Celebrating the life of Commander Brian MichaelBourgeois, USN.
Sponsored bills
Celebrating the life of the Honorable RobertD. Laney.
Commending the Honorable William C. Mims.
Commending Barry C. Faison.
Commending Daphne Tamara Fulson.
Offenders under 21 years of age; parole.Provides that any person sentenced to a term of life imprisonmentfor a single felony offense or multiple felony offenses committedwhile that person was under 21 years of age and who has served atleast 20 years of such sentence and any person who has active sentencesthat total more than 20 years for a single felony offense or multiplefelony offenses committed while that person was under 21 years ofage and who has served at least 20 years of such sentences shallbe eligible for parole. Under current law, such parole provisionsapply only to juvenile offenders.
Campaign finance; candidate contribution limits;civil penalty. Prohibits any single contribution, or any combinationof contributions, that exceeds $25,000 from any individual or committeeto any one candidate for any election. The bill permits unlimited contributions by a candidate or a candidate's family to the candidate's campaign. The bill prohibits contributions from any person thatis not an individual or a committee to any candidate. The bill imposescivil penalties for violations of the limits of up to two times theexcess contribution amounts.
Criminal proceedings; consideration of mental condition and intellectual and developmental disabilities. Permits the admission of evidence offered by the defendant concerning a defendant's mental condition at the time of an alleged offense, including expert testimony, is relevant, is not evidence concerning an ultimate issue of fact, if such evidence (i) tends to show the defendant did or did not have the specific mental state required for the offense charged and (ii) is otherwise admissible pursuant to the general rules of evidence. If a defendant intends to introduce such evidence, the bill requires him or his counsel to give notice in writing to the attorney for the Commonwealth. The bill also clarifies that a diagnosis of an intellectual or developmental disability shall be considered by a judicial officer for the purpose of rebuttal of a presumption against bail and that a court may order that a sentencing report prepared by a probation officer contain any diagnoses of an intellectual or developmental disability. Lastly, the bill adds to the requirements to be met for qualification as a court-appointed attorney two hours of continuing legal education, which shall cover the representation of individuals with behavioral or mental health disorders and individuals with intellectual or developmental disabilities. This bill incorporates SB 1383.
Parole; notice and certification; monthly reports; discretionary early consideration. Provides that the Department of Corrections shall set the release date for an inmate granted discretionary parole or conditional release no sooner than 30 business days from the date that the Department of Corrections receives notification from the Chairman of the Parole Board of the Board's decision to grant discretionary parole or conditional release, except that the Department of Corrections may set an earlier release date in the case of a terminally ill inmate granted conditional release. The bill provides that in the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate's release that such inmate has been granted discretionary parole or conditional release or (ii) by telephone or other electronic means prior to release that a terminally ill inmate has been granted conditional release where death is imminent. The bill requires that the monthly reports issued by the Board regarding actions taken on the parole of prisoners (a) be published on the fifteenth day of the month and (b) include the offenses of which prisoners considered for parole were convicted, the jurisdictions in which such offenses were committed, and the amount of time served by such prisoners. However, a prisoner's name shall be included on the report only if the attorney for the Commonwealth and any victims have been notified; otherwise, inclusion on the report is delayed to the following month. The bill also provides that if additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The bill provides that the provisions regarding the monthly reports issued by the Board shall become effective on July 1, 2022.