HB 2038 Virginia House of Delegates · 2021 Regular Session

Probation, revocation, and suspension of sentence; limitations on sentence, technical violation.

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.
Bill status signed all 5 stages cleared
Introduction
Jan 2021
Committee Review
Feb 2021
House of Delegates Passage
Apr 2021
Senate Passage
Apr 2021
Signed into Law
Apr 2021
Introduced Jan 12, 2021 Signed Apr 7, 2021
Floor votes · Senate Feb 19, 2021 · House of Delegates Feb 1, 2021

How they voted

270
Passed · 6 other
Total votes 33
Feb 19, 2021
D Democratic17
13 Yea 4
76% Yea
R Republican16
14 Yea 2
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
52
Key actions
13
Committee
11
Apr 7, 2021
Executive · Passed
Governor's recommendation adopted
executive
Apr 7, 2021
Upper · Passed
Senate concurred in Governor's recommendation (22-Y 18-N)
upper
Apr 7, 2021
Lower · Passed
House concurred in Governor's recommendation (57-Y 42-N)
lower
Feb 22, 2021
Upper · Passed
Passed Senate with substitute (23-Y 16-N)
upper
Feb 22, 2021
Upper · Passed
Engrossed by Senate - committee substitute HB2038S1
upper
Feb 22, 2021
Upper · Passed
Committee substitute agreed to 21200410D-S1
upper
Feb 19, 2021
Senate · Passed
Senate Vote: pass (27-0-6)
senate
Feb 17, 2021
Upper · Passed
Reported from Judiciary with substitute (9-Y 6-N)
upper
Feb 10, 2021
Committee
Assigned Judiciary sub: Criminal Law
upper
Feb 2, 2021
Committee
Referred to Committee on the Judiciary
upper
Feb 1, 2021
Lower · Passed
Read third time and passed House (57-Y 43-N)
lower
Jan 27, 2021
Lower · Passed
Reported from Courts of Justice with substitute (11-Y 10-N)
lower
Jan 27, 2021
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Jan 22, 2021
Lower · Passed
Subcommittee recommends reporting with substitute (6-Y 2-N)
lower
Jan 22, 2021
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 21, 2021
Committee
Assigned Courts sub: Criminal
lower
Jan 12, 2021
Committee
Referred to Committee for Courts of Justice
lower
Jan 12, 2021
Introduced
Prefiled and ordered printed; offered 01/13/21 21102555D
lower
1 primary · 75 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Don Scott
Don Scott
DDemocratic
VA
88
Co
Photo of Adam Ebbin
Adam Ebbin
DDemocratic
VA
39
Co
Photo of Alex Q. Askew
Alex Q. Askew
DDemocratic
VA
85
Co
Photo of Alfonso Lopez
Alfonso Lopez
DDemocratic
VA
3
Co
Photo of Angelia Graves
Angelia Graves
DDemocratic
VA
21
Co
Photo of Barbara Favola
Barbara Favola
DDemocratic
VA
40
Co
Photo of Betsy Carr
Betsy Carr
DDemocratic
VA
78
Co
Photo of Candi King
Candi King
DDemocratic
VA
23
Co
CP
Chap Petersen
DDemocratic
VA
34
Co
Photo of Charniele Herring
Charniele Herring
DDemocratic
VA
4
Co
Photo of Chris L. Hurst
Chris L. Hurst
DDemocratic
VA
12