Bill Sponsor
Virginia House Bill 2038
Session 2021
Probation, revocation, and suspension of sentence; limitations on sentence, technical violation.
Became Law
Became Law
Became Law on Apr 7, 2021
First Action
Jan 12, 2021
Latest Action
Apr 7, 2021
Origin Chamber
House
Type
Bill
Bill Number
2038
State
Virginia
Session
2021
Sponsorship by Party
Democrat
Primary
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
Democrat
Cosponsor
House Votes (6)
Senate Votes (5)
Motion Text
VOTE: Adoption (57-Y 42-N)
House Roll Call Votes
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.
Sources
Record Created
Jan 13, 2021 9:02:15 AM
Record Updated
Apr 14, 2021 6:05:47 PM