VOTE: Passage (57-Y 43-N)
02/01/2021
House
Read third time and passed House (57-Y 43-N)
01/29/2021
House
Engrossed by House - floor substitute HB2038H2
01/29/2021
House
Substitute by Delegate Scott agreed to 21104033D-H2
01/29/2021
House
Committee substitute rejected 21103781D-H1
01/29/2021
House
Read second time
01/29/2021
House
Floor substitute printed 21104033D-H2 (Scott)
01/28/2021
House
Read first time
01/27/2021
House
Reported from Courts of Justice with substitute (11-Y 10-N)
01/27/2021
House
Committee substitute printed 21103781D-H1
01/27/2021
House
House committee, floor amendments and substitutes offered
01/22/2021
House
Subcommittee recommends reporting with substitute (6-Y 2-N)
01/22/2021
House
Subcommittee recommends reporting with substitute (6-Y 2-N)
01/22/2021
House
Impact statement from DPB (HB2038)
01/22/2021
House
House subcommittee amendments and substitutes offered
01/21/2021
House
Assigned Courts sub: Criminal
01/12/2021
House
Referred to Committee for Courts of Justice
01/12/2021
House
Prefiled and ordered printed; offered 01/13/21 21102555D
Sources
Open States
Record Created
Jan 13, 2021 9:02:15 AM
Record Updated
Apr 14, 2021 6:05:47 PM