Sentencing proceeding by jury after conviction; recommendation of leniency, suspension of sentence.
Summary
Sentencing proceeding by the jury after conviction;recommendation of leniency. Provides that a jury may, in ascertainingthe 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 imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Feb 2020
House of Delegates Passage
Governor
Introduced Jan 6, 2020
Last action Feb 24, 2020
Floor votes · Senate Feb 11, 2020
How they voted
22–18
Passed
Total votes 40
Feb 11, 2020
D
Democratic21
100% Yea
R
Republican19
94% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
6
Committee
9
Amendments
2
Feb 19, 2020
Lower · Passed
Subcommittee recommends continuing to 2021
lower
Feb 18, 2020
Committee
Assigned Courts sub: Criminal
lower
Feb 14, 2020
Committee
Referred to Committee for Courts of Justice
lower
Feb 11, 2020
Upper · Passed
Passed Senate (22-Y 18-N)
upper
Feb 11, 2020
Introduced
Engrossed by Senate as amended SB326E
upper
Feb 11, 2020
Upper · Passed
Committee amendment agreed to
upper
Feb 11, 2020
Introduced
Reading of amendment waived
upper
Feb 6, 2020
Upper · Passed
Reported from Finance and Appropriations (15-Y 0-N)
upper
Feb 5, 2020
Committee
Rereferred to Finance and Appropriations
upper
Feb 5, 2020
Upper · Passed
Reported from Judiciary with amendment (10-Y 3-N)
upper
Jan 8, 2020
Upper · Passed
Moved from Courts of Justice to Judiciary due to a change of the committee name
upper
Jan 6, 2020
Committee
Referred to Committee on the Judiciary
upper
Jan 6, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20102165D
upper
1 primary · 1 co-sponsor
Sponsors
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