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2023 SENTENCING BILLS

PASSED

HB 1478 Crimes by gangs. PASSED

Crimes by gangs. Expands the definition of "predicate criminal act" to include all felonies and a carrying a concealed weapon violation. The bill also increases various penalties for gang crimes.

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01/25/23 House: Subcommittee recommends reporting with substitute (5-Y 1-N)
02/02/23 House: Engrossed by House - committee substitute HB1478H1
02/06/23 House: VOTE: Passage (58-Y 42-N)

02/15/23 Senate: Reported from Judiciary with substitute (14-Y 0-N 1-A)
02/21/23 Senate: Passed Senate with substitute (31-Y 9-N)
02/22/23 House: Senate substitute agreed to by House 23106872D-S1 (63-Y 34-N)
02/22/23 House: VOTE: Adoption (63-Y 34-N)

03/23/23 Governor: Approved by Governor-Chapter 396 (effective 7/1/23)

HB 1673 Strangulation by blocking or obstructing the airway of another; penalty. PASSED
Introduced by: Robert B. Bell [R]
Strangulation by blocking or obstructing the airway of another; penalty. Provides that any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway of such person resulting in the wounding or bodily injury of such person is guilty of suffocation, a Class 6 felony.

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01/25/23 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
02/07/23 House: VOTE: Passage (94-Y 4-N)
02/21/23 Senate: Passed Senate (40-Y 0-N)
02/24/23 House: Bill text as passed House and Senate (HB1673ER)

03/27/23 Governor: Approved by Governor-Chapter 709 (effective 7/1/23)

HB 2019 Review of discretionary sentencing guidelines; deferred disposition. PASSED
Introduced by: Les R. Adams [R]
Review of discretionary sentencing guidelines; deferred disposition. Requires the court to (i) review and consider discretionary sentencing guidelines before a deferred disposition in felony cases other than Class 1 felonies and (ii) within five days following a deferred disposition in felony cases, forward the original discretionary sentencing guidelines worksheets with a copy of the court order to the Virginia Criminal Sentencing Commission.

Under current law, the court is required to review discretionary sentencing guidelines only before imposing sentence in all felony cases other than Class 1 felonies and is required to forward the original discretionary sentencing guidelines worksheets with a copy of the court order to the Commission only following the entry of a final order of conviction and sentence in a felony case.

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02/15/23 Senate: Amendment by Senator Surovell withdrawn
02/15/23 Senate: Passed Senate (39-Y 1-N)

02/20/23 House: Bill text as passed House and Senate (HB2019ER)

02/20/23 House: Signed by Speaker
02/21/23 Senate: Signed by President
03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023
03/17/23 Governor: Approved by Governor-Chapter 34 (effective 7/1/23)

HB 2398 Sexual extortion; penalties. PASSED
Introduced by: Robert B. Bell [R]
Sexual extortion; penalties. Adds sexual extortion, defined in the bill as when an accused maliciously disseminates or sells, or threatens to maliciously disseminate or sell, a videographic or still image created by any means whatsoever that depicts the complaining witness or such complaining witness's family or household member who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, to the list of actions that, when used to accomplish certain acts against the will of another person, constitute rape, forcible sodomy, object sexual penetration, aggravated sexual battery, or sexual battery.

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02/07/23 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N)
02/16/23 Senate: Reported from Finance and Appropriations with substitute (14-Y 2-N)

02/21/23 Senate: Passed Senate with substitute (38-Y 1-N)
02/21/23 Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
02/21/23 Senate: Passed Senate with substitute (39-Y 0-N)
02/22/23 House: Senate substitute rejected by House 23107010D-S2 (0-Y 97-N)
02/22/23 House: VOTE: REJECTED (0-Y 97-N)
02/23/23 Senate: Senate insisted on substitute (40-Y 0-N)
02/23/23 Senate: Senate requested conference committee
02/23/23 House: House acceded to request
02/23/23 House: Conferees appointed by House
02/23/23 House: Delegates: Bell, Campbell, E.H., Herring
02/23/23 Senate: Conferees appointed by Senate
02/23/23 Senate: Senators: Petersen, Surovell, Stanley

02/25/23 Conference: Amended by conference committee
02/25/23 Senate: Conference report agreed to by Senate (37-Y 3-N)
02/25/23 House: Conference report agreed to by House (96-Y 0-N)
02/25/23 House: VOTE: Adoption (96-Y 0-N)

03/26/23 Governor: Approved by Governor-Chapter 612 (effective 7/1/23)

SB 1073 Unmanned aircraft systems; trespass over correctional facilities; penalty. PASSED
Introduced by: T. Travis Hackworth [R]

Prohibits any unmanned aircraft system from coming within 400 feet of the lateral boundaries of any local or state correctional facility, as defined in § 53.1-1, or juvenile correctional center without consent or authorization. A violation of this prohibition is a Class 1 misdemeanor.

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01/23/23 Senate: Committee substitute agreed to 23104827D-S1
01/24/23 Senate: Read third time and passed Senate (39-Y 0-N)

02/08/23 House: Referred to Committee for Courts of Justice

02/13/23 House: Reported from Courts of Justice with amendment(s) (19-Y 0-N)
02/16/23 House: Committee amendment agreed to

02/20/23 Senate: House amendment agreed to by Senate (40-Y 0-N)
02/23/23 Senate: Bill text as passed Senate and House (SB1073ER)

02/23/23 House: Signed by Speaker
02/25/23 Senate: Signed by President
03/02/23 Senate: Enrolled Bill Communicated to Governor on March 2, 2023
03/16/23 Governor: Approved by Governor-Chapter 25 (effective 7/1/23)

SB 1396 Organized retail theft; establishes as a crime, report, penalty. PASSED
Introduced by: Richard H. Stuart [R]
Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person to (i) conspire or act in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $1,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and to take or cause such retail property to be placed in the control of a retail property fence or other person; (ii) receive or possess any retail property that has been obtained by simple larceny from one or more retail mercantile establishments in violation of clause (i) while knowing or having reasonable grounds to believe the property was unlawfully obtained; or (iii) conspire or act in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments in violation of either of clause (i) or clause (ii). The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill makes it a Class 5 felony for any person to injure property during an act or attempted act of organized retail theft when the value of or damage to the property, memorial, or monument is $1,000 or more. The bill 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 offense, he is guilty of a Class 6 felony. The bill also establishes the Organized Retail Crime Fund to be administered by the Attorney General solely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes.
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01/30/23 Senate: Reported from Judiciary with substitute (14-Y 1-N)
01/30/23 Senate: Incorporates SB1296 (DeSteph)

02/13/23 House: Reported from Courts of Justice with substitute (10-Y 9-N)
02/22/23 House: Committee on Courts of Justice substitute rejected 23106694D-H1
02/22/23 House: Substitute by Delegate Byron agreed to 23107160D-H2
02/22/23 House: Engrossed by House - floor substitute SB1396H2
02/22/23 House: Passed House with substitute (52-Y 44-N)
02/22/23 House: VOTE: Passage (52-Y 44-N)
02/23/23 Senate: House substitute agreed to by Senate (32-Y 8-N)
02/23/23 Senate: Title replaced 23106694D-H1

03/23/23 Governor: Approved by Governor-Chapter 358 (effective 7/1/23)

FAILED

HB 1435 Revocation of suspension of sentence and probation; hearing, sentencing. FAILED.
Introduced by: Jason S. Ballard [R]
Requires that if an alleged violation of the terms and conditions of a suspended sentence of probation is based on a criminal offense that was committed after the date of suspension, the hearing to revoke the suspension of sentence shall be held as soon as practicable after the accused has been convicted of the criminal offense. The bill also requires that if the court revokes the suspension and imposes any or all of the period previously suspended for a violation based on a new conviction, the court shall order such sentence to run concurrently with any sentence imposed for the new criminal conviction.

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01/12/23 House: Assigned Courts sub: Subcommittee #1

01/25/23 House: Subcommittee recommends laying on the table (8-Y 0-N)

HB 1455 Fentanyl; selling, giving, or distributing a substance that contains 2 mgms. or more, penalties. FAILED
Introduced by: Timothy V. Anderson [R]
Provides that any person who sells, gives, or distributes a substance he knows or should know contains two milligrams or more of any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, to another person without such person's knowledge that the substance sold, given, or distributed contains fentanyl is guilty of attempted murder of the first degree by poison. The bill also provides that if such sale, gift, or distribution results in the death of the other person from his use of the substance containing fentanyl, then the person who sold, gave, or distributed the substance is guilty of murder of the first degree by poison.

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12/21/22 House: Referred to Committee for Courts of Justice

02/03/23 House: Subcommittee recommends reporting with substitute (7-Y 1-N)
02/03/23 House: Reported from Courts of Justice with substitute (15-Y 5-N)
02/03/23 House: Committee substitute printed 23106356D-H1

02/06/23 House: Committee substitute agreed to 23106356D-H1
02/06/23 House: Engrossed by House - committee substitute HB1455H1

02/07/23 House: Read third time and passed House (70-Y 29-N)
02/07/23 House: VOTE: Passage (70-Y 29-N)

02/08/23 Senate: Referred to Committee on the Judiciary

02/15/23 Senate: Passed by indefinitely in Judiciary with letter (8-Y 7-N)

HB 1506 Post-conviction relief; previously admitted scientific evidence. FAILED
Introduced by: Kelly K. Convirs-Fowler [D]

Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated on the basis of new or discredited forensic scientific evidence, defined in the bill. The petition shall allege (i) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (ii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of the petitioner's conviction or adjudication of delinquency through the exercise of reasonable due diligence by the petitioner or that discredited forensic scientific evidence was presented at the petitioner's conviction or adjudication of delinquency; and (iv) that had the forensic scientific evidence been presented at conviction or adjudication of delinquency, the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by clear and convincing evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2024, and an expiration date of July 1, 2028.

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01/04/23 House: Prefiled and ordered printed; offered 01/11/23 23102059D
01/17/23 House: Assigned Courts sub: Subcommittee #1

01/18/23 House: Subcommittee recommends laying on the table (5-Y 3-N)

02/07/23 House: Left in Courts of Justice

HB 1523 Prostitution; solicitation, penalties. FAILED.
Introduced by: Kim A. Taylor [R]
Increases the penalty for a third or subsequent offense of solicitation of prostitution from an adult from a Class 1 misdemeanor to a Class 6 felony.

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01/05/23 House: Referred to Committee for Courts of Justice

01/26/23 House: Assigned Courts sub: Subcommittee #1

01/27/23 House: Subcommittee recommends reporting with substitute (8-Y 0-N)

02/01/23 House: Reported from Courts of Justice with substitute (14-Y 6-N)
02/01/23 House: Committee substitute printed 23105793D-H1

02/06/23 House: Committee substitute agreed to 23105793D-H1
02/06/23 House: Engrossed by House - committee substitute HB1523H1

02/07/23 House: VOTE: Passage (74-Y 25-N)

02/08/23 Senate: Referred to Committee on the Judiciary

02/15/23 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)

HB 1642 Felony homicide; felonious acts, certain drug offenses, penalty. FAILED.
Introduced by: Terry G. Kilgore [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 such other person's use of the controlled substance results in 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.

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01/08/23 House: Referred to Committee for Courts of Justice
01/12/23 House: Assigned Courts sub: Subcommittee #1
01/13/23 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
01/13/23 House: Subcommittee recommends referring to Committee on Appropriations
01/23/23 House: Committee substitute printed 23104469D-H1
01/23/23 House: Reported from Courts of Justice with substitute (10-Y 9-N)
01/23/23 House: Referred to Committee on Appropriations
01/24/23 House: Assigned App. sub: Transportation & Public Safety
01/30/23 House: Subcommittee recommends reporting (5-Y 3-N)
01/30/23 House: Reported from Appropriations (12-Y 10-N)
02/02/23 House: Committee substitute agreed to 23104469D-H1
02/02/23 House: Engrossed by House - committee substitute HB1642H1
02/03/23 House: Read third time and passed House (51-Y 46-N)
02/03/23 House: VOTE: Passage (51-Y 46-N)
02/06/23 Senate: Constitutional reading dispensed
02/06/23 Senate: Referred to Committee on the Judiciary
02/13/23 Senate: Passed by indefinitely in Judiciary (8-Y 6-N)

HB 1642 Felony homicide; felonious acts, certain drug offenses, penalty. FAILED.
Introduced by: Terry G. Kilgore [D]
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 such other person's use of the controlled substance results in 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.

HB 1672 Resisting detention; Class 3 misdemeanor. FAILED.
Introduced by: Jeffrey L. Campbell [R]
Resisting detention; penalty. Makes it a Class 3 misdemeanor for any person to intentionally prevent or attempt to prevent a law-enforcement officer from lawfully detaining him, defined in the bill as fleeing or attempting to flee from a law-enforcement officer when (i) the officer has reasonable articulable suspicion to detain the person, (ii) the officer communicates to the person an order to stop, and (iii) the person refuses to obey the order to stop. The bill allows a person charged with committing this offense to be arrested and immediately brought before a magistrate. The bill requires law enforcement to make a report to the Central Criminal Records Exchange when any person is arrested on such charge.

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01/09/23 House: Prefiled and ordered printed; offered 01/11/23 23101786D
01/09/23 House: Referred to Committee for Courts of Justice
01/13/23 House: Assigned Courts sub: Subcommittee #1
01/18/23 House: Subcommittee recommends reporting with amendment (5-Y 3-N)
01/23/23 House: Reported from Courts of Justice with amendment (10-Y 9-N)
01/25/23 House: Read first time
01/26/23 House: Read second time
01/26/23 House: Committee amendment agreed to
01/26/23 House: Engrossed by House as amended HB1672E
01/26/23 House: Printed as engrossed 23101786D-E
01/27/23 House: Read third time and passed House (50-Y 47-N)
01/27/23 House: VOTE: Passage (50-Y 47-N)
01/30/23 Senate: Constitutional reading dispensed
01/30/23 Senate: Referred to Committee on the Judiciary
02/13/23 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)

SB 842 Petition for modification of sentence; eligibility; procedures (*Second Look) FAILED
Introduced by: J. Chapman Petersen [D]
Provides a petition 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 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.

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12/28/22 Senate: Referred to Committee on the Judiciary

01/25/23 Senate: Rereferred to Finance and Appropriations

01/25/23 Senate: Reported from Judiciary (8-Y 6-N)
01/25/23 Senate: Rereferred to Finance and Appropriations

02/01/23 Senate: Reported from Finance and Appropriations with amendments (13-Y 3-N)

02/02/23 Senate: Constitutional reading dispensed (40-Y 0-N)

02/03/23 Senate: Committee amendments agreed to
02/03/23 Senate: Engrossed by Senate as amended SB842E

02/06/23 Senate: Read third time and passed Senate (24-Y 15-N)

02/09/23 House: Referred to Committee for Courts of Justice

02/14/23 House: Assigned Courts sub: Subcommittee #1

02/15/23 House: Subcommittee recommends passing by indefinitely (8-Y 0-N)

SB 881 Felony homicide; certain drug offenses, penalty. FAILED.
Introduced by: Ryan T. McDougle [R]
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.

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01/03/23 Senate: Prefiled and ordered printed; offered 01/11/23 23101467D
01/16/23 Senate: Passed by indefinitely in Judiciary (8-Y 7-N)

SB 929 Misdemeanor; maximum term of confinement. FAILED
Introduced by: Ghazala F. Hashmi [D]
Reduces from 12 months to 364 days the maximum term of confinement in jail for a Class 1 misdemeanor. The bill contains technical amendments.

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01/18/23 Senate: Reported from Judiciary (8-Y 6-N)

01/23/23 Senate: Read second time and engrossed

01/24/23 Senate: Read third time and passed Senate (22-Y 17-N)

02/07/23 House: Referred to Committee for Courts of Justice

02/13/23 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

SB 939 Discretionary sentencing guidelines; written explanation, appeal. FAILED.
Introduced by: John S. Edwards [D]
Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may be the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is an error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2023.

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01/06/23 Senate: Prefiled and ordered printed; offered 01/11/23 23101368D
01/06/23 Senate: Referred to Committee on the Judiciary

02/01/23 Senate: Reported from Judiciary (9-Y 4-N)

02/07/23 Senate: Read third time and passed Senate (22-Y 18-N)

02/09/23 House: Referred to Committee for Courts of Justice

02/13/23 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)