HB79
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Campbell, R.R. |
Traffic offenses, certain; issuing citations. |
Summary:
Issuing citations; certain traffic offenses.
Removes the provisions that provide that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle, and the accompanying the exclusionary provisions.
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Fiscal Impact
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Last Five Actions:
2/10/2022 - Read second time 2/10/2022 - Committee substitute agreed to 22105519D-H1 2/10/2022 - Engrossed by House - committee substitute HB79H1 2/11/2022 - Read third time and passed House (52-Y 45-N) 2/11/2022 - VOTE: Passage (52-Y 45-N)
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Senate Committee Actions:
2/14/2022 - Constitutional reading dispensed 2/14/2022 - Referred to Committee on the Judiciary 2/28/2022 - Passed by indefinitely in Judiciary (9-Y 6-N)
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Subcommittee #1
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Subcommittee recommends reporting with substitute (5-Y 3-N)
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HB122
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Wyatt |
Issuing citations; certain traffic offenses, exclusion of evidence. |
Summary:
Issuing citations; certain traffic offenses;exclusion of evidence.
Removes the provisions stating that no law-enforcement officer may lawfully stop a motor vehicle for operating(i) with an expired registration sticker prior to the first day ofthe fourth month after the original expiration date; (ii) with defectiveand unsafe equipment; (iii) without tail lights or brake lights;(iv) without an exhaust system in good working order; (v) with certain signs, posters, stickers or decals; (vi) with objects or other equipmentsuspended so as to obstruct the driver's view; or (vii) with an expired inspection prior to the first day of the fourth month after the original expiration date, as well as the accompanying exclusionary provisions.
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Fiscal Impact
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Last Five Actions:
1/7/2022 - Prefiled and ordered printed; offered 01/12/22 22101544D 1/7/2022 - Referred to Committee for Courts of Justice 1/19/2022 - Impact statement from DPB (HB122) 1/25/2022 - Assigned Courts sub: Subcommittee #1 2/15/2022 - Left in Courts of Justice
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HB375
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Williams Graves |
Fines and costs; period of limitations on collection. |
Summary:
Fines and costs; period of limitations on collection.Changes the period of limitations for the collection of courtfines and costs from within 60 years from the date of the offenseor delinquency giving rise to imposition of such penalty if imposedby a circuit court or within 30 years if imposed by a general districtcourt to within three years from the date of the judgment whetherimposed by a circuit court or general district court.
The bill also states that upon the expiration of the period of limitations, thefines imposed and costs taxed are extinguished and there shall beno right to collect the debt and that the period of limitations shallnot be extended or revived on account of a partial payment; a writtenor verbal affirmation of any fines, monetary penalties, or costs; or a change in collection methods.
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Last Five Actions:
1/11/2022 - Referred to Committee for Courts of Justice 1/18/2022 - Assigned Courts sub: Subcommittee #1 1/19/2022 - House subcommittee amendments and substitutes offered 1/26/2022 - Subcommittee recommends laying on the table (5-Y 3-N) 2/15/2022 - Left in Courts of Justice
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Subcommittee #1
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Subcommittee recommends laying on the table (5-Y 3-N)
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HB428
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Willett |
Drug-related investigations; use of confidential informants. |
Summary:
Use of confidential informants in drug-related investigations.
Directs the Department of Criminal Justice Servicesto establish a model policy for the use of confidential informantsin drug-related investigations and to include in such model policythat (i) no individual currently on probation may serve as a confidentialinformant without notice to his probation or parole officer, (ii)no individual who has recently violated the terms of his probationor parole shall serve as a confidential informant, (iii) law-enforcementpersonnel shall obtain approval from the appropriate local attorneyfor the Commonwealth prior to working with a confidential informant,and (iv) such confidential informant shall not unlawfully use orpossess any controlled substances.
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Last Five Actions:
1/11/2022 - Referred to Committee for Courts of Justice 1/25/2022 - Assigned Courts sub: Subcommittee #1 1/26/2022 - House subcommittee amendments and substitutes offered 1/26/2022 - Subcommittee recommends laying on the table (5-Y 3-N) 2/15/2022 - Left in Courts of Justice
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Subcommittee #1
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Subcommittee recommends laying on the table (5-Y 3-N)
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HB620
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Hudson |
Criminal cases and traffic infractions; eliminates accrual of interest on fines and costs. |
Summary:
Interest on fines and costs in criminal casesand traffic infractions.
Eliminates the accrual of interest onany fine or costs imposed in a criminal case or in a case involvinga traffic infraction. The bill provides that any such fine or coststhat have accrued interest prior to July 1, 2022, shall cease toaccrue interest on July 1, 2022, and any unpaid interest that hasaccrued on such fine or costs shall be automatically waived.
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Last Five Actions:
1/11/2022 - Prefiled and ordered printed; offered 01/12/22 22100426D 1/11/2022 - Referred to Committee for Courts of Justice 1/25/2022 - Assigned Courts sub: Subcommittee #1 1/26/2022 - Subcommittee recommends laying on the table (5-Y 3-N) 2/15/2022 - Left in Courts of Justice
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Subcommittee #1
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Subcommittee recommends laying on the table (5-Y 3-N)
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HB622
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Hudson |
Custodial interrogation of a child; advisement of rights. |
Summary:
Custodial interrogation of a child; advisementof rights.
Requires that prior to any custodial interrogationof a child by a law-enforcement officer, the child and, if no attorneyis present and if no exception to the requirement that the child'sparent, guardian, or legal custodian be notified applies, the child's parent, guardian, or legal custodian shall be advised that (i) thechild has a right to remain silent; (ii) any statement the childmakes can and may be used against the child; (iii) the child hasa right to an attorney and that one will be appointed for the childif the child is not represented and wants representation; and (iv)the child has a right to have his parent, guardian, custodian, orattorney present during any questioning. The bill states that ifa child indicates in any manner and at any stage of questioning duringa custodial interrogation that he does not wish to be questionedfurther, the law-enforcement officer shall cease questioning. Thebill also requires, before admitting into evidence any statementmade by a child during a custodial interrogation, that the court find that the child knowingly, intelligently, and voluntarily waivedhis rights and states that no admission or confession made by a child younger than 16 years of age during a custodial interrogation maybe admitted into evidence unless it was made in the presence of thechild's parent, guardian, custodian, or attorney.
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Last Five Actions:
1/11/2022 - Prefiled and ordered printed; offered 01/12/22 22103084D 1/11/2022 - Referred to Committee for Courts of Justice 1/25/2022 - Assigned Courts sub: Subcommittee #1 1/26/2022 - Subcommittee recommends continuing to 2023 1/28/2022 - Continued to 2023 in Courts of Justice
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Subcommittee #1
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Subcommittee recommends continuing to 2023
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HB658
|
Hope |
Juveniles; appointment of counsel, indigency. |
Summary:
Juveniles; appointment of counsel; indigency.Removes provisions stating that when the court appoints counsel torepresent a child in a detention hearing or in a case involving achild who is alleged to be in need of services, in need of supervision,or delinquent and, after an investigation by the court services unit,finds that the parents are financially able to pay for such attorneyin whole or in part and refuse to do so, the court shall assess costsagainst the parents for such legal services in the amount awardedthe attorney by the court, not to exceed $100 if the action is incircuit court or the maximum amount specified for court-appointed counsel appearing in district court.
The bill also removes provisionsrequiring that before counsel is appointed in any case involvinga child who is alleged to be in need of services, in need of supervision,or delinquent, the court determine that the child is indigent. Thebill provides that for the purposes of appointment of counsel fora delinquency proceeding, a child shall be considered indigent.
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Last Five Actions:
1/11/2022 - Referred to Committee for Courts of Justice 1/25/2022 - Assigned Courts sub: Subcommittee #1 1/26/2022 - House subcommittee amendments and substitutes offered 1/26/2022 - Subcommittee recommends laying on the table (5-Y 3-N) 2/15/2022 - Left in Courts of Justice
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Subcommittee #1
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Subcommittee recommends laying on the table (5-Y 3-N)
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HB719
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Filler-Corn |
Physical evidence recovery kits; victim's right to notification, storage. |
Summary:
Physical evidence recovery kits; victim's right to notification; storage.
Provides that for a physical evidence recovery kit that (i) was collected by the Office of the Chief Medical Examiner as part of a routine death investigation and the medical examiner and the law-enforcement agency agree that analysis is not warranted, (ii) was determined by the law-enforcement agency not to be connected to a criminal offense, or (iii) is connected to an offense that occurred outside of the Commonwealth or another law-enforcement agency has taken over responsibility of the investigation and such kit is not transferred to another law-enforcement agency, the law-enforcement agency that received the physical evidence recovery kit shall store such kit for a period of 10 years or until 10 years after the victim reaches the age of majority if the victim was a minor at the time of collection, whichever is longer. The bill provides that after the mandatory retention period, the law-enforcement agency may destroy the physical evidence recovery kit, or in its discretion, may elect to retain the physical evidence recovery kit for a longer period of time. The bill also provides that when a state or local law-enforcement agency located within the Commonwealth has taken over responsibility for the investigation related to the physical evidence recovery kit, unless one of the other exceptions for submitting such kit to the Department of Forensic Science applies, the physical evidence recovery kit shall be transferred to such law-enforcement agency and such law-enforcement agency shall submit the physical evidence recovery kit to the Department of Forensic Science within 60 days of receipt from the original receiving law-enforcement agency.The bill also requires the law-enforcement agency to inform the victim, parent, guardian, or next of kin of the unique identification number assigned to the physical evidence recovery kit utilized by the health care provider and the personal identification number required to view the status of the physical evidence recovery kit and provide information regarding the Physical Evidence Recovery Kit Tracking System, unless disclosing this information would interfere with the investigation or prosecution of the offense, in which case the victim, parent, guardian, or next of kin shall be informed of the estimated date on which the information may be disclosed, if known. This bill is identical to SB 658.
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Fiscal Impact
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Last Five Actions:
2/25/2022 - Enrolled 2/25/2022 - Bill text as passed House and Senate (HB719ER) 2/25/2022 - Signed by Speaker 2/28/2022 - Impact statement from DPB (HB719ER) 3/11/2022 - Enrolled Bill communicated to Governor on March 11, 2022
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Senate Committee Actions:
2/21/2022 - Reading of amendment waived 2/21/2022 - Committee amendment agreed to 2/21/2022 - Engrossed by Senate as amended 2/21/2022 - Passed Senate with amendment (40-Y 0-N) 2/25/2022 - Signed by President
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Subcommittee #1
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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HB733
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Bell |
Juvenile records; identification of children receiving coordinated services. |
Summary:
Juvenile records; identification of children receiving coordinated services.
Provides that, for the purpose of disclosing records, information, and statistical registries of the Department of Social Services, local departments of social services, and all child-welfare agencies concerning social services, a person having a legitimate interest in child-protective services records includes the staff of (i) a court services unit, (ii) the Department of Juvenile Justice, (iii) a local community services board, or (iv) the Department of Behavioral Health and Developmental Services who are providing treatment, services, or care for a child who is the subject of such records for a purpose relevant to the provision of the treatment, services, or care when the local agencies have entered into a formal agreement with the Department of Juvenile Justice to provide coordinated services to such children. The bill provides that such formal agreements may allow the local agencies and the Department of Juvenile Justice to immediately identify children who may be receiving or who have received treatment, services, or care from the local agencies and the Department of Juvenile Justice. The bill also provides that the Department of Juvenile Justice shall develop and biennially update a model memorandum of understanding setting forth the respective roles and responsibilities of the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Services, the Department of Social Services, the court service units, the local departments of social services, and the community services boards or behavioral health authorities regarding the sharing of information derived from juvenile records for purposes of identifying juveniles who may be receiving or who have received treatment, services, or care from the local agencies, the Department of Juvenile Justice, or the Department of Behavioral Health and Developmental Services. The bill provides that the model memorandum of understanding developed by the Department of Juvenile Justice may satisfy the requirement for a formal agreement, but it shall be reviewed by the Office of the Attorney General before such agreement takes effect. As introduced, this bill was a recommendation of the Commission on Youth. This bill is identical to SB 316.
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Fiscal Impact
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Last Five Actions:
2/24/2022 - Enrolled 2/24/2022 - Bill text as passed House and Senate (HB733ER) 2/25/2022 - Impact statement from DPB (HB733ER) 2/25/2022 - Signed by Speaker 3/9/2022 - Enrolled Bill communicated to Governor on March 9, 2022
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Senate Committee Actions:
2/18/2022 - Reported from Rehabilitation and Social Services (15-Y 0-N) 2/21/2022 - Constitutional reading dispensed (39-Y 0-N) 2/22/2022 - Read third time 2/22/2022 - Passed Senate (40-Y 0-N) 2/25/2022 - Signed by President
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Subcommittee #1
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Subcommittee recommends reporting with amendments (8-Y 0-N)
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HB759
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Adams, L.R. |
Window tinting; vehicle stop. |
Summary:
Window tinting; vehicle stop.
Removes theprohibition on a law-enforcement officer from stopping a motor vehiclefor a violation of provisions related to window tinting and the prohibitionof evidence discovered or obtained at such stop from being admissiblein court.
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Fiscal Impact
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Last Five Actions:
1/11/2022 - Prefiled and ordered printed; offered 01/12/22 22101500D 1/11/2022 - Referred to Committee for Courts of Justice 1/20/2022 - Impact statement from DPB (HB759) 1/25/2022 - Assigned Courts sub: Subcommittee #1 2/15/2022 - Left in Courts of Justice
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HB1181
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Mullin |
Right to counsel; target of investigation. |
Summary:
Right to counsel; target of investigation.
Provides that whenever a person is informed in writing by the attorney forthe Commonwealth, the Attorney General, or counsel or special counselfor a multi-jurisdiction grand jury or special grand jury that heis the target of a criminal investigation for a criminal offense,the penalty for which may be confinement in the state correctionalfacility or jail, including charges for revocation of suspensionof imposition or execution of sentence or probation, that targetmay present the written target letter to the clerk of the circuitcourt to set a hearing for the circuit court to inform him of hisright to counsel and provide the target a reasonably opportunityto employ counsel, or if appropriate, execute a statement of indigence.The bill provides that the target letter, statement of indigence,other documents, and proceedings shall be sealed until such time as the target is charged with a criminal offense related to the targetletter or until good cause is shown that they be unsealed.
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Last Five Actions:
1/17/2022 - Referred to Committee for Courts of Justice 1/25/2022 - Assigned Courts sub: Subcommittee #1 1/26/2022 - House subcommittee amendments and substitutes offered 1/26/2022 - Subcommittee recommends passing by indefinitely (5-Y 3-N) 2/15/2022 - Left in Courts of Justice
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Subcommittee #1
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Subcommittee recommends passing by indefinitely (5-Y 3-N)
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HB1241
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Avoli |
Pretrial Intervention and Diversion Program; created. |
Summary:
Pretrial Intervention and Diversion Program.Authorizes the attorney for the Commonwealth for each judicialcircuit of the Commonwealth to create and administer a Pretrial Interventionand Diversion Program for the purpose of providing an alternativeto prosecuting offenders in the criminal justice system.
The billprovides that entry into such program shall be at the discretionof the attorney for the Commonwealth based upon written guidelines and that no attorney for the Commonwealth shall accept any offenderinto such program for an offense for which punishment includes amandatory minimum sentence of imprisonment.
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Last Five Actions:
1/19/2022 - Referred to Committee for Courts of Justice 1/25/2022 - Assigned Courts sub: Subcommittee #1 1/26/2022 - House subcommittee amendments and substitutes offered 1/26/2022 - Subcommittee recommends laying on the table (5-Y 3-N) 2/15/2022 - Left in Courts of Justice
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Subcommittee #1
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Subcommittee recommends laying on the table (5-Y 3-N)
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HB1292
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Williams Graves |
Right to counsel; target of investigation, accused appearing without counsel. |
Summary:
Right to counsel; target of investigation.
Provides that whenever a person is informed in writing by the attorney forthe Commonwealth, the Attorney General, or counsel or special counselfor a multi-jurisdiction grand jury or special grand jury that heis the target of a criminal investigation for a criminal offense,the penalty for which may be confinement in the state correctionalfacility or jail, including charges for revocation of suspensionof imposition or execution of sentence or probation, that targetmay present the written target letter to the clerk of the circuitcourt to set a hearing for the circuit court to inform him of hisright to counsel and provide the target a reasonably opportunityto employ counsel, or if appropriate, execute a statement of indigence.The bill provides that the target letter, statement of indigence,other documents, and proceedings shall be sealed until such time as the target is charged with a criminal offense related to the targetletter or until good cause is shown that they be unsealed.
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Last Five Actions:
1/20/2022 - Presented and ordered printed 22104358D 1/20/2022 - Referred to Committee for Courts of Justice 1/25/2022 - Assigned Courts sub: Subcommittee #1 1/26/2022 - Subcommittee recommends passing by indefinitely (5-Y 3-N) 2/15/2022 - Left in Courts of Justice
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Subcommittee #1
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Subcommittee recommends passing by indefinitely (5-Y 3-N)
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HB1318
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Adams, L.R. |
Probation violation guidelines; use of sentencing revocation report and discretionary sentencing. |
Summary:
Probation violation guidelines; use of sentencing revocation report and discretionary sentencing guidelines in revocation proceedings.
Authorizes the Virginia Sentencing Commission to develop, maintain, and modify a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. The bill provides that a court would be presented with such guidelines when a defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer. This bill is identical to SB 424.
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Fiscal Impact
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Last Five Actions:
2/23/2022 - Enrolled 2/23/2022 - Bill text as passed House and Senate (HB1318ER) 2/23/2022 - Signed by Speaker 2/24/2022 - Impact statement from DPB (HB1318ER) 3/9/2022 - Enrolled Bill communicated to Governor on March 9, 2022
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Senate Committee Actions:
2/16/2022 - Reported from Judiciary (10-Y 0-N) 2/18/2022 - Constitutional reading dispensed (38-Y 0-N) 2/21/2022 - Read third time 2/21/2022 - Passed Senate (40-Y 0-N) 2/23/2022 - Signed by President
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Subcommittee #1
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Subcommittee recommends reporting (8-Y 0-N)
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HB1320
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Adams, L.R. |
Discretionary sentencing guidelines; midpoint for violent felony offenses, report, effective date. |
Summary:
Discretionary sentencing guidelines; midpoint for violent felony offenses.
Clarifies the Virginia Criminal Sentencing Commission's (Commission) authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data. The bill also requires the Commission to submit a report to the General Assembly, the Governor, and the Chief Justice of the Supreme Court of Virginia by October 1, 2022, documenting the impact on sentencing guideline midpoints for each offense if the Commission were to recommend changes to the midpoints based on analysis of historical sentencing data. The provisions of the first enactment of the bill clarifying the Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data has a delayed effective date of January 1, 2023. This bill is identical to SB 423.
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Fiscal Impact
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Last Five Actions:
4/27/2022 - VOTE: Adoption (100-Y 0-N) 4/27/2022 - Reenrolled 4/27/2022 - Reenrolled bill text (HB1320ER2) 4/27/2022 - Signed by Speaker as reenrolled 4/27/2022 - Enacted, Chapter 783 (effective 7/1/23)
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Senate Committee Actions:
2/21/2022 - Read third time 2/21/2022 - Passed Senate (40-Y 0-N) 2/23/2022 - Signed by President 4/27/2022 - Senate concurred in Governor's recommendation (40-Y 0-N) 4/27/2022 - Signed by President as reenrolled
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Subcommittee #1
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Subcommittee recommends reporting (8-Y 0-N)
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