HB 397 Virginia House of Delegates · 2022 Regular Session

Wrongful incarceration; compensation.

Summary
Compensation for wrongful incarceration.Removes the following requirements for a wrongfully incarceratedperson to receive compensation for such wrongful incarceration: (i)that the person shall have entered a final plea of not guilty, or,regardless of the plea, the person incarcerated was convicted ofa Class 1 felony, a Class 2 felony, or any felony for which the maximumpenalty is imprisonment for life and (ii) that the person incarcerateddid not by any act or omission on his part intentionally contributeto his conviction for the felony for which he was incarcerated. The bill also requires the person to be compensated in an amount equalto the product of the total number of days that the person was wrongfullyincarcerated following a wrongful conviction multiplied by the dailyrate of the Commonwealth's most recent annual median household incomeas published in the American Community Survey of the United States Census Bureau in the year the court finds the claimant eligible anddivided by 365 days to the nearest whole cent, in addition to otherpossible compensation.
Bill status signed all 5 stages cleared
Introduction
Jan 2022
Committee Review
Mar 2022
House of Delegates Passage
Feb 2022
Senate Passage
Mar 2022
Signed into Law
Apr 2022
Introduced Jan 11, 2022 Signed Apr 11, 2022
Floor votes · Senate Mar 3, 2022 · House of Delegates Feb 15, 2022

How they voted

320
Passed · 1 other
Total votes 33
Mar 3, 2022
D Democratic17
17 Yea
100% Yea
R Republican16
15 Yea 1
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
59
Key actions
22
Committee
24
Apr 11, 2022
Signed into law
Approved by Governor-Chapter 572 (effective 7/1/22)
executive
Mar 12, 2022
Upper · Passed
Conference report agreed to by Senate (40-Y 0-N)
upper
Mar 12, 2022
Lower · Passed
Conference report agreed to by House (93-Y 0-N)
lower
Mar 12, 2022
Legislature · Passed
Amended by conference committee
legislature
Mar 9, 2022
Upper · Passed
Senate requested conference committee
upper
Mar 4, 2022
Upper · Passed
Passed Senate with substitute (39-Y 0-N)
upper
Mar 4, 2022
Upper · Passed
Engrossed by Senate - committee substitute HB397S2
upper
Mar 4, 2022
Upper · Passed
Committee substitute agreed to 22107238D-S2
upper
Mar 3, 2022
Senate · Passed
Senate Vote: pass (32-0-1)
senate
Mar 2, 2022
Upper · Passed
Reported from Finance and Appropriations with substitute (14-Y 0-N)
upper
Feb 23, 2022
Committee
Rereferred to Finance and Appropriations
upper
Feb 23, 2022
Upper · Passed
Reported from Judiciary with substitute (13-Y 0-N)
upper
Feb 16, 2022
Committee
Referred to Committee on the Judiciary
upper
Feb 15, 2022
Lower · Passed
Read third time and passed House BLOCK VOTE (100-Y 0-N)
lower
Feb 14, 2022
Lower · Passed
Engrossed by House - committee substitute HB397H2
lower
Feb 14, 2022
Lower · Passed
Committee on Appropriations substitute agreed to 22106095D-H2
lower
Feb 9, 2022
Lower · Passed
Reported from Appropriations with substitute (22-Y 0-N)
lower
Feb 9, 2022
Lower · Passed
Subcommittee recommends reporting with substitute (8-Y 0-N)
lower
Feb 9, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Feb 8, 2022
Committee
Assigned App. sub: General Government and Capital Outlay
lower
Feb 7, 2022
Committee
Referred to Committee on Appropriations
lower
Feb 7, 2022
Lower · Passed
Reported from Courts of Justice with substitute (20-Y 0-N)
lower
Feb 2, 2022
Lower · Passed
Subcommittee recommends referring to Committee on Appropriations
lower
Feb 2, 2022
Lower · Passed
Subcommittee recommends reporting with substitute (8-Y 0-N)
lower
Feb 2, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 31, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 29, 2022
Committee
Assigned Courts sub: Subcommittee #1
lower
Jan 11, 2022
Committee
Referred to Committee for Courts of Justice
lower
Jan 11, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22103530D
lower
1 primary · 2 co-sponsors

Sponsors