Sentencing/Court Bills 2022
​
PASSED INTO LAW
​
HB 409 Promises not to plead the statute of limitations. Introduced by: Jason S. Ballard [R]
Specifies that a written promise not to plead the statute of limitations is valid only when such written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor. The bill further replaces the current requirement of validity that such promise not be made contemporaneously with any other contract with the requirement that the written promise be signed by the promisor or his agent. Finally, the bill specifies that the promisee must commence an action asserting such cause of action within the earlier of the applicable limitations period running from the date the written promise is made or any shorter time provided for in the written promise for such promise to be valid; current law requires that any such written promise may be made for an additional term not longer than the applicable limitations period in order to be valid. This bill is a recommendation of the Boyd-Graves Conference.
02/23/22 House: Senate amendment agreed to by House (100-Y 0-N)
04/11/22 Governor: Approved by Governor-Chapter 477 (effective 7/1/22)
View bill here.
​
HB 422 Writ of actual innocence; previously unknown or unavailable nonbiological evidence; contents.
Introduced by: Charniele L. Herring [D]
Changes the provision requiring that a petitioner petitioning for a writ of actual innocence based on previously unknown or unavailable nonbiological evidence allege that such evidence is such as could not, by the exercise of diligence, have been discovered or obtained before the expiration of 21 days following entry of the final order of conviction or adjudication of delinquency by the circuit court to instead require that the petitioner allege such evidence could not have been discovered or obtained before the conviction or adjudication of delinquency became final in the circuit court.
04/11/22 Governor: Approved by Governor-Chapter 625 (effective 7/1/22)
View bill here.
​
HB 738 Competency to stand trial; order for evaluation or treatment. Introduced by: Robert B. Bell [R]
Provides that whenever a court orders an evaluation of a defendant's competency to stand trial, the clerk of the court shall provide a copy of the order to the Department of Behavioral Health and Developmental Services.
04/01/22 Governor: Approved by Governor-Chapter 75 (effective 7/1/22)
View bill here.
​
SB 6 Judges; increases from six to seven the maximum number in the Thirty-first Judicial Circuit.
Introduced by: Scott A. Surovell [D]
Maximum number of judges in each judicial circuit. Increases from six to seven the maximum number of authorized judges in the Thirty-first Judicial Circuit. This bill
04/11/22 Governor: Approved by Governor-Chapter 579 (effective 7/1/22)
View bill here.​​
​
SB 143 Court of Appeals of Virginia; makes various changes to procedures and jurisdiction of the Court. Introduced by: John S. Edwards
Makes various changes to the procedures and jurisdiction of the Court of Appeals of Virginia, including (i) clarifying that an aggrieved party of certain pretrial orders may petition the Court of Appeals for review of such order and that such petitions shall be reviewed by a three-judge panel; (ii) providing that a party to an appeal that requests an extension for a filing deadline in the Court of Appeals must show good cause for the extension to be granted; (iii) clarifying that appeal bonds and security bonds are not required in criminal appeals; (iv) permitting the Court of Appeals to dispense with oral argument if the parties agree that it is not necessary; and (v) making consistent the grounds for seeking a delayed appeal in a criminal case in the Court of Appeals and the Supreme Court of Virginia. The bill additionally corrects the unintentional elimination of reviews of interlocutory decrees or orders involving certain equitable claims from the jurisdiction of the Court of Appeals. The bill contains an emergency clause that is applicable only to this correction.​
04/11/22 Senate: Governor's recommendation received by Senate
04/27/22 Senate: Senate concurred in Governor's recommendation (35-Y 5-N)
04/27/22 Senate: Signed by President as reenrolled
04/27/22 House: Signed by Speaker as reenrolled
04/27/22 House: Enacted, Chapter 714 (effective 4/27/22)
View bill here.
​
SB 198 Disposition when defendant found incompetent; involuntary admission of the defendant. Introduced by: T. Montgomery "Monty" Mason [D]
Provides that when a defendant is found incompetent, the court may, after a preadmission screening report has been completed and the court has made a finding by clear and convincing evidence that a crime has occurred, without objection by counsel for the defendant as to the defendant's competency to stand trial and upon motion of the attorney for the Commonwealth or its own motion, permit the community services board or behavioral health authority to petition for involuntary admission of the defendant and enter an order of nolle prosequi or dismissal for the criminal charge. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant.
03/12/22 Senate: Conference substitute printed 22107841D-S2
03/12/22 House: Conference report agreed to by House (95-Y 0-N)
03/12/22 Senate: Conference report agreed to by Senate (40-Y 0-N)
03/21/22 Senate: Bill text as passed Senate and House (SB198ER)
04/11/22 Governor: Approved by Governor-Chapter 508 (effective 7/1/22)
View bill here.
​
SB 392 Copies of orders to counsel. Introduced by: Scott A. Surovell [D]
Copies of orders to counsel. Provides that the clerk of the court shall provide a copy of the appointment order of a qualified expert to an indigent defendant or his attorney and to the appointed expert. The bill also provides that the chief judge of each juvenile and domestic relations district court may provide for an alternative means of copying and distributing certain juvenile investigative reports or evaluations to counsel.
04/11/22 Governor: Approved by Governor-Chapter 543 (effective 7/1/22)
View bill here.
​
SB 423 Discretionary sentencing guidelines; midpoint for violent felony offenses.
Introduced by: John S. Edwards (by request) [D]
Discretionary sentencing guidelines; midpoint for violent felony offenses. Clarifies the Virginia Criminal Sentencing Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data.
04/11/22 Senate: Governor's recommendation received by Senate
04/27/22 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
04/27/22 Senate: Signed by President as reenrolled
04/27/22 House: Signed by Speaker as reenrolled
04/27/22 House: Enacted, Chapter 723 (effective 7/1/21)
View bill here.
​
SB 424 Probation violation guidelines; use of sentencing revocation report and discretionary sentencing.
Introduced by: John S. Edwards (by request) [D]
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.
04/11/22 Governor: Approved by Governor-Chapter 570 (effective 7/1/22)
View bill here.
​
SB 493 Sexually explicit visual material to another; unlawful dissemination, penalty. Introduced by: Jennifer L. McClellan [D]
Provides that any person 18 years of age or older who knowingly transmits sexually explicit visual material by computer or other electronic means to another person 18 years of age or older when such other person has not requested or consented to the transmittal of such material or has expressly forbidden the transmittal of such material is subject to a civil penalty of not more than $250 for a first offense and not more than $500 for a second offense or subsequent offense.
03/03/22 Senate: House amendment agreed to by Senate (40-Y 0-N)
04/11/22 Governor: Approved by Governor-Chapter 523 (effective 7/1/22)
View bill here.
​
SB 715 Injunctions; review by the Supreme Court of Virginia. Introduced by: J. Chapman Petersen [D]
.Restores the Supreme Court of Virginia's jurisdiction over appeals of injunctions. Under current law, injunctions must first be appealed to the Court of Appeals.
03/03/22 Senate: House amendment agreed to by Senate (40-Y 0-N)
04/11/22 Governor: Approved by Governor-Chapter 307 (effective 7/1/22)
View bill here.​
​
_________________________________________________________________________
​
PENDING
HB 1306 Firearms; removing, altering, etc., serial number, selling, etc., or possessing.
Introduced by: Marcus B. Simon [D]
Removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalty. Makes it a Class 1 misdemeanor for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. The bill also makes it a Class 1 misdemeanor for any person, firm, association, or corporation to sell, give, or distribute any pistol, shotgun, rifle, machine gun, or other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner. The bill contains a reenactment clause.
02/25/22 House: VOTE: Rejected (0-Y 99-N)
03/01/22 Senate: Senate insisted on substitute (31-Y 9-N)
03/01/22 Senate: Senate requested conference committee
03/02/22 House: House acceded to request
03/03/22 Senate: Conferees appointed by Senate
03/03/22 Senate: Senators: Ebbin, McClellan, Stanley
03/07/22 House: Conferees appointed by House
03/07/22 House: Delegates: Simon, Freitas, Cordoza
03/12/22 House: Continued to 2022 Sp. Sess. 1 pursuant to HJR455
View bill here.
​
_________________________________________________________________________
VETOED BY GOVERNOR
​​
SB 464 Witness summons in a criminal matter; requirements. Introduced by: Scott A. Surovell [D]
Requires the attorney for the Commonwealth to file with the clerk of the court a copy of any witness subpoena and to provide a copy of such subpoena to any defendant or attorney for the defendant in the pending criminal matter.
04/11/22 Governor: Vetoed by Governor
View bill here.
​
___________________________________________________________________________
​
DID NOT PASS/CONTINUED TO 2023
​
HB 47 Violation of the terms and conditions of a suspended sentence or probation; technical violations. FAILED
Introduced by: Timothy V. Anderson [R]
Removes from the definition of technical violation, used for the purposes of limiting the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation, violations based on a probationer's failure to (i) refrain from the use, possession, or distribution of controlled substances or related paraphernalia; (ii) refrain from the use, ownership, possession, or transportation of a firearm; (iii) gain permission to change his residence or remain in the Commonwealth or other designated area without permission of the probation officer; or (iv) maintain contact with the probation officer whereby his whereabouts are no longer known to the probation officer.
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 108 Felony homicide; certain drug offenses, penalties. Introduced by: John J. McGuire, III [R].
Felony homicide; certain drug offenses; penalties. 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.
02/11/22 House: Reported from Courts of Justice with substitute (10-Y 8-N)
02/15/22 House: Read third time and passed House (53-Y 46-N)
02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
​
HB 181 Criminal records; sealing of records; repeal. Introduced by: Margaret B. Ransone [R] FAILED.
Criminal records; sealing of records; repeal. Repeals provisions not yet effective allowing for the automatic and petition-based sealing of police and court records for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed.
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 334 Unlawful dissemination of sexually explicit visual material to another; penalty. Introduced by: Kelly K. Convirs-Fowler [D] FAILED
Unlawful dissemination of sexually explicit visual material to another; penalty. Provides that any person 18 years of age or older who knowingly transmits sexually explicit visual material by computer or other electronic means to another person 18 years of age or older when such other person has not requested or consented to the transmittal of such material or has expressly forbidden the transmittal of such material is subject to a civil penalty of not more than $250 for a first offense and not more than $500 for a second offense or subsequent offense.
01/31/22 House: Subcommittee recommends passing by indefinitely (8-Y 0-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 345 Robbery. Introduced by: Vivian E. Watts [D]. FAILED
Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element to the offenses to the two higher degrees of robbery, (ii) allowing persons convicted of the two lesser degrees of robbery to be eligible for conditional release if they are terminally ill and for the enhanced earned sentence credits, (iii) allowing persons who are ineligible for parole as a result of being convicted of three certain enumerated offenses to be eligible for parole if convicted of an offense that would constitute any of the three lesser degrees of robbery, (iv) limiting the application of the three-strikes law to the two higher degrees of robbery and making persons convicted under the three-strikes law eligible for parole if one of the three convictions resulting in the mandatory life sentence would constitute one of the two lesser degrees of robbery, and (v) specifying that persons convicted of either of the two higher degrees of robbery while on administrative furlough or released for work release are ineligible for further furlough or work release and that persons convicted of such offenses are ineligible for home/electronic incarceration etc.
02/09/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 359 Termination of parental rights of person who committed sexual assault; evidence standard. Introduced by: Vivian E. Watts [D] Continued to 2023.
Termination of parental rights of person who committed sexual assault; clear and convincing evidence standard. Provides that the parental rights of a person who has been found by a clear and convincing evidence standard to have committed rape, carnal knowledge, or incest, which act resulted in the conception of a child, may be terminated without the need for the person to have been charged with or convicted of such offense. The bill further provides that the consent of a person found to have committed such an offense is not necessary for the validity of an adoption of such a child.
02/07/22 House: Subcommittee recommends continuing to 2023 by voice vote
02/11/22 House: Continued to 2023 in Courts of Justice by voice vote
View bill here.
​
HB 366 Assault and battery; penalties. Introduced by: Vivian E. Watts [D] FAILED
Assault and battery; penalties. Provides that a simple assault or an assault and battery committed against a judge, magistrate, law-enforcement officer, correctional officer, person directly involved in the care, treatment, or supervision of inmates, firefighter, or volunteer firefighter or emergency medical services personnel by a juvenile who has not been previously convicted of or proceeded against informally or adjudicated delinquent for an offense that would be a felony if committed by an adult is punishable as a Class 1 misdemeanor. Currently, any such offense is a punishable as a Class 6 felony, with a mandatory minimum term of confinement of six months. The bill also provides that any person charged with such offense who has been diagnosed by a psychiatrist or clinical psychologist with a mental illness, developmental disability, or intellectual disability and the violation was caused by or had a direct and substantial relationship to the person's mental illness or disability, then such person is guilty of a Class 1 misdemeanor.
01/31/22 House: Subcommittee recommends passing by indefinitely (6-Y 2-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 369 Court appearance of a person not free on bail. Introduced by: Angelia Williams Graves [D]. FAILED.
Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused, (ii) the information provided to counsel for the accused, (iii) a requirement that counsel for the accused be provided with adequate time to confer with the accused prior to any bail hearing, and (iv) the compensation of counsel for the accused.
01/19/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 415 Criminal cases; sentencing by jury. Introduced by: Jason S. Ballard [R] FAILED
Provides that if a jury finds a person guilty of a criminal offense, such jury shall ascertain the punishment of the offense. Under current law, unless the accused has requested that the jury ascertain punishment, the court shall fix punishment after the accused has been found guilty by a jury.
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 428 Use of confidential informants in drug-related investigations. Introduced by: Rodney T. Willett [R] FAILED
Use of confidential informants in drug-related investigations. Directs the Department of Criminal Justice Services to establish a model policy for the use of confidential informants in drug-related investigations and to include in such model policy that (i) no individual currently on probation may serve as a confidential informant without notice to his probation or parole officer, (ii) no individual who has recently violated the terms of his probation or parole shall serve as a confidential informant, (iii) law-enforcement personnel shall obtain approval from the appropriate local attorney for the Commonwealth prior to working with a confidential informant, and (iv) such confidential informant shall not unlawfully use or possess any controlled substances.
01/26/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 499 Regular grand jury; provisions for court reporter; use and disposition of notes, tapes. Introduced by: Michael P. Mullin [D] LAID ON THE TABLE
Regular grand jury; provisions for court reporter; use and disposition of notes, tapes, and transcriptions. Provides that a court reporter shall be provided for a regular grand jury to record, manually or electronically, and transcribe all oral testimony taken before a regular grand jury, but such reporter shall not be present during any stage of its deliberations. The bill provides that the foreman shall cause the notes, tapes, and transcriptions of the court reporter to be sealed, the container dated, and delivered to the court and that the court shall cause the sealed container to be kept safely. The bill provides for certain circumstances in which the court may authorize disclosure of such sealed notes, tapes, and transcriptions.
02/04/22 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/15/22 House: Left in Courts of Justice
View bill here.
HB 501 Discovery in criminal cases; copies of discovery for the accused. Introduced by: Michael P. Mullin [D] FAILED.
Discovery in criminal cases; copies of discovery for the accused. Provides that for any discovery materials or evidence that the accused is permitted to inspect and review, the accused may request the Commonwealth to copy or photograph such discovery materials or evidence, and the Commonwealth shall provide such copies or photographs to the accused or his counsel.
01/24/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 505 Civil actions filed on behalf of multiple persons. Introduced by: Michael P. Mullin [D] FAILED
Civil actions filed on behalf of multiple persons. Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. The bill requires the Supreme Court to promulgate rules no later than November 1, 2022, governing such actions. The bill has a delayed effective date of July 1, 2023.
02/02/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 515 Malicious prosecution; creates civil cause of action, self-defense. Stricken from the docket. FAILED.
Introduced by: Marie E. March [R]
Creates a civil cause of action for malicious prosecution in any case in which a criminal defendant charged with aggravated murder, murder in the first degree, murder in the second degree, or voluntary manslaughter is found to have acted solely in self-defense. The bill provides that such cause of action shall lie against the prosecutor who brought the charges or prosecuted such criminal case if such criminal defendant can prove that such prosecution was malicious and motivated by reasons other than bringing the alleged defendant to justice.
01/28/22 House: Stricken from docket by Courts of Justice (18-Y 0-N)
View bill here.
​
HB 613 Arrest and prosecution of individual experiencing a mental health emergency; assault. Introduced by: Jeffrey M. Bourne [D]. FAILED
Arrest and prosecution of individual experiencing a mental health emergency; assault or assault and battery against a law-enforcement officer. Provides that no individual shall be subject to arrest or prosecution for an assault or assault and battery against a law-enforcement officer if at the time of the assault or assault and battery (i) the individual (a) is experiencing a mental health emergency or (b) meets the criteria for issuance of an emergency custody order pursuant to § 37.2-808 and (ii) the law-enforcement officer subject to the assault or assault and battery was responding to a call for service requesting assistance for such individual. The bill provides that no law-enforcement officer acting in good faith shall be found liable for false arrest if it is later determined that the person arrested was immune from prosecution.
02/11/22 House: Subcommittee recommends laying on the table (6-Y 0-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 617 Discretionary sentencing guidelines; prior convictions and juvenile adjudications. FAILED
Introduced by: Jeffrey M. Bourne [D]
Provides that, for the purposes of the discretionary sentencing, previous convictions shall not include (i) any adult conviction more than 10 years prior to the date of the commission of the present offense, unless the prior adult conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months for the offense, and the defendant has committed another violent felony within a 15-year period between the date of the defendant's sentencing for the prior offense and commission of the present offense and (ii) any juvenile adjudications of delinquency or any juvenile convictions, unless the juvenile was tried as an adult and the conviction was for a violent felony offense punishable by a maximum term of imprisonment of 40 years or more, the defendant was sentenced to an active prison term of more than 12 months, and the date of offense was within the 10 years preceding sentencing for the present offense. The bill also provides that juvenile adjudications of delinquency and certain adult prior convictions shall not serve as the basis for any sentencing enhancement in an adult criminal case.
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 658 Juveniles; appointment of counsel; indigency. Introduced by: Patrick A. Hope [D] FAILED
Removes provisions stating that when the court appoints counsel to represent a child in a detention hearing or in a case involving a child 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 attorney in whole or in part and refuse to do so, the court shall assess costs against the parents for such legal services in the amount awarded the attorney by the court, not to exceed $100 if the action is in circuit court or the maximum amount specified for court-appointed counsel appearing in district court.
01/26/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here
HB 744 Killing the fetus of another; manslaughter; penalties. Introduced by: Robert B. Bell [R] FAILED
Provides that any person who kills the fetus of another by an intentional act committed while in the sudden heat of passion upon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that any person who kills the fetus of another accidentally, contrary to the intention of the parties and while engaged in conduct so gross, wanton, and culpable as to show a reckless disregard for human life, is guilty of involuntary manslaughter, which is also punishable as a Class 5 felony.
02/11/22 House: Reported from Courts of Justice (11-Y 7-N)
02/15/22 House: VOTE: Passage (58-Y 39-N)
02/16/22 Senate: Referred to Committee on the Judiciary
02/21/22 Senate: Passed by indefinitely in Judiciary (8-Y 7-N)
View bill here.
​
HB 758 Probation, revocation, and suspension of sentence; penalty. Introduced by: Les R. Adams [R] FAILED
Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation and clarifies that a technical violation shall not include a violation of any specific or special term or condition imposed by the court in the original or any subsequent sentencing order and includes the consequences of a violation based solely upon a first technical violation and for a second or subsequent technical violation or any other violation, including a violation of any specific or special term or condition imposed by the court in the original or any subsequent sentencing order. Currently, there are limitations on the amount of active incarceration a court may impose for technical violations.
The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to five years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense.
The bill also adds the offense of crimes against nature committed on or after July 1, 2022, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
02/11/22 House: Committee substitute agreed to 22106124D-H1
02/14/22 House: VOTE: Passage (52-Y 48-N)
02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
03/07/22 Senate: Substitute by Senator Edwards agreed to 22107402D-S2
03/07/22 Senate: Defeated by Senate (18-Y 21-N)
View bill here.
​
HB 760 Limitation on sentence upon revocation of suspension of sentence; technical violations; penalty.., FAILED
Introduced by: Les R. Adams [R]
Specifies that a violation of the terms and conditions of a suspended sentence or probation based on a defendant's failure to refrain from the use, possession, or distribution of a Schedule I or II controlled substance shall not be considered a technical violation. Accordingly, a court is not subject to the limitations on the amount of active incarceration it can impose as a result of a revocation hearing based on such violation and may revoke the suspension and impose or resuspend any or all of the period previously suspended. Currently, a defendant's failure to refrain from the use, possession, or distribution of any controlled substance or paraphernalia is a technical violation.
02/14/22 House: Read third time and passed House (52-Y 48-N)
02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
​
HB 805 Barrier crimes. Introduced by: Marcia S. "Cia" Price [D]. FAILED
Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards etc.
02/03/22 House: Subcommittee recommends passing by indefinitely (5-Y 4-N)
02/15/22 House: Left in Health, Welfare and Institutions
View bill here.
​
HB 811 Admission to bail; rebuttable presumptions against bail.. Introduced by: Wren M. Williams [R] FAILED
Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill and for persons identified as being illegally present in the United States by U.S. Immigration and Customs Enforcement who are charged with certain offenses. The bill also provides that a magistrate, clerk, or deputy clerk of a district court or circuit court shall not admit to bail, that is not set by a judge, any person who is charged with an offense giving rise to a rebuttable presumption against bail without the concurrence of an attorney for the Commonwealth. The bill also requires the court to consider specified factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release.
01/31/22 House: Subcommittee recommends laying on the table (8-Y 0-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​​
HB 812 Admission to bail; rebuttable presumptions against bail. Introduced by: Wren M. Williams [R] FAILED.
Creates a rebuttable presumption against bail for certain criminal offenses enumerated in the bill and for persons identified as being illegally present in the United States by U.S. Immigration and Customs Enforcement who are charged with certain offenses. The bill also requires the court to consider specified factors when determining whether the presumption against bail has been rebutted and whether there are appropriate conditions of release.
02/11/22 House: VOTE: Passage (51-Y 48-N)
02/28/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
​
HB 866 Misdemeanor; maximum term of confinement. Introduced by: Alfonso H. Lopez [D]. FAILED
Reduces the maximum term of confinement in jail for a Class 1 misdemeanor from 12 months to 364 days. The bill contains technical amendments.
01/21/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 871 Discovery in criminal cases; copies of discovery for the accused. Introduced by: Alfonso H. Lopez [D] FAILED
Provides that for any discovery materials or evidence that the accused is permitted to inspect and review, the accused may request the Commonwealth to copy or photograph such discovery materials or evidence, and the Commonwealth shall provide such copies or photographs to the accused or his counsel.
01/24/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 906 Petition for modification of sentence; eligibility; procedures. Introduced by: Carrie E. Coyner [R] FAILED
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.
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 968 Virginia Freedom of Information Act; disclosure of certain criminal investigative files.. Introduced by: Shelly A. Simonds [D] FAILED
Prohibits a public body engaged in law-enforcement activities from disclosing any photographic, audio, video, or physical evidence from a violent crime unless the public body has notified (i) the victim, (ii) members of the victim's immediate family, if the victim is deceased, or (iii) the victim's parent or guardian, if the victim is a minor, of the request of such information. The bill allows such persons to file in an appropriate court a petition for an injunction to prevent release of the records and provides that the period within which the public body shall respond shall be tolled for the amount of time that elapses between the filing of the petition and any resulting disposition by the court.
01/25/22 House: Subcommittee recommends striking from docket (8-Y 0-N)
02/03/22 House: Stricken from docket by General Laws (16-Y 0-N)
View bill here.
​
HB 1073 Probation, revocation, and suspension of sentence; penalty. FAILED
Introduced by: James A. "Jay" Leftwich [R]
Repeals the limitations on the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation or violation of the terms and conditions of a suspended sentence. Under current law, there are limitations on the amount of active incarceration a court can impose for defined technical violations. The bill also removes limitations on the lengths of a period of probation and period of suspension of a sentence that may be fixed by the court. Under current law, 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, with some exceptions. The bill also makes changes to the time periods within which a court must issue process to notify the accused of a revocation hearing.
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 1165 Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment. FAILED
Introduced by: Nadarius E. Clark [D]
Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment; depositions.
01/24/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 1198 Attorney General; instituting/conducting crim. prosecutions for certain violence against children. FAILED
Introduced by: Robert B. Bell [D]
Attorney General; instituting or conducting criminal prosecutions for cases involving criminal sexual assault. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving violations of criminal sexual assault when such crimes are committed against children.
02/28/22 Senate: Passed by indefinitely in Judiciary (8-Y 7-N)
View bill here.
​
HB 1241 Pretrial Intervention and Diversion Program; created. FAILED.
Introduced by: G. "John" Avoli [R]
Pretrial Intervention and Diversion Program. Authorizes the attorney for the Commonwealth for each judicial circuit of the Commonwealth to create and administer a Pretrial Intervention and Diversion Program for the purpose of providing an alternative to prosecuting offenders in the criminal justice system. The bill provides that entry into such program shall be at the discretion of the attorney for the Commonwealth based upon written guidelines and that no attorney for the Commonwealth shall accept any offender into such program for an offense for which punishment includes a mandatory minimum sentence of imprisonment.
02/15/22 House: Left in Courts of Justice
View bill here.
​
HB 1242 Probation violations; periods of probation and suspension, technical violations. STRICKEN FROM DOCKET
Introduced by: Don L. Scott [D]
Provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any offense; however, the court may fix the period of probation or suspension for up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor if the sentence does not include any active period of incarceration. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense. The bill also specifies that a probationer's failure to maintain contact with the probation officer without reasonable excuse or justification whereby his whereabouts are no longer known to the probation officer shall not be treated as a technical violation; accordingly, if the court finds the basis of a violation is a probationer's failure to maintain such contact without reasonable excuse or justification, then the court is not subject to the limitations on sentencing and may revoke the suspension and impose or resuspend any or all of the period previously suspended.
01/28/22 House: Stricken from docket by Courts of Justice (18-Y 0-N)
View bill here.
​
HJ 62 Study; JLARC; Judicial Inquiry and Review Commission; report FAILED.
Introduced by: Patrick A. Hope[D}
Directs the Joint Legislative Audit and Review Commission to, by November 30, 2023, (i) review general operations of the Judicial Inquiry and Review Commission, including (a) procedures and persons responsible for reviewing complaints received and determining whether to dismiss or investigate such complaints, (b) processes for determining whether to conduct informal or formal hearings, and (c) any informal or established rules used to determine disciplinary action imposed on a judge or justice; (ii) consider the requirements for election of members of the Judicial Inquiry and Review Commission and determine whether (a) the current number of members and (b) the qualifications of members elected are adequate to ensure proper judicial oversight and accountability; (iii) identify areas of weakness and potential areas of improvement; (iv) research best practices for judicial accountability and discipline; (v) provide recommendations to increase transparency, eliminate actual or perceived bias, increase efficiency and establish deadlines or specific timeframes for resolving complaints, provide effective interventions prior to the need for disciplinary action, and establish rules surrounding the types of disciplinary actions taken and when to take specific disciplinary action; and (vi) keep confidential all records, transcripts, papers, investigatory notes, files, or other confidential information provided by the Judicial Inquiry and Review Commission to the Joint Legislative Audit and Review Commission.
01/28/22 House: Assigned Rules sub: Studies
02/15/22 House: Left in Rules
View bill here
​
SB 79 Class 1 felonies; mandatory minimum term of imprisonment for life FAILED
Introduced by: William M. Stanley, Jr. [R]
Provides that any person convicted of a Class 1 felony who was 18 years of age or older at the time of the offense and is not determined to be a person with intellectual disability shall be sentenced to a mandatory minimum term of imprisonment for life.
01/19/22 Senate: Passed by indefinitely in Judiciary (8-Y 7-N)
View bill here.
​
SB 104 Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term. FAILED
Introduced by: Joseph D. Morrissey [D]
Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses; report. Eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement and to report its findings by November 1, 2022.
01/17/22 Senate: Reported from Judiciary with substitute (8-Y 7-N)
02/14/22 Senate: Read third time and defeated by Senate (19-Y 21-N)
View bill here.
​
SB 122 Killing the fetus of another; manslaughter; penalties. Introduced by: Mark D. Obenshain [R]. Passed by indefinitely.
Provides that any person who kills the fetus of another by an intentional act committed while in the sudden heat of passion upon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that any person who kills the fetus of another accidentally, contrary to the intention of the parties and while engaged in conduct so gross, wanton, and culpable as to show a reckless disregard for human life, is guilty of involuntary manslaughter, which is also punishable as a Class 5 felony.
01/26/22 Senate: Incorporates SB155 (Hanger)
02/10/22 Senate: Passed by indefinitely in Finance and Appropriations (11-Y 5-N)
View bill here.
​
SB 123 Criminal cases; sentencing by jury FAILED. Introduced by: Mark D. Obenshain [R]
Provides that if a jury finds a person guilty of a criminal offense, such jury shall ascertain the punishment of the offense. Under current law, unless the accused has requested that the jury ascertain punishment, the court shall fix punishment after the accused has been found guilty by a jury.
01/19/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
​
SB 134 Juvenile and domestic relations district courts; raises maximum age for delinquency matters. Introduced by: John S. Edwards [D] FAILED
Juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age. Raises the maximum age for delinquency matters in juvenile and domestic relations district courts from persons under 18 years of age to persons under 21 years of age. The bill defines "underage person" as an individual who is 18 years of age or older but less than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings in juvenile and domestic relations district courts, the transfer of delinquency matters to circuit courts, and criminal procedure as currently applies to juveniles only. The bill differentiates between juveniles and underage persons in specific circumstances, including consent
02/28/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
03/08/22 House: Left in Courts of Justice
View bill here.
​
SB 137 Sentencing guidelines; written explanation; appeal. Introduced by: John S. Edwards [D]
Sentencing guidelines; written explanation; appeal. 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 also 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, may be reviewable on appeal or the basis of any other post-conviction relief. 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, 2022.
03/04/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
03/08/22 House: Left in Courts of Justice
View bill here.
​
SB 138 Discovery in criminal cases; copies of discovery for the accused. Introduced by: John S. Edwards [D].
Discovery in criminal cases; copies of discovery for the accused. Provides that for any discovery materials or evidence that the accused is permitted to inspect and review, the accused may request the Commonwealth to copy or photograph such discovery materials or evidence, and the Commonwealth shall provide such copies or photographs to the accused or his counsel.
02/28/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
03/08/22 House: Left in Courts of Justice
View bill here.
​
SB 296 Sentencing proceeding by jury after conviction; relevant mitigating evidence. Introduced by: R. Creigh Deeds [D] FAILED.
Sentencing proceeding by jury after conviction; relevant mitigating evidence. Provides that relevant evidence that may be admissible by the defendant during the sentencing phase by a jury may include the circumstances surrounding the offense, the history and background of the defendant, and any other facts in mitigation of the offense. The bill also provides various examples of facts in mitigation of the offense.
02/14/22 Senate: Reported from Judiciary with amendment (15-Y 0-N)
02/15/22 Senate: Passed Senate (40-Y 0-N)
03/04/22 House: Subcommittee recommends passing by indefinitely (5-Y 3-N)
View bill here.
​
SB 378 Petition for modification of sentence; eligibility, procedures. Introduced by: J. Chapman Petersen [D] FAILED
Petition for modification of sentence; eligibility; procedures. 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.
02/07/22 Senate: Reported from Judiciary (9-Y 5-N)
02/15/22 Senate: Passed Senate (25-Y 15-N)
02/28/22 House: Subcommittee recommends laying on the table (5-Y 3-N)
View bill here.
​
SB 379 Capital murder; death penalty for willful, deliberate, etc., killing of a law-enforcement officer. Introduced by: Bill DeSteph [R] FAILED
Capital murder; death penalty for the willful, deliberate, and premeditated killing of a law-enforcement officer. Authorizes punishment by death for the willful, deliberate, and premeditated killing of a law-enforcement officer.
02/07/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
​
SB 411 Possession of controlled substances; penalties. Introduced by: Joseph D. Morrissey [D] FAILED
Possession of controlled substances; penalties. Reduces the penalty for possession of a Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill removes felony violations of possession of a controlled substance from the definition of barrier crime related to criminal history checks for eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses.
The bill also limits the previous convictions that make a person ineligible for disposition under the first offender statute to a previous conviction for possession of a controlled substance or manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance. Under current law, a previous conviction for any drug-related criminal offense, or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the required conditions of probation under the first offender statute etc.
02/07/22 Senate: Reported from Judiciary (9-Y 6-N)
02/10/22 Senate: Read third time and defeated by Senate (19-Y 21-N)
View bill here.
​
SB 413 Persons charged with first offense drug possession; probation. Introduced by: Joseph D. Morrissey [D] FAILED
Persons charged with first offense drug possession; probation. Requires a court to defer proceedings and place a defendant on probation if such defendant is charged with possession of a controlled substance and qualifies under the first offender statute. Under current law, a court has discretion to defer proceedings and place such defendant on probation.
02/01/22 Senate: Read third time and passed Senate (24-Y 16-N)
03/02/22 House: Subcommittee recommends passing by indefinitely (5-Y 2-N)
03/08/22 House: Left in Courts of Justice​
View bill here
​
SB 453 Assault and battery; persons diagnosed with autism spectrum disorder, intellectual disability. Introduced by: Jennifer B. Boysko [D] FAILED
Assault and battery; persons diagnosed with autism spectrum disorder, intellectual disability, or mental illness; penalties. Provides that any person charged with a simple assault and battery offense who has been diagnosed by a psychiatrist or clinical psychologist with an autism spectrum disorder, an intellectual disability, or mental illness and the violation was caused by or had a direct and substantial relationship to the person's disorder or disability is guilty of a Class 1 misdemeanor and shall not be subject to mandatory minimum punishment. Under current law, certain simple assault and battery offenses carry a mandatory minimum punishment when such offenses are committed against certain groups of people.
02/09/22 Senate: Reported from Judiciary with substitute (11-Y 2-N)
02/14/22 Senate: Read third time and passed Senate (27-Y 13-N)
02/23/22 House: Subcommittee recommends laying on the table (7-Y 0-N)
03/08/22 House: Left in Courts of Justice
View bill here.
​
SB 563 Attorney General; instituting or conducting criminal prosecutions for acts of violence. FAILED.
Introduced by: Ryan T. McDougle [R]
Attorney General; instituting or conducting criminal prosecutions for acts of violence. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of the criminal laws involving an act of violence when such prosecution is requested by the sheriff or chief of police investigating the violation. The bill also provides that, prior to instituting or conducting a criminal prosecution for such cases involving a violation of the criminal laws involving an act of violence, the Attorney General shall give notice to the local attorney for the Commonwealth where such violation occurred of his intent to institute or conduct such criminal prosecution.
01/26/22 Senate: Passed by indefinitely in Judiciary (8-Y 7-N)
View bill here.
​
SB 573 Evidence of defendant's mental condition; specific intent crimes Introduced by: Ryan T. McDougle [R] FAILED
Evidence of defendant's mental condition; specific intent crimes. Clarifies that a defendant may offer evidence concerning the defendant's mental condition at the time of the alleged offense in certain circumstances for specific intent offenses only.
01/26/22 Senate: Passed by indefinitely in Judiciary (9-Y 6-N)
View bill here.
​
SB 645 Criminal proceedings; evidence of defendant's mental condition. Introduced by: John A. Cosgrove, Jr. [R] FAILED
01/26/22 Senate: Passed by indefinitely in Judiciary (10-Y 5-N)
View bill here.
​
SB 674 Pretrial Intervention and Diversion Program. FAILED.
Introduced by: Emmett W. Hanger.
Pretrial Intervention and Diversion Program. Authorizes the attorney for the Commonwealth for each judicial circuit of the Commonwealth to create and administer a Pretrial Intervention and Diversion Program for the purpose of providing an alternative to prosecuting offenders in the criminal justice system. The bill provides that entry into such program shall be at the discretion of the attorney for the Commonwealth based upon written guidelines and that no attorney for the Commonwealth shall accept any offender into such program for an offense for which punishment includes a mandatory minimum sentence of imprisonment.
02/25/22 House: Subcommittee recommends laying on the table (6-Y 2-N)
03/08/22 House: Left in Courts of Justice
View bill here.
​
SB 745 Marijuana-related offenses; modification of sentence. FAILED
Introduced by: Scott A. Surovell [D]
Modification of sentence for marijuana-related offenses. . Creates a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2022, shall receive an automatic hearing to consider modification of such person's sentence. The bill also provides that a person is eligible to be considered for parole if such person was convicted of a felony conviction, except for an act of violence, and had such felony conviction sentence enhanced because of a felony marijuana conviction and such offense was committed on or after January 1, 1995, and the person was committed by a court to the Department of Corrections and remained incarcerated for such offense on July 1, 2022. The bill incorporates SB 518.
02/15/22 Senate: Passed Senate (22-Y 18-N)
02/28/22 House: Subcommittee recommends reporting with substitute (7-Y 1-N)
03/02/22 House: Reported from Courts of Justice with substitute (13-Y 7-N)
03/04/22 House: Tabled in Appropriations (12-Y 10-N)
03/07/22 House: Reconsidered by Appropriations
03/07/22 House: Failed to report (defeated) in Appropriations (10-Y 12-N)
View bill here.
​
​