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HB33

Parole; exception to limitation on the application of parole statutes.

Status:
Enacted

Chief Patron:
Joe Lindsey (D)

Session:
2020 Regular Session

Summary

As Passed House of Origin. Parole; exception to limitation on the application of parole statutes.

Provides that a person is eligible to be considered for parole if (i) such person was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed on or after the abolition of parole going into effect (on January 1, 1995); (ii) the person remained incarcerated for the offense on July 1, 2020; and (iii) the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit such act; or (c) carnal knowledge. The bill requires the Parole Board to provide at least 60 days' notice to the attorney for the Commonwealth in the jurisdiction where the offense occurred and where the person resided prior to conviction that such person is being considered for parole prior to any review and parole decision on such person. The bill requires the Parole Board to establish procedures regarding extension of time within which to review and decide a case for reasonable cause. (Less)

  • Bill History

  • 11/19/2019 - House: Prefiled and ordered printed; offered 01/08/20 20100800D
  • 11/19/2019 - House: Referred to Committee on Public Safety
  • 01/16/2020 - House: Impact statement from DPB (HB33)
  • 01/17/2020 - House: House committee, floor amendments and substitutes offered
  • 01/17/2020 - House: Reported from Public Safety with substitute (13-Y 9-N)
  • 01/17/2020 - House: Committee substitute printed 20105311D-H1
  • 01/21/2020 - House: Read first time
  • 01/22/2020 - House: House committee, floor amendments and substitutes offered
  • 01/22/2020 - House: Passed by for the day
  • 01/23/2020 - House: Read second time
  • 01/23/2020 - House: Committee substitute agreed to 20105311D-H1
  • 01/23/2020 - House: Amendments by Delegate Lindsey agreed to
  • 01/23/2020 - House: Delegate Bell's amendments out of order due to adoption of Delegate Lindsey's amendments
  • 01/23/2020 - House: Motion to pass by amendment #2 by Delegate Bell agreed to (54-Y 45-N)
  • 01/23/2020 - House: VOTE: Pass By (54-Y 45-N)   Close Floor Vote
  • 01/23/2020 - House: Motion to pass by amendment #3 by Delegate Bell agreed to (54-Y 45-N)
  • 01/23/2020 - House: VOTE: Pass By (54-Y 45-N)   Close Floor Vote
  • 01/23/2020 - House: Engrossed by House - committee substitute with amendments (55-Y 45-N) HB33EH1
  • 01/23/2020 - House: VOTE: Engrossment (55-Y 45-N)   Close Floor Vote
  • 01/23/2020 - House: Printed as engrossed 20105311D-EH1
  • 01/24/2020 - House: Read third time and passed House (52-Y 45-N)
  • 01/24/2020 - House: VOTE: Passage (52-Y 45-N)   Close Floor Vote
  • 01/27/2020 - Senate: Constitutional reading dispensed
  • 01/27/2020 - Senate: Referred to Committee on Rehabilitation and Social Services
  • 02/07/2020 - Senate: Rereferred from Rehabilitation and Social Services (11-Y 0-N)
  • 02/07/2020 - Senate: Rereferred to Judiciary
  • 02/09/2020 - House: Impact statement from DPB (HB33EH1)
  • 02/12/2020 - Senate: Reported from Judiciary with substitute (15-Y 0-N)
  • 02/12/2020 - Senate: Committee substitute printed 20108206D-S1
  • 02/13/2020 - House: Impact statement from DPB (HB33S1)
  • 02/14/2020 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/17/2020 - Senate: Read third time
  • 02/17/2020 - Senate: Reading of substitute waived
  • 02/17/2020 - Senate: Committee substitute agreed to 20108206D-S1
  • 02/17/2020 - Senate: Engrossed by Senate - committee substitute HB33S1
  • 02/17/2020 - Senate: Passed Senate with substitute (36-Y 4-N)
  • 02/19/2020 - House: Placed on Calendar
  • 02/19/2020 - House: Senate substitute rejected by House 20108206D-S1 (0-Y 100-N)
  • 02/19/2020 - House: VOTE: REJECTED (0-Y 100-N)
  • 02/21/2020 - Senate: Passed by for the day
  • 02/24/2020 - Senate: Senate insisted on substitute (39-Y 0-N)
  • 02/24/2020 - Senate: Senate requested conference committee
  • 02/25/2020 - House: House acceded to request
  • 02/26/2020 - House: Conferees appointed by House
  • 02/26/2020 - House: Delegates: Lindsey, Hope, Wright
  • 02/27/2020 - Senate: Conferees appointed by Senate
  • 02/27/2020 - Senate: Senators: McClellan, Stuart, Surovell
  • 03/04/2020 - Conference: Amended by conference committee
  • 03/04/2020 - House: Passed by for the day
  • 03/05/2020 - House: Conference substitute printed 20109642D-H2
  • 03/05/2020 - House: Conference report agreed to by House (53-Y 45-N)
  • 03/05/2020 - House: VOTE: Adoption (53-Y 45-N)   Close Floor Vote
  • 03/06/2020 - House: Impact statement from DPB (HB33H2)
  • 03/07/2020 - Senate: Conference report agreed to by Senate (25-Y 14-N)   Close Floor Vote
  • 03/18/2020 - House: Enrolled
  • 03/18/2020 - House: Bill text as passed House and Senate (HB33ER)
  • 03/18/2020 - Senate: Signed by President
  • 03/19/2020 - House: Signed by Speaker
  • 03/20/2020 - House: Impact statement from DPB (HB33ER)
  • 03/20/2020 - House: Enrolled Bill communicated to Governor on March 20, 2020
  • 03/20/2020 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
  • 04/11/2020 - House: Governor's recommendation received by House
  • 04/22/2020 - House: Placed on Calendar
  • 04/22/2020 - House: House concurred in Governor's recommendation (50-Y 44-N)
  • 04/22/2020 - House: VOTE: (50-Y 44-N)   Close Floor Vote
  • 04/22/2020 - Senate: Senate concurred in Governor's recommendation (22-Y 18-N)   Close Floor Vote
  • 04/22/2020 - Governor: Governor's recommendation adopted
  • 04/22/2020 - House: Reenrolled
  • 04/22/2020 - House: Reenrolled bill text (HB33ER2)
  • 04/22/2020 - House: Signed by Speaker as reenrolled
  • 04/22/2020 - Senate: Signed by President as reenrolled
  • 04/22/2020 - House: Enacted, Chapter 1200 (effective 4/22/20)
  • 04/22/2020 - Governor: Acts of Assembly Chapter text (CHAP1200)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com

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