SENTENCING BILLS 2025

​​​

APPROVED BY THE GOVERNOR​​

​

HB2322 Appointment of counsel for accused; felonies punishable by mandatory minimum term of confinement.
Introduced by Will Davis [R]

View the bill here.
Provides that in any case in which an indigent defendant is charged with any felony punishable by a mandatory minimum term of confinement for life, the court shall appoint to represent the defendant two competent, qualified, and experienced attorneys, one of whom shall be from the public defender office if the defendant is charged in a jurisdiction in which a public defender office is established. Current law requires the court to appoint two such attorneys in cases in which an indigent defendant is charged with a Class 1 felony is preserved.
01/20/2025 House Subcommittee recommends reporting (8-Y 0-N)

01/24/2025 Reported from Courts of Justice and referred to Appropriations (22-Y 0-N) 
01/27/2025 Fiscal Impact Statement from Department of Planning and Budget (HB2322)    
01/27/2025 Assigned Approps sub: General Government and Capital Outlay
01/27/2025 Subcommittee recommends reporting (8-Y 0-N)
01/29/2025 Reported from Appropriations (21-Y 0-N) 

0​2/4/2025 Passed House (99-Y 0-N)  
02/12/2025 Senate: Reported from Courts of Justice and rereferred to Finance and Appropriations (15-Y 0-N)

02/17/2025 Reported from Finance and Appropriations with substitute (14-Y 0-N) 
02/20/2025 Finance and Appropriations Substitute agreed to    
02/20/2025 Passed Senate with substitute (39-Y 0-N)  
02/20/2025 Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
02/20/2025 Passed Senate with substitute (39-Y 0-N) 
02/20/2025  Senate substitute rejected by House (0-Y 96-N)
02/20/2025 Senate insisted on substitute (38-Y 0-N) 
02/20/2025 Senate requested conference committee    
02/20/2025 House acceded to request    
02/20/2025 Conferees appointed by House    
02/20/2025 House Delegates: Herring, Keys-Gamarra, Davis    
02/20/2025 Conferees appointed by Senate    
02/20/2025  Senators: Surovell, Carroll Foy, McDougle    
02/22/2025  Amended by conference committee

03/19/2025 Approved by Governor-Chapter 170 (Effective 07/01/25)    
03/19/2025 Acts of Assembly Chapter text (CHAP0170)

​​​

PENDING BILL

​

SB746 Felony homicide; certain drug offenses, penalty.

Status: Passed House and Senate with a substitute

Introduced by: Ryan T. McDougle (Chief Patron) [R]

View the bill here.​​

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.​

11/18/24 Referred to Committee on the Courts of Justice   

01/10/2025 Fiscal Impact Statement from Department of Planning and Budget (SB746)    

01/27/2025 Incorporates SB1235 (DeSteph)
01/27/2025 Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (13-Y 1-N) 
01/29/2025  Reported from Finance and Appropriations (12-Y 1-N 2-A)

02/04/2025 Read third time and passed Senate (33-Y 6-N)    
02/13/2025 Passed House with substitute (95-Y 2-N)  
02/17/2025 House substitute rejected by Senate (18-Y 21-N)
02/18/2025 House insisted on substitute    
02/18/2025 House requested conference committee    
02/19/2025 Senate acceded to request (40-Y 0-N)   
02/19/2025 Conferees appointed by Senate    
02/19/2025 Senators: Surovell, Perry, McDougle    
02/20/2025 Conferees appointed by House    
02/20/2025 Delegates: Thomas, Delaney, Ballard    
02/21/2025 Amended by conference committee    
02/21/2025 Conference report agreed to by House (91-Y 2-N 0-A)   
02/21/2025 Conference report agreed to by Senate (34-Y 3-N)

​​

​

FAILED BILLS

​​

HB1556 Crim. sex. assault & commercial sex trafficking committed against children; authority of Attor. Gen.

Introduced by: Wren M. Williams (Chief Patron) [R]

Status: FAILED

View the bill here.
Authority of Attorney General; criminal cases; criminal sexual assault and commercial sex trafficking committed against children. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of criminal sexual assault or commercial sex trafficking when such crimes are committed against children.
11/20/2024 Referred to Committee for Courts of Justice    
01/09/2025  Fiscal Impact Statement from the Department of Planning and Budget 

01/12/2025 Assigned Courts sub: Criminal    Show links
01/15/2025  Subcommittee recommends laying on the table (5-Y 3-N)

​

HB2168 Felony homicide; certain drug offenses, penalty.
Introduced by C. Todd Gilbert [R]

Status: FAILED
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.    
01/15/2025 Fiscal Impact Statement from Department of Planning and Budget

02/04/2025 House: Left in Courts of Justice

​

SB 427 Petition for modification of a sentence; eligibility, procedures {Second Look]

Status: FAILED
Introduced by: R. Creigh Deeds [D]
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.

View the bill here.

02/23/2024  House: Reported from Courts of Justice (12-Y 9-N)

02/23/2024  House: Referred to Committee on Appropriations

02/28/2024  House: Continued to 2025 in Appropriations by voice vote​

11/18/2024 House: Left in Appropriations

​

​