Probation, revocation, and suspension of sentence; penalty.
Summary
Probation, revocation, and suspension of sentence; penalty. 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.
Bill status
failed
4 of 5 stages cleared
Introduction
Jan 2022
Committee Review
Mar 2022
House of Delegates Passage
Feb 2022
Senate Passage
Mar 2022
Governor
Introduced Jan 11, 2022
Last action Mar 7, 2022
Floor votes · Senate Mar 3, 2022 · House of Delegates Feb 14, 2022
How they voted
32–0
Passed · 1 other
Total votes 33
Mar 3, 2022
D
Democratic17
100% Yea
R
Republican16
93% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
39
Key actions
12
Committee
12
Mar 4, 2022
Upper · Passed
Passed by for the day
upper
Mar 3, 2022
Senate · Passed
Senate Vote: pass (32-0-1)
senate
Mar 2, 2022
Upper · Passed
Reported from Finance and Appropriations (12-Y 3-N)
upper
Feb 28, 2022
Committee
Rereferred to Finance and Appropriations
upper
Feb 28, 2022
Upper · Passed
Reported from Judiciary with substitute (13-Y 2-N)
upper
Feb 28, 2022
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 16, 2022
Committee
Referred to Committee on the Judiciary
upper
Feb 14, 2022
Lower · Passed
Read third time and passed House (52-Y 48-N)
lower
Feb 11, 2022
Lower · Passed
Engrossed by House - committee substitute HB758H1
lower
Feb 11, 2022
Lower · Passed
Committee substitute agreed to 22106124D-H1
lower
Feb 10, 2022
Lower · Passed
Passed by for the day
lower
Feb 7, 2022
Lower · Passed
Reported from Courts of Justice with substitute (11-Y 9-N)
lower
Feb 4, 2022
Lower · Passed
Subcommittee recommends reporting with substitute (5-Y 3-N)
lower
Feb 4, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Feb 3, 2022
Committee
Assigned Courts sub: Subcommittee #4
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 22103759D
lower
1 primary · 20 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Les Adams
RRepublican
Co
Anne Ferrell Tata
RRepublican
Co
Bill Wiley
RRepublican
Co
Buddy Fowler
RRepublican
Co
Chris Head
RRepublican
Co
Chris Runion
RRepublican
Co
Dave LaRock
RRepublican
Co
Emily Jordan
RRepublican
Co
James Edmunds
RRepublican
Co
Jason Ballard
RRepublican
Co
Jay Leftwich
RRepublican
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