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SENTENCING BILLS PASSED 2020 (Regular and Special Session)
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HB 639 Persons acquitted by reason of insanity - regular session 2020
Sponsored by Delegate Chris Hurst [D]
03/03/20 Governor: Approved by Governor-Chapter 96 (effective 7/1/20)
Use of two-way electronic communications in proceedings. Permits hearings required for proceedings involving persons acquitted of a criminal offense by reason of insanity to be conducted using a two-way electronic video and audio communication system. Read it here
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HB 100 Voir Dire Examination - regular session 2020
Sponsored by Delegate Joseph Lindsey
03/04/20 Governor: Approved by Governor-Chapter 157 (effective 7/1/20)
Allows the court and counsel for either party in a criminal case to (i) ask potential jurors any relevant question to ascertain whether the juror can sit impartially in either the guilt or sentencing phase of the case and (ii) inform any potential juror as to the potential range of punishments to ascertain if the person or juror can sit impartially in the sentencing phase of the case. This bill is identical to SB 325. Bill information here.
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HB 744 Sentencing of juvenile tried as adult - regular session 2020
Sponsored by Delegate Vivian Watts (D)
03/23/20 Approved by Governor-Chapter 396 (effective 7/1/20)
Provides that a Sentencing of juvenile tried as adult. Provides that a court, in the case of a juvenile tried as an adult and convicted of a felony, may depart from any mandatory minimum sentence required by law, suspend any portion of an otherwise applicable sentence, or deal with the juvenile in the same manner as a case in the juvenile court if the court finds by clear and convincing evidence that the victim of the felony offense trafficked the juvenile in violation of human trafficking laws, sexually assaulted or abused the juvenile within one year of the commission of the felony offense, or sexually assaulted or abused the juvenile, causing such juvenile to be an abused or neglected child. The bill also requires the court, when sentencing a juvenile as an adult, to consider the juvenile's exposure to adverse childhood experiences, early childhood trauma, or any child welfare agency and the differences between juvenile and adult offenders, including the diminished culpability of juveniles. After considering such factors, the court may reduce or suspend any mandatory minimum sentence or maximum period of incarceration prescribed by law that the juvenile is required to serve by not more than 50 percent if the court determines that such reduction is appropriate in relation to the juvenile's age, the juvenile's prospects for rehabilitation, or any other mitigating... Bill information here.
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HB 792 Appeals of right in general district court - regular session 2020
Sponsored by Delegate Marcus Simon [D]
04/10/20 Governor: Approved by Governor-Chapter 1048 (effective 7/1/20)
Provides that there shall be an appeal of right to a court of record from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order entered or judgment rendered on any issues previously adjudicated on the merits in the prior proceeding. The bill further provides that a party to an action in general district court may file a separate notice of appeal relating to any other final order or judgment entered in an action by filing a notice of appeal within the 10-day appeal of right time period, or within five business days after such notice of appeal is filed, whichever is later. This bill is a recommendation of the Boyd-Graves Conference. Bill information here.
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HB 873 Discovery in criminal cases; penalties - Regular session 2020
Sponsored by Delegate Jeffrey Bourne [D] effective date see bill.
04/11/20 Governor: Approved by Governor- Chapter 1167 . See bill for effective date.
Discovery in criminal cases; penalties. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides a mechanism for redaction of certain personal identifying information. The bill also creates a procedure whereby the parties may conduct depositions of witnesses prior to trial and use statements obtained during such depositions for impeachment at trial as a prior inconsistent statement. The bill creates a procedure for either party to move the court to enter a protection order with regard to discovery and, if granted, the court may order any condition limiting, but not preventing, disclosure, so long as the condition is necessary to the orderly adjudication of the case or to the fair administration of justice. Finally, the bill (i) makes it a Class 6 felony for any person to willfully omit or misrepresent evidence or information required to be disclosed to the accused, (ii) makes it a Class 1 misdemeanor for any person to willfully omit or misrepresent any other evidence of information required to be disclosed, and (iii) grants the court the ability to impose additional remedies it deems just if a... Read bill information here.
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HB 1150 Inquiry and report of immigration status; persons charged with or convicted of certain crimes - Regular Session 2020
Sponsored by Delegate Alfonso Lopez [D], Delegate Sally Hudson [D], Delegate Mark Levine [D]
04/09/20 Governor: Approved by Governor-Chapter 995 (effective date 7/1/20)
Removes provisions requiring (i) jail officers to ascertain the citizenship of any inmate taken into custody at a jail, (ii) probation and parole officers to inquire as to the citizenship status of an individual convicted of a felony in circuit court and referred to such officers, and (iii) officers in charge of correctional facilities to inquire as to the citizenship of any person committed to a correctional facility, and therefore such information is not required to be reported to the Central Criminal Records Exchange of the Department of State Police. The bill also removes the mandatory duty of the clerk of a court committing a convicted alien to a correctional facility to furnish related court records to a United States immigration officer and the requirement that an intake officer report to the Bureau of Immigration and Customs Enforcement of the U.S. Department of Homeland Security any juvenile detained on an allegation that the juvenile, believed to be in the United States illegally, committed a violent felony.
Bill information here.
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HB 1437 Juvenile confinement for violation of court order - regular session 2020
Sponsored by Delegate Jerrauld Jones [D]
04/02/20 Approved by Governor-Chapter 593 (effective date 7/1/20)
Reduces from 10 days to seven days the maximum allowable period of confinement of a juvenile in a secure facility for a contempt violation or when a child in need of supervision is found to have willfully and materially violated an order of the court. The bill also provides that any order of disposition of such violation confining the juvenile in a secure facility for juveniles shall (i) identify the valid court order that has been violated; (ii) specify the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (iii) state the findings of fact that support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in such a facility, with due consideration to the best interest of the juvenile; (iv) specify the length of time of such confinement, not to exceed seven days; and (v) include a plan for the juvenile's release from such facility. Read bill information here.
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HB 5062 Criminal charges; dismissal on Commonwealth's motion - Special Session 2020
Introduced by Delegate Michael Mullin [D]
09/04/20 House: Read third time and passed House (55-Y 43-N
10/01/20 Senate: Passed Senate with substitute (31-Y 9-N)
10/02/20 House: Senate substitute agreed to by House (54-Y 39-N)
10/02/20 House: Senate substitute agreed to by House 20201289D-S3 (54-Y 39-N)
10/02/20 House: VOTE: Adoption (54-Y 39-N)
10/07/20 House: Bill text as passed House and Senate (HB5062ER)
10/07/20 House: Signed by Speaker
10/07/20 Senate: Signed by President
10/14/20 House: Enrolled Bill communicated to Governor on October 14, 2020
10/21/20 Governor: Approved by Governor- (effective 3/1/21)
Requires a court to grant a motion to dismiss made by the Commonwealth, whether with or without prejudice, and with the consent of the defendant unless the court finds by clear and convincing evidence that the motion was made as the result of (i) bribery or (ii) animus toward a victim because of the race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin of the victim.
Read bill here.
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SB 2 Marijuana; decriminalization - regular session 2020
Sponsored by Senator Adam Ebbin [D], Senator Thomas Norment [R], Senator Joseph Morrissey [D]
05/21/20 Governor: Approved by Governor-Chapter 1286 (effective 7/1/20)
05/21/20 Governor: Acts of Assembly Chapter text (CHAP1286)
Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50, or 5 hours of community service as an alternative punishment. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence and substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations. The bill also provides that simple possession of marijuana may constitute conduct that presents a serious threat to the well-being of a child for the purposes of defining a "child in need of services." The bill defines marijuana to include hashish oil. The bill raises the threshold amount of marijuana subject to the offense of distribution or possession with intent to distribute from one-half ounce to one ounce. The bill contains technical amendments. Bill information here.
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SB 133 Deferred Disposition in Criminal Cases - regular session 2020
Sponsored by Senator Richard Stuart [R]
04/09/20 Governor: Approved by Governor-Chapter 1004 (effective 7/1/20)
Allows a court to defer and dismiss a criminal case where the defendant has been diagnosed with autism or an intellectual disability. Bill information here.
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SB 511 Petition for writ of actual innocence (2020) - regular session 2020
Sponsored by Senator John Edwards [D]
04/09/20 Governor: Approved by Governor-Chapter 994 (effective 7/1/20)
Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for a writ based on biological evidence if he entered a plea of not guilty, and any person, regardless of the type of plea he entered at trial, may petition for such writ if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also (i) allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction, and (ii) eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill provides that the petitioner must prove the allegations supporting either type of writ of actual innocence by a preponderance of the evidence. Currently, the petitioner must prove such allegations by clear and convincing evidence. Finally, the bill clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of... Bill information here.
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SB 545 Appeals of right in general district court - regular session 2020
Sponsored by Senator John Edwards [D]
04/10/20 Governor: Approved by Governor-Chapter 1049 (effective 7/1/20)
Provides that there shall be an appeal of right to a court of record from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order entered or judgment rendered on any issues previously adjudicated on the merits in the prior proceeding. The bill further provides that a party to an action in general district court may file a separate notice of appeal relating to any other final order or judgment entered in an action by filing a notice of appeal within the 10-day appeal of right time period, or within five business days after such notice of appeal is filed, whichever is later. Read full text here.
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SB 546 Juveniles; trial as adult (2020) - regular session 2020
Sponsored by Senator John Edwards [D]
04/09/20 Governor: Approved by Governor-Chapter 988 (effective 7/1/20)
Increases from 14 years of age to 16 years of age the minimum age at which a juvenile can be tried as an adult in circuit court for a felony. Read full text here.
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SB 1071 DNA; post-conviction testing (2020) - Regular session 2020
Introduced by Senator Thomas K. Norment, Jr. (R)
04/22/20 House: Enacted, Chapter 1282 (effective 7/1/20)
04/22/20 Governor: Acts of Assembly Chapter text (CHAP1282)
04/22/20 Senate: Senate concurred in Governor's recommendation (39-Y 1-N)
Permits private laboratories that are accredited and follow the appropriate Quality Assurance Standards issued by the Federal Bureau of Investigation to complete post-conviction testing of DNA evidence. Bill information here.
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SB 5007 Criminal cases; sentencing reform - Special session 2020
Introduced by Senator Joseph Morrissey [D]
10/07/20 Senate: House substitute with amendment rejected by Senate (13-Y 23-N)
10/07/20 House: House insisted on substitute with amendment
10/07/20 House: House requested conference committee
10/07/20 Senate: Senate acceded to request (23-Y 12-N)
10/07/20 Senate: Conferees appointed by Senate
10/07/20 Senate: Senators: Morrissey, Edwards, Stanley
10/07/20 House: Conferees appointed by House
10/07/20 House: Delegates: Herring, Scott, Coyner
10/14/20 Conference: Amended by conference committee
10/14/20 Senate: Conference substitute printed 20201357D-S3
10/16/20 Senate: Conference report agreed to by Senate (22-Y 16-N)
10/28/20 Senate: Enrolled
10/28/20 Senate: Bill text as passed Senate and House (SB5007ER)
10/30/20 Senate: Signed by President
10/30/20 Senate: Enrolled Bill Communicated to Governor on October 30, 2020
10/30/20 Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020
1/05/20 Governor: Approved by Governor-Chapter 43 (effective 7/1/21)
Criminal cases; sentencing reform. Provides that in a criminal case the court shall ascertain the extent of the punishment unless the accused has requested that the jury ascertain punishment or was found guilty of capital murder. The bill also provides that if a jury cannot agree on a punishment, the court shall fix punishment. The bill provides that the attorney for the Commonwealth may not demand a jury trial when an order declaring a judicial emergency has suspended criminal jury trials.
Read bill here
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SB 5033 Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case - Special session 2020
Introduced by Senator Scott Surovell [D]
09/25/20 House: Passed House with substitute 53-Y 44-N
10/02/20 Senate: House substitute agreed to by Senate (31-Y 7-N)
10/07/20 Senate: Enrolled
10/07/20 Senate: Bill text as passed Senate and House (SB5033ER)​
10/07/20 Senate: Signed by President
10/07/20 House: Signed by Speaker
10/14/20 Senate: Enrolled Bill Communicated to Governor on October 14, 2020
0/21/20 Governor: Approved by Governor- (effective 3/1/21)
Provides that, upon the agreement of the Commonwealth and the defendant, a trial court may defer proceedings; defer entry of a conviction order, if none, or defer entry of a final order; and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties. The bill also defines "good cause" for purposes of a nolle prosequi for the prosecutorial disposal of a criminal case.
Read bill here.
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SJ 35 Study; barrier crimes and criminal history records checks; report - Regular session 2020
Introduced by Senator John Edwards [D]
03/08/20 Senate: Conference report agreed to by Senate by voice vote
Study; barrier crimes and criminal history records checks; report. Establishes a joint subcommittee to study the Commonwealth's requirements related to barrier crimes and criminal history records checks. The resolution directs the joint subcommittee to, in conducting its study, develop recommendations related to (i) whether statutory provisions related to criminal history records checks, barrier crimes, and barrier crime exceptions should be reorganized and consolidated into a central location in the Code of Virginia; (ii) whether certain crimes should be removed from the list of barrier crimes; (iii) whether barrier crime exceptions and waiver processes should be broadened; (iv) whether the required amount of time that must lapse after conviction of certain barrier crimes should be shortened; and (v) other changes that could be made to criminal history records check and barrier crimes requirements that would improve the organization, effectiveness, and fairness of such provisions. Read full text here.
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FAILED 2020
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HB 87 Marijuana; Legalization, Simple Possession (2020)
Introduced by Delegate Lee Carter (D)
12/04/20 House: Left in Courts of Justice
Marijuana; legalization of simple marijuana possession; penalties. Eliminates Marijuana; legalization of simple marijuana possession; penalties. Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age and provides a civil penalty of no more than $100 for possession of (i) two and one-half ounces or less of marijuana or (ii) 12 or fewer marijuana plants and a civil penalty of no more than $500 for possession of more than (a) two and one-half ounces of marijuana or (b) 12 marijuana plants. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies several other criminal penalties related to marijuana. Read full text here.
HB 251 Prostitution-related crimes; minors; penalties (2020)
Introduced by Delegate Vivan Watts (D)
12/04/20 Senate: Left in Judiciary
Increases from a Class 1 misdemeanor to a Class 6 felony the penalty for an adult for keeping, residing in, or visiting a bawdy place with a minor. The bill also adds felony violations of such offense to (i) the list of offenses for which registration in the Sex Offender and Crimes Against Minors Registry is required, (ii) the definition of violent felony for the purposes of the sentencing guidelines, (iii) the list of predicate criminal acts that constitutes the definition of street gangs, (iv) the list of offenses that may constitute racketeering under the Virginia Racketeer Influenced and Corrupt Organization Act, and (v) the offenses that may be investigated by a multi-jurisdiction grand jury. The bill also makes applicable to all persons, regardless of the gender of the victim, the crimes of (a) assisting or aiding in the abduction of or threatening to abduct a female under 16 years of age for the purpose of concubinage or prostitution, which the bill also changes to include any person under 18 years of age, and (b) placing or leaving one's wife in a bawdy place. Read full text here.
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HB 258 Post-conviction relief; previously admitted scientific Post-conviction relief (2020)
Sponsored by Delegate Marcus Simon [D]
01/22/2020 Subcommittee recommends laying on the table (5-Y 3-N) Bill Killed.
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.
HB 269 Marijuana; legalization of simple marijuana possession; penalty (2020)
Delegate Steve Heretick [D]
12/04/20 House: Left in Courts of Justice
Eliminates criminal penalties for possession of marijuana for persons who are 21 years of age or older. The bill also decriminalizes marijuana possession for persons under 21 years of age and provides a civil penalty of no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill also modifies several other criminal penalties related to marijuana. The bill establishes a regulatory scheme for the regulation of marijuana cultivation facilities, marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the Board of Agriculture and Consumer Services. The bill imposes a tax on retail marijuana and retail marijuana products sold by a retail marijuana store at a rate of 9.7 percent (for a total sales tax of 15 percent) and provides that 67 percent of the revenues collected from the tax be deposited into the general fund and 33 percent of the revenues be deposited into a "Retail Marijuana Education Support Fund" to be used solely for purposes of public education. Read full text here.
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HB 279 Sentencing proceeding by the jury after conviction; recommendation of leniency (2020)
Sponsored by Delegate Patrick Hope (D)
01/22/2020: Subcommittee recommends laying on the table (7-Y 0-N) Bill killed.
Provides that a jury may, in ascertaining the punishment for a person convicted of a felony or Class 1 misdemeanor, recommend that the sentence imposed be suspended in whole or in part, or that sentences imposed for multiple offenses be served concurrently, except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury. The bill also allows the jury to recommend that the defendant be placed on probation, make full or partial restitution, perform community service, or receive mental health or substance abuse treatment in lieu of incarceration or as a condition of any suspended sentence, and requires the court to follow such recommendation unless good cause is shown for why the recommendation is inappropriate or unavailable.
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HB 477 Juveniles; trial as adult. Increases from age 14 to age 16 (2020)
Sponsored by Delegate Elizabeth Guzman [D] and Delegate Sally Hudson [D]
02/20/2020 House: VOTE: REJECTED (0-Y 98-N) (Y: 0 N: 97 NV: 2 Abs: 0) Bill FAILS
Increases from age 14 to age 16 the minimum age at which a juvenile must be tried as an adult in circuit court for murder or aggravated malicious wounding or for certain charges requiring notice of intent to try such juvenile as an adult by the attorney for the Commonwealth. In order to be tried as an adult in circuit court for charges that require notice of intent to proceed with trial as an adult by the attorney for the Commonwealth, the bill requires that (i) a report of the juvenile be prepared by probation services or other qualified agency and (ii) the attorney for the Commonwealth review such report prior to filing his notice of intent to proceed with a preliminary hearing for trial of such juvenile as an adult. Read full text here.
HB 667 Habitual offenders; driving while intoxicated (2020)
Sponsored by Delegate Michael Mullin [D]
02/03/2020 Subcommittee recommends striking from docket (7-Y 0-N)
Decreases the penalty for driving while intoxicated while a habitual offender revocation is in effect, provided that such driving does not endanger the life, limb, or property of another, from a felony with a mandatory minimum of one year confinement to a Class 1 misdemeanor with a mandatory minimum of 10 days confinement. Read full text here.
HB 682 Capital murder; punishment (2020)
Sponsored Delegate Rob Bell (R)
02/14/2020 Left in Courts of Justice. Bill fails.
Capital murder; punishment. Provides that any person Capital murder; punishment. Provides that any person convicted of capital murder involving the willful, deliberate, and premeditated killing of a person under the age of 14 by a person age 21 or older shall be sentenced to no less than a mandatory minimum term of ... Read full text here.
HB 745 Sentencing of juvenile tried as adult (2020)
Sponsored by Delegate Vivian Watts [D]
01/06/2020 Committee referral pending
01/10/2020 Stricken from House calendar
Provides that a Sentencing of juvenile tried as adult. Provides that a court, in the case of a juvenile tried as an adult and convicted of a felony, may depart from any mandatory minimum sentence required by law, suspend any portion of an otherwise applicable sentence, or deal with the juvenile in the same manner as a case in the juvenile court if the court finds by clear and convincing evidence that the victim of the felony offense trafficked the juvenile in violation of human trafficking laws or sexually assaulted or abused the juvenile within one year of the commission of the felony offense. The bill also requires the court, when sentencing a juvenile as an adult, to consider the juvenile's exposure to adverse childhood experiences, early childhood trauma, or any child welfare agency and the differences between juvenile and adult offenders, including the diminished culpability of juveniles. After considering such factors, the court may reduce or suspend any mandatory minimum sentence or maximum period of incarceration prescribed by law that the juvenile is required to serve by not more than 50 percent if the court determines that such reduction is appropriate in relation to the juvenile's age, the juvenile's... Read full text here.
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HB 871 Robbery; penalty. Defines "robbery" and creates degrees of punishment (2020)
Sponsored by Delegate Jeffrey Bourne [D] and Delegate Lashrecse Aird [D]
12/04/20 House: Left in Courts of Justice
Any person who commits a robbery by causing serious bodily injury is guilty of robbery in the first degree, which is punishable by confinement in a state correctional facility for a maximum term of life. Any person who commits robbery by displaying a firearm in a threatening manner is guilty of robbery in the second degree, which is punishable by confinement in a state correctional facility for a maximum term of 20 years. Any person who commits robbery by using physical force not resulting in serious bodily injury, or by displaying a deadly weapon other than a firearm in a threatening manner, is guilty of robbery in the third degree, which is punishable as a Class 5 felony. Any person who commits robbery by using threat or intimidation not involving a deadly weapon is guilty of robbery in the fourth degree, which is punishable as a Class 6 felony. Read full text here.
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HB 1035 Attorneys for the Commonwealth; compensation and collection of fees. (2020)
Sponsored by Delegate Mark Simon (D)
12/04/20 House: Left in Courts of Justice
Prohibits the Compensation Board, when determining staffing and funding levels for offices of attorneys for the Commonwealth, from (i) considering the number of charges brought or the number of convictions obtained by such attorney for the Commonwealth; (ii) relying on standards devised or recommended by the attorney for the Commonwealth, law-enforcement agencies, or professional associations representing attorneys for the Commonwealth or law-enforcement officers; or (iii) using measures that increase if an attorney for the Commonwealth (a) elects to prosecute a more serious charge, (b) elects to prosecute additional charges from a single arrest or criminal incident, (c) obtains convictions rather than dismissing charges or offering reduced charges, or (d) proceeds with prosecution rather than diversion. The bill also requires attorneys for the Commonwealth to pay all fees collected by them in consideration of the performance of official duties or functions into the state treasury, instead of only half of such fees. The bill requires the State Treasurer to pay to the treasuries of the respective counties and cities of the attorneys for the Commonwealth a proportion of half of all such fees collected by all attorneys for the Commonwealth, as determined by each county or city's crime rate, criminal incident rate, or arrest rate. Finally, the bill changes the fees collected by attorneys for the Commonwealth on trials of felony indictments from $40 on each count to $120 for each trial of a Class 1 or Class 2 felony indictment, or other felony that carries a possible penalty of life in prison, except robbery, and $40 for each trial on robbery and all other felony indictments regardless of the number of counts. The bill contains technical amendments. Read bill text here.
HB 1039 Felony homicide; repeal (2020)
Sponsored by Delegate Sam Rasoul (D)
02/11/2020 Left in Courts of Justice (Bill fails)
Repeals the crime of felony homicide. Under current law, felony homicide is the killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than capital murder or first degree murder. Read full text here.
HB 1180 Misdemeanor; maximum term of confinement (2020)
Sponsored by Delegate Alfonso Lopez [D]
02/11/2020 Left in Courts of Justice (Bill fails)
Reduces the maximum term of confinement in jail for Misdemeanor; maximum term of confinement. Reduces the maximum term of confinement in jail for a Class 1 misdemeanor and certain unclassified misdemeanors from 12 months to... Read full text here.
HB 1444 Discovery in criminal cases; duty to provide (2020)
Sponsored by Delegate Joshua Cole [D]
01/31/2020 Stricken from docket by Courts of Justice (20-Y 0-N)
Requires Discovery in criminal cases; duty to provide. Requires the attorney for the Commonwealth, upon written notice by an accused to the court and to the attorney for the Commonwealth, to permit the accused to inspect and copy or photograph (i) any relevant written or recorded statements or confessions made by the accused and the substance of any oral statements or confessions made by the accused to any law-enforcement officer; (ii) any relevant written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine, and breath tests, and other scientific reports and written reports of a physical or mental examination of the accused or the alleged victim; (iii) any books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Commonwealth; (iv) any relevant police reports, as defined in the bill; and (v) all relevant statements, as defined in the bill, of any non-expert witness whom the Commonwealth is required to designate on a witness list. The bill also provides that if the accused files a written notice the accused shall (a) permit the Commonwealth to inspect, copy, or photograph any written reports of autopsy examinations, ballistic tests, fingerprint, blood, urine, and breath analyses, and other scientific tests that are within the possession, custody, or control of the accused and that the accused intends to introduce in evidence at the trial or sentencing; (b) disclose whether he intends to introduce evidence to establish an alibi; and (c) if he intends to rely upon a defense of insanity, permit the Commonwealth to inspect, copy, or photograph any written reports of physical or mental examination of the accused made in connection with the case. The bill provides that for good cause a party may withhold or redact certain information from such disclosures and the opposing party may file a motion to compel disclosure or to remove any restriction. The accused's duty to provide discovery shall be in addition to any duty to provide reciprocal discovery pursuant to Rule 3A:11 Read full text here.
HJR 27 Study; Virginia State Crime Commission (2020)
Sponsored by Delegate Michael Mullin (D)
01/29/2020: Subcommittee recommends laying on the table (6-Y 0-N) Bill Failed.
Equity and fairness in Virginia's criminal justice system; report. Directs the Virginia State Crime Commission to study equity and fairness in Virginia's criminal justice system and to submit its findings and recommendations to the General Assembly no later than the first day of the 2021 Regular Session.
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HJR 48 Study; Virginia State Crime Commission; mandatory minimum sentences (2020)
Sponsored by Delegate Patrick Hope [D]
01/29/2020 Subcommittee recommends laying on the table (6-Y 0-N) Bill failed.
Requests the Virginia State Crime Commission to study the use and effectiveness of mandatory minimum sentences.
HJR 65 Study; Virginia State Crime Commission; classification of certain crimes as violent felonies (2020)
Sponsored by Delegate Patrick Hope [D]
1/29/2020 Subcommittee recommends laying on the table (6-Y 0-N) Bill Failed.
Study; Virginia State Crime Commission; classification of certain crimes as violent felonies and the impact of reducing sentence lengths for criminal violations on recidivism; report. 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 on recidivism.
HJR 84 Study; JLARC; sentencing of drug offenders; report (2020)
Sponsored by Delegate Charniele Herring [D]
01/29/2020 Subcommittee recommends striking from docket (6-Y 0-N) Bill Failed.
Directs the Joint Legislative Audit and Review Commission to study and report on the efficiency and effectiveness of the Virginia courts' sentencing of Schedule I and Schedule II drug offenders.
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SB 326 Sentencing proceeding by the jury after conviction; recommendation of leniency (2020)
Sponsored by Senator Creigh Deeds [D]
12/04/20 House: Left in Courts of Justice
Provides that a jury may, in ascertaining the punishment for a person convicted of a felony or Class 1 misdemeanor, recommend that the sentence imposed be suspended in whole or in part, or that sentences imposed for multiple offenses be served concurrently, except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury. The bill also allows the jury to recommend that the defendant be placed on probation, make full or partial restitution, perform community service, or receive mental health or substance abuse treatment in lieu of incarceration or as a condition of any suspended sentence, and requires the court to follow such recommendation unless good cause is shown for why the recommendation is inappropriate or unavailable. Read full text here.
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SB 438 Judicial performance evaluation program (2020)
Sponsored by Senator Scott Surovell [D]
02/17/2020 Subcommittee failed to recommend reporting (2-Y 6-N). Bill Fails.
Requires the Virginia Criminal Sentencing Commission to report to the Supreme Court and the Chairmen of the House and Senate Committees for Courts of Justice the number of cases during a judge's term in which an offender qualified for use of the risk assessment tool, received a recommendation for an alternative sanction on the basis of the assessment, and when a sentence was imposed and an alternative sanction was not given. The bill requires sentencing courts to use sentencing guidelines to determine the cost of incarceration for an offender who receives the minimum recommended sentence and to include the cost on the sentencing guideline form. The bill also requires the Commission to determine and include on a judge's judicial performance evaluation the total costs of imposing a sentence on each offender who was evaluated by the risk assessment tool and who received a recommendation for an alternative sanction but did not receive an alternative sanction during a judge's term.
Read full text here.
SB 489 Authority to defer and dismiss a criminal case (2020)
Sponsored by Senator Scott Surovell [D]
03/12/20 Senate: Failed to pass in Senate
Provides that a trial court presiding in a criminal case may, after any plea or trial, and with or without a determination of guilt, upon its own motion with the consent of the defendant or with the agreement of the defendant and the Commonwealth, defer proceedings or defer entry of a final order of guilt and place the defendant under probation to comply with reasonable terms and conditions as specified by the court that shall include probation and either (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill provides that upon completion of such terms and conditions that court shall adjudicate the matter consistent with those terms and conditions. The bill also defines good cause for purposes of a nolle prosequi. Bill information here.
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SB 537 Limitation on mandatory minimum punishment (2020)
Sponsored by Senator John Edwards [D]
12/04/20 House: Left in Courts of Justice
Provides that mandatory minimum punishments shall not apply to any sentence imposed for an offense committed on or after July 1, 2020. Read full text here.
SB 622 State Board of Corrections; powers and duties (2020)
Sponsored by Senator Creigh Deeds [D]
02/24/2020 Subcommittee recommends laying on the table (8-Y 0-N) (Bill fails)
Authorizes the Director of the Department of Corrections to develop and establish operating procedures to maintain prisoners residing in state correctional facilities and under the supervision of Department of Corrections probation and parole, including establishing regulations for human research, prescribing rules to govern home/electronic incarceration programs, and prescribing rules regarding the wages paid to persons participating in programs under the supervision of probation and parole. The bill also renames the State Board of Corrections as the State Board of Local and Regional Jails (the Board); authorizes the Board to appoint and employ an executive director; and requires the Board to report annually to the General Assembly and the Governor on the results of inspections and audits of local, regional, or community correctional facilities and the reviews of the deaths of inmates that occur in any local, regional, or community correctional facility. Read full text here.
SB 625 Failure to advise of consequences of guilty plea; vacation of conviction (2020)
Sponsored by Senator Scott Surovell [D]
02/25/2020 Failed to report (defeated) in Judiciary (7-Y 8-N)
Failure to advise of consequences of guilty plea; vacation of conviction. Creates a mechanism for a person who is not a citizen of the United States to vacate a criminal conviction or adjudication of delinquency, other than for a violent felony or an offense that requires sex offender registration, if such person was not advised of the possible adverse consequences of such conviction or adjudication on his immigration status (i) for any conviction of such offense entered on or before July 1, 2019, or (ii) if the petitioner received actual notice that he is subject to deportation or removal from the United States, exclusion from admission to the United States, or denial of naturalization under federal law as a result of entering a plea of guilty or nolo contendere to such offense and such petition is filed within one year after receiving such notice. The bill provides that such person may file a petition with the appropriate circuit court, which may hold a hearing on the petition and either dismiss the petition or vacate the person's conviction or adjudication and order a retrial. The bill also provides that only one such petition may be filed. Read full text here.
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SB 775 Discovery in criminal cases; penalties (2020)
Sponsored by Senator John Edwards (D)
02/03/2020 Stricken at the request of Patron in Judiciary (14-Y 0-N)
Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides a mechanism for redaction of certain personal identifying information. The bill also creates a procedure whereby the parties may conduct depositions of witnesses prior to trial and use statements obtained during such depositions for impeachment at trial as a prior inconsistent statement. The bill creates a procedure for either party to move the court to enter a protection order with regard to discovery and, if granted, the court may order any condition limiting, but not preventing, disclosure, so long as the condition is necessary to the orderly adjudication of the case or to the fair administration of justice. Finally, the bill (i) makes it a Class 6 felony for any person to willfully omit or misrepresent evidence or information required to be disclosed to the accused, (ii) makes it a Class 1 misdemeanor for any person to willfully omit or misrepresent any other evidence of information required to be disclosed, and (iii) grants the court the ability to impose additional remedies it deems just if a party fails to comply with any of the requirements. Read full text here.
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SB 805 Robbery; definition, penalty (2020)
Introduced By Sen. Joe Morrissey (D)
12/04/20 House: Left in Courts of Justice
Defines "robbery" and creates degrees of punishment corresponding to the severity of a robbery offense. Any person who commits a robbery by causing serious bodily injury is guilty of robbery in the first degree, which is punishable by confinement in a state correctional facility for a maximum term of life. Any person who commits robbery by displaying a firearm in a threatening manner is guilty of robbery in the second degree, which is punishable by confinement in a state correctional facility for a maximum term of 20 years. Any person who commits robbery by using physical force not resulting in serious bodily injury, or by displaying a deadly weapon other than a firearm in a threatening manner, is guilty of robbery in the third degree, which is punishable as a Class 5 felony. Any person who commits robbery by using threat or intimidation not involving a deadly weapon is guilty of robbery in the fourth degree, which is punishable as a Class 6 felony. Under current law, any robbery is punishable by confinement in a state correctional facility for life or any term not less than five years. Bill information here.
SB 810 Discretionary sentencing guidelines worksheets; use by juries (2020)
Sponsored by Senator Joseph Morrissey [D]
12/04/20 House: Left in Courts of Justice
Requires that the jury be given the applicable discretionary sentencing guidelines worksheets during a sentencing proceeding and that the court instruct the jury that the sentencing guidelines worksheets are discretionary and not binding on the jury. The bill requires sentencing guidelines worksheets to be kept confidential by the jurors and filed under seal by the court. Bill information here.
SB 811 Sentencing in a criminal case; bifurcated jury trial (2020)
Sponsored by Senator Joseph Morrissey
12/04/20 House: Left in Courts of Justice
Provides that in cases of trial by jury in which the charged offense is not punishable by death and in which a defendant has testified in his case-in-chief, a jury shall render its verdict and... Bill information here.
SB 823 Writs of actual innocence (2020)
Sponsored by Senator Joseph Morrissey [D]
02/10/2020 Bill failed
Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for either writ if he entered a plea of not guilty, and any person, regardless of the type of plea he entered at trial, may petition for such writ based on biological evidence if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill also clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency. Finally, the bill provides that the circuit court that entered the felony conviction or adjudication of delinquency has original jurisdiction over the writ and that the petitioner may appeal any final order denying such writ to the Court of Appeals as an appeal of right. Read bill here.
SB 806 Ex parte requests for investigative services or expert Ex parte requests for investigative services or expert assistance in noncapital cases ( 2020)
Sponsored by Senator Joseph Morrissey [D] and Senator Creigh Deeds [D]
03/03/20 House: Left in Appropriations; (no action taken); Passed Senate (35-Y 4-N)​
Allows a defendant or his attorney, when such defendant is charged with a noncapital offense and is financially unable to pay for investigative services or expert assistance, to move a court to conduct an ex parte hearing on a request for such services or assistance. For a motion for investigative services, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists regarding the request for investigative services and, after a hearing upon the motion, the court shall authorize the defendant or his attorney to obtain investigative services upon a showing that the requested services would materially assist the defendant and are necessary in order to guarantee an adequate defense and that the lack of such confidential services would result in a fundamentally unfair trial. For a motion for expert assistance, the bill requires a defendant or his attorney to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Bill information here.
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SB 840 Persons acquitted by reason of insanity (2020)
Sponsored by Senator Adam Ebbin [D]
03/03/20 House: Left in Appropriations
Makes various changes to the provisions regarding confinement hearings and conditional release procedures for persons who have been acquitted of a violent felony by reason of insanity. Under current law, such provisions do not distinguish between persons acquitted of a violent felony or any other felony offense. Read full text here.
SB 1017 Post-conviction relief; previously admitted scientific Post-conviction relief; previously admitted scientific evidence (2020)
Sponsored by Senator William Stanley [R]
02/03/2020 Passed by indefinitely in Judiciary (15-Y 0-N)
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. Read full text here.
SB 5032 Assault and battery; penalty - Special session 2020
Introduced by Senator Scott Surovell [D]
08/18/20 Senate: Committee substitute printed
08/26/20 Senate: Read third time and passed Senate (21-Y 15-N)
09/17/20 House: Read first time
09/17/20 House: Referred to Committee for Courts of Justice
09/22/20 House: Passed by indefinitely in Courts of Justice (18-Y 1-N) (Bill fails)
Eliminates the mandatory minimum term of confinement for 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 any emergency medical services personnel and provides that such crime can no longer be committed as a simple assault and must result in a bodily injury.
Read bill here.
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SB 5040 Attorney General; criminal cases involving certain felonies committed by law-enforcement officers - Special session 2020
Introduced by Senator Adam Ebbin [D]
08/18/20 Senate: Rereferred to Judiciary
08/20/20 Senate: Passed by indefinitely in Judiciary (11-Y 4-N)
Provides that the Attorney General, with the concurrence of the local attorney for the Commonwealth, may assist in the prosecution of certain felony offenses committed by law-enforcement officers during the performance of their official duties.
Read bill here.
NOTE: Passed By Indefinitely (PBI) - Action to allow a committee to reconsider legislation at a later meeting. If the committee takes no further action, the bill is dead.
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SB 5045 Virginia Criminal Sentencing Commission; fiscal impact statements (Special session 2020)
Introduced by Senator Scott Surovell [D]
08/19/20 Senate: Reported from Rules with amendment (12-Y 3-N)
08/27/20 Senate: Read third time and passed Senate (21-Y 13-N 1-A)
09/17/20 House: Read first time
09/17/20 House: Referred to Committee on Rules
10/02/20 Senate: Read third time
11/09/20 House: Left in Rules
Requires the Virginia Criminal Sentencing Commission to prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill that would result in a net decrease in periods of imprisonment in state adult correctional facilities.
Read bill here.
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SB 5046 Limitation on mandatory minimum punishment -Special session 2020
Sponsored by Senator John Edwards [D]
08/16/20 Senate: Referred to Committee on the Judiciary
Provides that mandatory minimum punishments shall not apply to any sentence imposed for an offense committed on or after January 1, 2021.
Read bill here.
NOTE: Passed By Indefinitely (PBI) - Action to allow a committee to reconsider legislation at a later meeting. If the committee takes no further action, the bill is dead.
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SJR 34 Study; Virginia State Crime Commission; mandatory minimum sentences (2020)
Sponsored by Senator Scott Surovell [D]
01/24/2020 Passed by indefinitely in Rules with letter by voice vote Bill Failed.
Requests the Virginia State Crime Commission to study the use and effectiveness of mandatory minimum sentences.
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