Limitation on sentence upon revocation of suspension of sentence; technical violations.
Summary
Limitation on sentence upon revocation of suspensionof sentence; technical violations. Provides that when conductinga revocation hearing, the court shall consider at the same revocationhearing all alleged technical violations that occurred prior to suchrevocation hearing and have not been previously considered by thecourt. The bill also requires that when a defendant has been takeninto custody for an alleged first or second technical violation forwhich the court may only impose up to 14 days of active incarceration,the court shall adjudicate such violation within 14 days of the defendantbeing taken into custody. The bill states that if such violationis not adjudicated within 14 days of the defendant being taken intocustody, the defendant shall be admitted to bail, unless (i) suchdefendant consents to being further detained while awaiting adjudicationor sentencing or (ii) the Commonwealth has established, by clearand convincing evidence, that the defendant presents a significantrisk of harm to himself or the community based on substance use disorderor serious mental illness and has been referred for residential treatment.Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing onsuch alleged technical violation for longer than 30 days.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
House of Delegates Passage
Feb 2024
Senate Passage
Mar 2024
Vetoed
Mar 2024
Introduced Jan 10, 2024
Vetoed Mar 20, 2024
Floor votes · Senate Feb 20, 2024 · House of Delegates Feb 8, 2024
How they voted
39–0
Passed · 1 other
Total votes 40
Feb 20, 2024
D
Democratic21
100% Yea
R
Republican19
94% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
12
Committee
6
Amendments
4
Apr 17, 2024
Vetoed
House sustained Governor's veto
lower
Mar 20, 2024
Vetoed
Vetoed by Governor
executive
Mar 2, 2024
Upper · Passed
Signed by President
upper
Feb 28, 2024
Lower · Passed
Signed by Speaker
lower
Feb 28, 2024
Lower · Passed
Bill text as passed House and Senate (HB1252ER)
lower
Feb 23, 2024
Lower · Passed
Senate amendments agreed to by House (53-Y 43-N)
lower
Feb 21, 2024
Upper · Passed
Passed Senate with amendments (21-Y 19-N)
upper
Feb 21, 2024
Introduced
Engrossed by Senate as amended
upper
Feb 21, 2024
Upper · Passed
Committee amendments agreed to
upper
Feb 21, 2024
Introduced
Reading of amendments waived
upper
Feb 20, 2024
Senate · Passed
Senate Vote: pass (39-0-1)
senate
Feb 19, 2024
Upper · Passed
Reported from Courts of Justice with amendments (8-Y 4-N)
upper
Feb 9, 2024
Committee
Referred to Committee for Courts of Justice
upper
Feb 8, 2024
Lower · Passed
VOTE: Passage (62-Y 36-N)
lower
Feb 8, 2024
Lower · Passed
Read third time and passed House (62-Y 36-N)
lower
Feb 2, 2024
Lower · Passed
Reported from Courts of Justice (17-Y 4-N)
lower
Jan 31, 2024
Lower · Passed
Subcommittee recommends reporting (7-Y 1-N)
lower
Jan 30, 2024
Committee
Assigned Courts sub: Criminal
lower
Jan 10, 2024
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 4 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Adele McClure
DDemocratic
Co
J.R. Henson
DDemocratic
Co
Nadarius Clark
DDemocratic
Co
Sam Rasoul
DDemocratic
Co
Shelly Simonds
DDemocratic
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