Sentencing proceeding by jury after conviction; recommendation of leniency, suspension of sentence.
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SB 326 — Sentencing proceeding by jury after conviction; recommendation of leniency, suspension of sentence.
Last action — Continued to 2021 in Courts of Justice
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 ascertaining the 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 imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury.
Bill Text
What changed in the latest version
17 added · 21 removedPlain-language change summary
The recent amendments to Bill SB 326 clarified the legal process regarding how juries can recommend sentences. Initially, the wording was somewhat confusing, but the amendments now clearly state that juries can suggest alternatives to incarceration, such as probation or community service. This is important because it emphasizes the role of juries in shaping fair sentencing options, potentially leading to more rehabilitative rather than punitive outcomes for defendants.
326 OfferedSenate JanuaryAmendments 8,in 2020[ Prefiled] January 6,February 11, 2020 A BILL to amend and reenact § 19.2-295.1 of the Code of Virginia, relating to sentencing proceeding by the jury after conviction;
---------- Patrons--Patron DeedsPrior andto MorrisseyEngrossment--Senator Deeds ---------- Referred to Committee on the Judiciary ---------- Be it enacted by the General Assembly of Virginia:
[ The jury may also recommend that the defendant be placed on probation, make full or partial restitution, perform community service, or receive mental health or substance abuse treatment in lieu of incarceration or as a condition of any suspended sentence, and the court shall follow such recommendation of the jury unless good cause is shown for why the recommendation is inappropriate or unavailable.
] If the jury cannot agree on a punishment, the court shall impanel a different jury to ascertain punishment, unless the defendant, the attorney for the Commonwealth, and the court agree, in the manner provided in § 19.2-257, that the court shall fix punishment.
View plain text versions (2)
- Amended Engrossed by Senate as amended SB326E Current html February 11, 2020
- Impact statement from DPB (SB326) View text html January 06, 2020
Action History
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Continued to 2021 in Courts of Justice
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Subcommittee recommends continuing to 2021
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB326E)
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Passed Senate (22-Y 18-N)
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Constitutional reading dispensed (40-Y 0-N)
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Printed as engrossed 20102165D-E
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Engrossed by Senate as amended SB326E
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Committee amendment agreed to
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Reading of amendment waived
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Read second time
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Constitutional reading dispensed (36-Y 0-N)
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Reported from Finance and Appropriations (15-Y 0-N)
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Rereferred to Finance and Appropriations
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Reported from Judiciary with amendment (10-Y 3-N)
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Impact statement from DPB (SB326)
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Moved from Courts of Justice to Judiciary due to a change of the committee name
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/08/20 20102165D
Sponsors
- R. Creigh Deeds · Primary
- Joseph D. Morrissey · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 17 voted No
Sponsors (1)
Co-sponsors (1)
- Joseph D. Morrissey
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"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.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 18 | 0 | 0 |
| Total | 22 | 18 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 0 | 0 | 4 |
| Total | 36 | 0 | 0 | 4 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 3 | 0 | 2 |
| Total | 10 | 3 | 0 | 2 |
| % of votes cast | 67% | 20% | 0% | 13% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Chafin, A. Benton "Ben" | — | Nay |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Not Voting |
| Norment, Thomas K., Jr. | — | Not Voting |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 326 do?
- Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertaining the 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 imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury.
- Who sponsors SB 326?
- SB 326 is sponsored by R. Creigh Deeds and Joseph D. Morrissey.
- What is the current status of SB 326?
- This bill died with 2020 Regular Session. It reached “Passed Senate” 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 SB 326?
- Track SB 326 free on One Click Politics — get push/email alerts when it moves.
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