Discretionary sentencing guidelines; written explanation, appeal.
Summary
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, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. 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.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2022
Committee Review
Mar 2022
Senate Passage
Feb 2022
House of Delegates Passage
Governor
Introduced Jan 8, 2022
Last action Mar 8, 2022
Floor votes · Senate Feb 10, 2022
How they voted
33–0
Passed
Total votes 33
Feb 10, 2022
D
Democratic17
100% Yea
R
Republican16
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
10
Committee
11
Amendments
2
Mar 4, 2022
Lower · Passed
Subcommittee recommends passing by indefinitely (5-Y 3-N)
lower
Feb 27, 2022
Committee
Assigned Courts sub: Subcommittee #1
lower
Feb 22, 2022
Committee
Referred to Committee for Courts of Justice
lower
Feb 11, 2022
Upper · Passed
Passed Senate (23-Y 17-N)
upper
Feb 11, 2022
Upper · Passed
Engrossed by Senate - committee substitute with amendments SB137ES1
upper
Feb 11, 2022
Upper · Passed
Amendments by Senator Edwards agreed to (24-Y 16-N)
upper
Feb 11, 2022
Introduced
Reading of amendments waived
upper
Feb 10, 2022
Upper · Passed
Passed by for the day
upper
Feb 9, 2022
Upper · Passed
Engrossed by Senate - committee substitute SB137S1
upper
Feb 9, 2022
Upper · Passed
Committee substitute agreed to 22106160D-S1
upper
Feb 7, 2022
Upper · Passed
Reported from Judiciary with substitute (9-Y 4-N)
upper
Feb 7, 2022
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 4, 2022
Upper · Passed
Senate subcommittee amendments and substitutes offered
upper
Jan 31, 2022
Committee
Assigned Judiciary sub: Criminal Law
upper
Jan 8, 2022
Committee
Referred to Committee on the Judiciary
upper
Jan 8, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22100360D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
JE
John Edwards
DDemocratic
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