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2024 Sentencing Bills

 

HB 653 Adoption of initial discretionary sentencing guideline midpoints; violent felony offenses.
Introduced by: Carrie E. Coyner [D]
Removes certain felony offenses from the list of violent felony offenses for the adoption of initial discretionary sentencing guideline midpoints.
01/09/24  House: Referred to Committee for Courts of Justice

01/30/24  House: Assigned Courts sub: Criminal
01/31/24  House: Subcommittee recommends reporting (7-Y 1-N)

02/02/24  House: Reported from Courts of Justice (17-Y 4-N)
02/08/24  House: VOTE: Passage (64-Y 33-N)

02/09/24  Senate: Referred to Committee for Courts of Justice

2/28/24  Senate: Reported from Courts of Justice (9-Y 6-N)
03/05/24  Senate: Passed Senate (21-Y 19-N)

04/08/24  House: Governor's recommendation received by House
Go to  bill here.

APPROVED

HB 1268 Community corrections alternative program; evaluation and diagnosis to determine eligibility.
Introduced by: Karrie K. Delaney [D]
Provides that a probation and parole officer may refer a defendant on probation to the Department of Corrections for evaluation and diagnosis to determine eligibility and suitability for participation in the community corrections alternative program prior to the approval of the court. Under current law, such referral may take place with the approval of the court. The bill also makes technical amendments.
01/10/24  House: Referred to Committee for Courts of Justice

01/30/24  House: Assigned Courts sub: Criminal

01/31/24  House: Subcommittee recommends reporting (8-Y 0-N)

02/02/24  House: Reported from Courts of Justice (21-Y 0-N)02/08/24  House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/08/24  House: VOTE: Block Vote Passage (98-Y 0-N)

02/09/24  Senate: Referred to Committee on Rehabilitation and Social Services

02/23/24  Senate: Reported from Rehabilitation and Social Services (15-Y 0-N)
02/23/24  Senate: Rereferred to Finance and Appropriations

02/23/24  House: Senate amendments agreed to by House (53-Y 43-N)
02/23/24  House: VOTE: Adoption (53-Y 43-N)

02/28/24  Senate: Reported from Finance and Appropriations (15-Y 0-N)
03/01/24  Senate: Passed Senate (40-Y 0-N)
03/07/24  House: Bill text as passed House and Senate (HB1268ER)

03/08/24  Senate: Signed by President

03/11/24  House: Enrolled Bill communicated to Governor on March 11, 2024
04/08/24  Governor: Approved by Governor-Chapter 650 (effective 7/1/24)

Go to bill here.

VOTED TO CONTINUE TO 2025

SB 427 Petition for modification of a sentence; eligibility; procedures. (*Second Look)
Introduced by: R. Creigh Deeds [D]
Provides a process for a person serving a sentence for any conviction or a combination of any convictions who remains incarcerated in a state or local correctional facility or secure facility and meets 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.
01/09/24  Senate: Referred to Committee for Courts of Justice

02/05/24  Senate: Reported from Courts of Justice with substitute (9-Y 6-N)
02/05/24  Senate: Rereferred to Finance and Appropriations

02/07/24  Senate: Reported from Finance and Appropriations (9-Y 5-N 1-A)

02/13/24  Senate: Floor substitute printed 24107685D-S3 (Deeds)

02/13/24  Senate: Constitutional reading dispensed (40-Y 0-N)
02/13/24  Senate: Passed Senate (21-Y 19-N)

02/16/24  House: Referred to Committee for Courts of Justice

02/21/24  House: Subcommittee recommends reporting (6-Y 2-N)
02/21/24  House: Subcommittee recommends referring to Committee on Appropriations

02/21/24  House: Subcommittee recommends reporting (6-Y 2-N)
02/21/24  House: Subcommittee recommends referring to Committee on Appropriations

02/23/24  House: Reported from Courts of Justice (12-Y 9-N)
02/23/24  House: Referred to Committee on Appropriations

02/28/24  House: Continued to 2025 in Appropriations by voice vote
Go to bill here.

                                                                                                                     VETOED

HB 77 Robbery; conforms certain provisions of the Code of VA to the degrees of robbery offenses, etc.
Introduced by: Vivian E. Watts [D]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 two 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) 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, (iii) 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 any of the three lesser degrees of robbery, and (iv) 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 adding the two higher degrees of robbery to the definition of "act of violence."
12/26/23  House: Referred to Committee for Courts of Justice
01/30/24  House: Assigned Courts sub: Criminal
01/31/24  House: Subcommittee recommends reporting with amendments (5-Y 3-N)
02/07/24  House: Committee amendments agreed to
02/07/24  House: Engrossed by House as amended HB77E
02/08/24  House: Read third time and passed House (50-Y 47-N)02/09/24  Senate: Referred to Committee for Courts of Justice
02/09/24  Senate: Referred to Committee for Courts of Justice
02/26/24  Senate: Reported from Courts of Justice with substitute (9-Y 5-N)
02/28/24  Senate: Engrossed by Senate - committee substitute HB77S1
02/28/24  Senate: Passed Senate with substitute (20-Y 19-N)
03/01/24  House: Senate substitute rejected by House 24108326D-S1 (47-Y 50-N)
03/01/24  House: VOTE: REJECTED (47-Y 50-N)
03/01/24  House: Reconsideration of Senate substitute agreed to by House
03/01/24  House: Senate substitute agreed to by House 24108326D-S1 (49-Y 46-N)
03/01/24  House: VOTE: Adoption #2 (49-Y 46-N)
03/07/24  House: Bill text as passed House and Senate (HB77ER)
03/08/24  Senate: Signed by President
03/11/24  House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24  Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
Go to bill here.

 

HB 1252 Limitation on sentence upon revocation of suspension of sentence; technical violations.
Introduced by: Adele Y. McClure [D]
Provides that when conducting a revocation hearing, the court shall consider at the same revocation hearing all alleged technical violations that occurred prior to such revocation hearing and have not been previously considered by the court. The bill also requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall adjudicate such violation within 14 days of the defendant being taken into custody. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days.
01/10/24  House: Referred to Committee for Courts of Justice

01/30/24  House: Assigned Courts sub: Criminal
01/31/24  House: Subcommittee recommends reporting (7-Y 1-N)

02/02/24  House: Reported from Courts of Justice (17-Y 4-N)
02/08/24  House: VOTE: Passage (62-Y 36-N)

02/09/24  Senate: Referred to Committee for Courts of Justice

02/19/24  Senate: Reported from Courts of Justice with amendments (8-Y 4-N)

02/21/24  Senate: Passed Senate with amendments (21-Y 19-N)

02/23/24  House: Senate amendments agreed to by House (53-Y 43-N)
02/23/24  House: VOTE: Adoption (53-Y 43-N)
02/28/24  House: Bill text as passed House and Senate (HB1252ER)

02/28/24  House: Signed by Speaker
03/02/24  Senate: Signed by President

03/11/24  House: Enrolled Bill communicated to Governor on March 11, 2024
03/11/24  Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024

03/20/24  Governor: Vetoed by Governor
Go to bill here.

 

FAILED BILLS
 

HB 179 Imprisonment; consecutive terms.
Introduced by: Debra D. Gardner [D]
Consecutive terms of imprisonment. Eliminates the required imposition of mandatory consecutive sentences of imprisonment.
01/03/24  House: Referred to Committee for Courts of Justice
01/30/24  House: Assigned Courts sub: Criminal

01/31/24  House: Subcommittee recommends reporting (7-Y 1-N)
01/31/24  House: Subcommittee recommends referring to Committee on Appropriations

02/05/24  House: Assigned App. sub: Transportation & Public Safety

02/09/24  House: Subcommittee recommends reporting (4-Y 3-N)
02/09/24  House: Reported from Appropriations (12-Y 8-N)

02/13/24  House: No further action taken
02/13/24  House: Failed to pass in House

Go to bill here.

HB 379 Sentencing guidelines; violent felony offenses; purchasing or selling of minors.
Introduced by: Mike A. Cherry [R]
Sentencing guidelines; violent felony offenses; purchasing or selling of minors. Adds the crime of purchasing or selling of minors to the list of violent felony offenses.
01/07/24  House: Referred to Committee for Courts of Justice

02/13/24  House: Left in Courts of Justice
Go to bill here.

HB 394 Capital murder; death penalty. 

Introduced by: Tim Griffin (by request) [R]

Authorizes punishment by death for capital murder. The bill also provides that the Supreme Court of Virginia shall give priority to the review of cases in which the sentence of death has been imposed over other cases pending in the Court, and that the provisions of the bill are severable.

01/08/24  House: Referred to Committee for Courts of Justice

01/16/24  House: Assigned Courts sub: Criminal

01/17/24  House: Subcommittee recommends laying on the table (6-Y 2-N)

Go to bill here.

 

HB 399 Punishment for conviction of second or subsequent misdemeanor larceny; penalties. 

Introduced by: Tim Griffin (by request) [R]

Provides that any person convicted of a second larceny offense shall be confined in jail not less than 30 days nor more than 12 months and that for a third or any subsequent larceny offense, such person is guilty of a Class 6 felony.01/08/24  House: Referred to Committee for Courts of Justice

01/16/24  House: Assigned Courts sub: Criminal

01/17/24  House: Subcommittee recommends laying on the table (5-Y 3-N)

Go to bill here.

 

HB 400 Probation, revocation, and suspension of sentence; repeal. 

Introduced by: Tim Griffin (by request) [R]

Repeals the limitations on the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation or violation of the terms and conditions of a suspended sentence. Under current law, there are limitations on the amount of active incarceration a court can impose for defined technical violations. The bill also removes limitations on the lengths of a period of probation and a period of suspension of a sentence that may be fixed by the court. Under current law, 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, with some exceptions. The bill also makes changes to the time periods within which a court must issue process to notify the accused of a revocation hearing.

01/16/24  House: Assigned Courts sub: Criminal

01/17/24  House: Subcommittee recommends laying on the table (5-Y 3-N)

Go to bill here.


HB 439 Possession of controlled substances unlawful; second or subsequent conviction; mandatory minimum.
Introduced by: Jonathan "Jed" Arnold [R]
Possession of controlled substances unlawful; second or subsequent conviction; mandatory minimum. Provides that the sentence of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act for (i) a second offense within less than five years shall include a mandatory minimum sentence of 20 days and a mandatory minimum fine of $500; (ii) a second offense within 10 years shall include a mandatory minimum sentence of 45 days and a mandatory minimum fine of $500; (iii) three offenses within 10 years shall include a mandatory minimum sentence of 90 days and a mandatory minimum fine of $500, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months and a mandatory minimum fine of $1,000; and (iv) a fourth or subsequent offense within 10 years shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $1,000.
The bill also provides that the driver's license of any person convicted of possession of any controlled substance classified in Schedule I or II of the Drug Control Act (a) may be suspended for a period of up to 30 days for the first offense and (b) shall be suspended for a period of 30 days for the second and subsequent offenses.
01/08/24  House: Referred to Committee for Courts of Justice

02/13/24  House: Left in Courts of Justice
Go to bill here.


HB 448 Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty.
Introduced by: Chris Obenshain (by request) [R]
Marijuana presumption; driving or operating a motor vehicle, etc., while intoxicated; penalty. Establishes a presumption of intoxication if a person has a blood concentration equal to or greater than 0.004 milligrams of delta-9-tetrahydrocannabinol per liter of blood.
01/08/24  House: Referred to Committee for Courts of Justice

02/13/24  House: Left in Courts of Justice
Go to bill here.

HB 450 Manufacturing, selling, giving, distributing, etc., fentanyl; mandatory minimum.
Introduced by: Chris Obenshain (by request) [R]
Provides that any person who (i) manufactures, sells, gives, distributes, or possesses with intent to manufacture, sell, give or distribute fentanyl and (ii) does so within the geographic limits of any participating locality under the Opioid Abatement Authority shall upon conviction be imprisoned for not less than five nor more than 40 years, two years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence, and be fined not more than $500,000.
01/08/24  House: Referred to Committee for Courts of Justice

02/13/24  House: Left in Courts of Justice
Go to bill here.

HB 553 Firearms-related offenses; mandatory minimum sentences, penalty.
Introduced by: Chris Obenshain (by request) [R]
Increases from five to 10 years for a second or subsequent offense the mandatory minimum sentences for use or display of a firearm during the commission of certain felonies.
01/09/24  House: Referred to Committee for Courts of Justice

02/13/24  House: Left in Courts of Justice
Go to bill here.

HB 834 Petition for modification of a sentence; eligibility; procedures. (*Second Look)
Introduced by: Rae Cousins [D]
Petition for modification of a sentence; eligibility; procedures. Provides a process for a person serving a sentence for any conviction or a combination of any convictions who remains incarcerated in a state or local correctional facility or secure facility and meets 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.

01/09/24  House: Referred to Committee for Courts of Justice

01/30/24  House: Assigned Courts sub: Criminal

01/31/24  House: Subcommittee recommends reporting with substitute (5-Y 2-N)
01/31/24  House: Subcommittee recommends referring to Committee on Appropriations

02/07/24  House: Reported from Courts of Justice with substitute (13-Y 9-N)
02/07/24  House: Referred to Committee on Appropriations

02/13/24  House: Left in Appropriations
Go to bill here.

 

HB 956 Misdemeanor; maximum term of confinement.
Introduced by: Alfonso H. Lopez [D]
Misdemeanor; maximum term of confinement. Reduces from 12 months to 364 days the maximum term of confinement in jail for a Class 1 misdemeanor. The bill contains technical amendments.
01/09/24  House: Referred to Committee for Courts of Justice

01/26/24  House: Assigned Courts sub: Criminal
01/29/24  House: Subcommittee recommends reporting with amendments (6-Y 2-N)

02/07/24  House: Motion to refer to committee agreed to
02/07/24  House: Referred to Committee on Appropriations

02/13/24  House: Left in Appropriations
Go to bill 
here.

SB 52 Felony homicide; certain drug offenses, penalty. 
Introduced by: Ryan T. McDougle [R]
Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.
12/22/23  Senate: Referred to Committee on the Judiciary

01/17/24  Senate: Passed by indefinitely in Courts of Justice (8-Y 7-N)
Go to bill here.

SB 77 Larceny; punishment for conviction of fourth or subsequent misdemeanor, penalty. 
Introduced by: Mark J. Peake [R]
Punishment for conviction of fourth or subsequent misdemeanor larceny; penalty. Provides that any person convicted of a fourth or subsequent larceny offense, regardless of whether the prior convictions were misdemeanors or felonies, or any combination thereof, is guilty of a Class 6 felony.
12/30/23  Senate: Referred to Committee for Courts of Justice
01/10/24  Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
01/15/24  Senate: Passed by indefinitely in Courts of Justice (8-Y 7-N)
Go to bill here.

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