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2020 BILLS (Fishback bills on separate page)

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2020 Bills -- Passed in Regular and Special Session

 

HB 35 Juvenile offenders; eligibility for parole- Regular session 2020

Introduced by Delegate Joseph Lindsey.  

02/24/2020  PASSED. Approved by Governor-Chapter 2 (effective 7/1/20) 

Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentence and any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentences shall be eligible for parole. This bill is identical to SB 103.  Read bill information here.

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SB 5018 Terminally ill prisoners; conditional release - Special session 2020

Introduced by Senator John Bell [D]

10/16/20  Senate: Bill text as passed Senate and House (SB5018ER)

10/16/20  Senate: Signed by President

10/16/20  House: Signed by Speaker

10/21/20  Senate: Enrolled Bill Communicated to Governor on October 21, 2020
10/28/20  Governor: Approved by Governor 
effective 3/1/21

Summary:  Provides that any person serving a sentence imposed upon a conviction for a felony offense other than those enumerated in the bill as exceptions to eligibility and who is terminally ill as defined in the bill is eligible for consideration by the Parole Board for conditional release.

Read bill here.

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2020 Bills That Failed (Regular and Special Session)

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HB 430 Application of parole statutes (2020)

Sponsored by Delegate Don Scott (D)

01/31/2020 Continued to 2021 in Courts of Justice by voice vote

Repeals the abolition of parole. The bill also provides that the Virginia Parole Board shall establish procedures for consideration of parole for persons who were previously ineligible for parole, because parole was abolished, to allow for an extension of time for reasonable cause.  Read bill information here.

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HB 250 Juvenile offenders; parole (2020)

Introduced by Delegate Vivian Watts (D)

 01/31/2020 - Continued to 2021 in Courts of Justice by voice vote

Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentence and any person who has active sentences that total more than 25 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentences shall be eligible for parole.  Read bill information here.

 

HB 431 Conditional release of geriatric prisoners - Regular session

Sponsored by Delegate Don Scott [D]

1/30/2020 Subcommittee recommends striking from docket (8-Y 0-N).  

Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, (i) who has reached the age of 65 or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of 60 or older and who has served at least 10 years of the sentence imposed shall be granted conditional release. Under current law, such persons may petition the Parole Board for conditional release, which may be granted or denied.

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HB 782 Conditional release of geriatric, terminally ill, or permanently physically disabled prisoners - Regular session

Sponsored by Delegate Michael Mullin (D)

1/30/2020 Subcommittee recommends striking from docket (8-Y 0-N)

Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who is terminally ill or permanently physically disabled is eligible for consideration by the Parole Board for conditional release. The bill also provides that any person serving such sentence (i) who is 65 years or age or older and has served at least five years of the sentence imposed or (ii) who is 60 years of age or older and has served at least 10 years of the sentenced imposed is eligible for consideration by the Parole Board for conditional release without the need to petition the Parole Board.

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HB 915 Conditional release of geriatric prisoners (2020)

Sponsored by Delegate Mark Sickles [D]

12/04/20  House: Left in Courts of Justice

Allows any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who (i) is 55 years of age or older and has served at least 15 years of the sentence imposed or (ii) is 50 years of age or older and has served at least 20 years of the sentence imposed, to petition the Parole Board for conditional release.  Read bill information here.

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HB 1224 Conditional release of geriatric prisoners; exceptions (2020)

Sponsored by Delegate Jason Miyares [R]

12/04/20  House: Left in Courts of Justice

Prohibits persons serving a sentence imposed upon a conviction of murder in the first degree or a sexually violent offense, if the offense resulting in such conviction occurred on or after July 1, 2020, from petitioning the Parole Board for conditional release. Under current law, such persons may petition the Parole Board when such persons reach age 65 and have served at least five years of their sentence or reach age 60 and have served at least 10 years of their sentence. The prohibition does not apply to any person who is serving a life sentence for any crime other than homicide and who was under the age of 18 at the time of the commission of the offense.  Read bill information here.

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HB 5015 Parole; investigation prior to release - Special session 2020

Introduced by Delegate Jason Miyares [R]

08/26/20  House: Tabled in Courts of Justice (12-Y 9-N)

Provides that the Parole Board shall contact the victim prior to making any decision to release any inmate on discretionary parole and that the victim may present virtual testimony to the Board concerning the impact that the release of the prisoner will have on the victim.

Read bill here.

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HB 5092 Virginia Freedom of Information Act; Virginia Parole Board member votes - Special session 2020

Introduced by Delegate Nick Rush [R]

08/25/20  House: Tabled in Public Safety (13-Y 9-N) (Bill fails)

Provides that individual votes of the members of the Virginia Parole Board shall be public records and subject to the provisions of the Virginia Freedom of Information Act.

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HB 5097 Civil cause of action; intentional act or act of gross negligence by member of the Virginia Parole - Special session 2020

Introduced by Delegate Nick Rush [R]

08/20/20  House: Referred to Committee for Courts of Justice

08/26/20  House: Tabled in Courts of Justice (12-Y 9-N)

Creates a civil cause of action against a member of the Parole Board for injury to or death of a person that is caused by a prisoner who is released on parole when there was an intentional act or act of gross negligence made by the member of the Parole Board in granting parole to such prisoner. The bill provides that no immunities or limitations on liability or damages shall apply to this cause of action.

Read bill here.

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HB 5100 Parole; investigation prior to release - Special Session 2020

Introduced by Delegate John McGuire III [R]

08/20/20  House: Referred to Committee for Courts of Justice

08/26/20  House: Tabled in Courts of Justice (12-Y 9-N)

Provides that the Parole Board shall contact the victim prior to making any decision to release any inmate on discretionary parole. The bill provides that the term "victim" includes a spouse, parent, sibling, or legal guardian of a person who was the victim of a homicide.

Read bill here.

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HB 5101 Parole; monthly report - Special Session 2020

Introduced by Delegate John McGuire III [R]

08/20/20  House: Referred to Committee for Courts of Justice

08/26/20  House: Tabled in Courts of Justice (12-Y 9-N)

Requires that the monthly report issued by the Virginia Parole Board regarding actions taken on the parole of prisoners include the offenses of which prisoners considered for parole were convicted, the jurisdictions in which such offenses were committed, and the age ranges of the victims.

Read bill here.

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HJR 26 Study; JLARC; reinstatement of discretionary parole; report (2020)

Introduced by Delegate Vivan Watts (D)

1/29/2020:  Subcommittee recommends laying on the table (4-Y 2-N) Bill failed.

Directs the Joint Legislative Audit and Review Commission to study the reinstatement of discretionary parole, which was abolished in 1995.

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HJR 30 Study; Geriatric Parole (2020)

Sponsored by Delegate Don Scott [D]

1/30/2020:   Subcommittee recommends laying on the table (6-Y 0-N)  Bill failed.

Directs the Virginia State Crime Commission to study the low use of geriatric parole and the appropriate structure for increasing the use of geriatric parole.

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HJR 44 Study; JLARC; reinstatement of discretionary parole; report (2020)

Sponsored by Delegate Elizabeth Guzman [D]

02/11/2020 Left in Rules; Subcommittee recommends laying on the table (4-Y 2-N) Bill failed.

Directs the Joint Legislative Audit and Review Commission to study the reinstatement of discretionary parole, which was abolished in 1995.

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HJR 65 Study; Classification of Violent Felonies (2020)

Sponsored by Delegate Patrick Hope [D]

01/29/2020 Subcommittee recommends laying on the table (6-Y 0-N) Bill failed.

Directs the Virginia State Crime Commission to study the classification of certain crimes as violent felonies and the impact of reducing sentence lengths for criminal violations 

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SB 91 Parole, Application of statutes (2020)

Introduced by Senator John Edwards (D)

12/04/20  Senate: Left in Judiciary

Repeals the abolition of parole. The bill also provides that the Virginia Parole Board shall establish procedures for consideration of parole for persons who were previously ineligible for parole, because parole was abolished, to allow for an extension of time for reasonable cause.  Read full text here.

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SB 493 Conditional release of geriatric, terminally ill, or permanently physically disabled prisoners (2020)

Sponsored by Senator John Bell [D]

02/28/20  House: Failed to report (defeated) in Courts of Justice (9-Y 12-N); 01/27/2020 Read third time and passed Senate

Conditional release of geriatric, terminally ill, or permanently physically disabled prisoners. Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who is terminally ill or permanently physically disabled is eligible for consideration by the Parole Board for conditional release. The bill also provides that any person serving such sentence (i) who is 65 years or age or older and has served at least five years of the sentence imposed or (ii) who is 60 years of age or older and has served at least 10 years of the sentenced imposed is eligible for consideration by the Parole Board for conditional release without the need to petition the Parole Board.

Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who is terminally ill or permanently physically disabled is eligible for consideration by the Parole Board for conditional release. The bill also provides that any person serving such sentence (i) who is 65 years or age or older and has served at least five years of the sentence imposed or (ii) who is 60 years of age or older and has served at least 10 years of the sentenced imposed is eligible for consideration by the Parole Board for conditional release without the need to petition the Parole Board.  Read bill information here.

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SB 624 Conditional release of geriatric prisoners (2020)

Sponsored by Sen. Lionell Spruill (D)

12/04/20  Senate: Left in Judiciary

Allows any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who (i) is 55 years of age or older and has served at least 15 years of the sentence imposed or (ii) is 50 years of age or older and has served at least 20 years of the sentence imposed, to petition the Parole Board for conditional release.  Read full text here.

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SB 5012 Virginia Freedom of Information Act; Virginia Parole Board member votes. Special Session 2020

Introduced by Senator David Sutterlein [R]

08/27/20  Senate: Reported from General Laws and Technology (8-Y 6-N)

09/03/20  Senate: Read first time

09/04/20  Senate: Read second time and engrossed

09/09/20  Senate: Read third time and passed Senate (29-Y 10-N)

09/17/20  House: Read first time

09/17/20  House: Referred to Committee for Courts of Justice

09/22/20  House: Tabled in Courts of Justice (13-Y 7-N)

Provides that individual votes of the members of the Virginia Parole Board shall be public records and subject to the provisions of the Virginia Freedom of Information Act.

Read bill here.

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SB 5016 Application of parole statutes for juveniles and persons committed upon felony offenses - Special session 2020

Introduced by Senator John Edwards [D]

08/18/20  Senate: Rereferred from Rehabilitation and Social Services (15-Y 0-N)

08/18/20  Senate: Rereferred to Judiciary

08/26/20  Senate: Passed by indefinitely in Judiciary with letter (14-Y 0-N)

​Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995. Repeals the abolition of parole. The bill also provides that the Virginia Parole Board shall establish procedures for consideration of parole for persons who were previously ineligible for parole, because parole was abolished, to allow for an extension of time for reasonable cause.

Read bill here.

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SB 5050 Parole; notice and certification, monthly reports, discretionary early consideration.

Introduced by Senator Mark D. Obenshain [R]

08/24/20  Senate: Reported from Rehabilitation and Social Services with amendments (10-Y 4-N)

08/26/20  Senate: Constitutional reading dispensed (34-Y 0-N)

09/02/20  Senate: Floor substitute printed 20201065D-S1 (Surovell)

09/04/20  Senate: Reading of amendment waived

09/04/20  Senate: Amendment by Senator Obenshain agreed to

09/04/20  Senate: Engrossed by Senate - floor substitute with amendment SB5050ES1

09/04/20  Senate: Title replaced 20201065D-S1

09/09/20  Senate: Read third time and passed Senate (39-Y 0-N)

09/17/20  House: Read first time

09/22/20  House: Tabled in Courts of Justice (13-Y 7-N)

Requires the Chairman of the Virginia Parole Board to certify under oath compliance with the provisions that require notice to certain persons prior to the release or discharge of any prisoner. The bill requires that the monthly reports issued by the Board regarding actions taken on the parole of prisoners (i) be published on the last day of the month and (ii) include the offenses of which prisoners considered for parole were convicted, the jurisdictions in which such offenses were committed, the amount of time served by such prisoners, and the reasons for release or discharge. The bill also requires that when notice is sent to a victim of the victim's right to present evidence to the Board of the impact that the release of a prisoner will have on the victim, such notice shall also be sent to the attorney for the Commonwealth and the director of the victim/witness program of the jurisdiction in which the prisoner's offense occurred. The bills repeals the authority of the Director of the Department of Corrections to identify and recommend to the Board prisoners for early parole consideration.

Read bill here.

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SB 5103 Parole; eligibility, persons convicted of murder, etc. (August 2020 session)

Introduced by Senator Ben Chafin [R]

08/24/20  Senate: Passed by indefinitely in Rehabilitation and Social Services (8-Y 6-N) (Bill fails)

Provides that any person convicted of murder where the location of the body of the victim is unknown and the Parole Board has probable cause to believe that such person convicted has information concerning the location of the body is not eligible for parole. The bill contains technical amendments.

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SJR 9 Study; JLARC; reinstatement of discretionary parole; report. (2020)

Sponsored by Senator Dave Marsden [D]

02/19/2020 Tabled in Rules (17-Y 0-N) Bill fails.

Directs the Joint Legislative Audit and Review Commission to study the reinstatement of discretionary parole, which was abolished in 1995.  Read full text here.

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Incorporated Bills 2020

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SB 103 Juvenile offenders; parole (2020)

Introduced by Senator Dave Marsden (D)

02/27/2020 House passed Y-55 44-N; 2/24/2020  Will Conform to HB 35, Senates passed.

Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentence, and any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentences, shall be eligible for parole.  Read bill information here.

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