HB 279 — Sentencing proceeding by the jury after conviction; recommendation of leniency.
Last action — Left in Courts of Justice
-
✓Introduced
-
2In Committee
-
3Passed House of Delegates
-
4Passed Senate
-
5To Executive
-
6Enacted
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.
Bill Text
- Impact statement from DPB (HB279) View text Current html December 30, 2019
Action History
-
Left in Courts of Justice
-
Impact statement from DPB (HB279)
-
Subcommittee recommends laying on the table (7-Y 0-N)
-
Assigned Courts sub: Criminal
-
Referred to Committee for Courts of Justice
-
Prefiled and ordered printed; offered 01/08/20 20101181D
Sponsors
- Terry G. Kilgore · Cosponsor
- Patrick A. Hope · Primary
- Don Scott · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 2 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Mullin, Michael P. | — | Yea |
| Bell, Robert B. | — | Yea |
| Collins, Christopher E. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Don Scott | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kimberly Pope Adams | — | Not Voting |
| Vivian E. Watts | — | Yea |
Subjects
Frequently asked questions
- What does HB 279 do?
- Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.
- Who sponsors HB 279?
- HB 279 is sponsored by Terry G. Kilgore, Patrick A. Hope, and Don Scott.
- What is the current status of HB 279?
- This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 279?
- Track HB 279 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 279
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 279
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →