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SB100

New sentencing hearing; abolition of parole.

Status:
Killed

Chief Patron:
Jennifer McClellan (D)

Session:
2018 Regular Session

Summary

As Introduced. New sentencing hearing; abolition of parole.

Provides that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the abolition of parole, for a nonviolent felony committed after the time that the abolition of parole went into effect (January 1, 1995), is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that such person shall file a petition for a new sentencing proceeding with the circuit court in which the order of conviction was originally entered. The circuit court shall empanel a new jury for the purpose of conducting the new sentencing proceeding and notify the appropriate attorney for the Commonwealth. The bill also provides that if the attorney for the Commonwealth and the person filing the petition agree, such person may waive his right to a new sentencing proceeding and allow the court to fix punishment. (Less)

  • Bill History

  • 12/12/2017 - Senate: Prefiled and ordered printed; offered 01/10/18 18100811D
  • 12/12/2017 - Senate: Referred to Committee for Courts of Justice
  • 01/16/2018 - Senate: Impact statement from DPB (SB100)
  • 01/17/2018 - Senate: Reported from Courts of Justice (8-Y 7-N)
  • 01/19/2018 - Senate: Constitutional reading dispensed (39-Y 0-N)
  • 01/22/2018 - Senate: Read second time and engrossed
  • 01/23/2018 - Senate: Read third time and passed Senate (20-Y 19-N)   Close Floor Vote
  • 01/23/2018 - Senate: Reconsideration of passage agreed to by Senate (39-Y 0-N)
  • 01/23/2018 - Senate: Passed by for the day
  • 01/24/2018 - Senate: Read third time and defeated by Senate (19-Y 20-N)   Close Floor Vote

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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