Criminal cases; authority to defer and dismiss.
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SB 489 — Criminal cases; authority to defer and dismiss.
Last action — Failed to pass in Senate
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Authority to defer and dismiss a criminal case. Provides that a trial court presiding in a criminal case may, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, upon its own motion with the consent of the defendant, or with the agreement of the defendant and the Commonwealth, defer proceedings, defer entry of a conviction order, if none, or defer entry of a final order, and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court. The bill provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings.
Bill Text
What changed in the latest version
36 added · 36 removedPlain-language change summary
The amendment to Bill SB 489 modifies the process for handling certain property crime offenses, specifically allowing first-time offenders more flexibility. Under the revised law, first-time offenders who plead guilty or not guilty to misdemeanors may be placed on probation without an immediate judgment of guilt, provided they meet certain conditions. This change aims to support rehabilitation by offering alternatives to conviction, which could help reduce repeat offenses and encourage responsible behavior among first-time offenders.
SESSION history | hilite | pdf | print version 20105897D20109422D SENATE BILL NO.
489 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the SenateHouse Committee onfor theCourts Judiciaryof Justice on FebruaryMarch 5,2, 2020) (Patron Prior to Substitute--Senator Surovell) A BILL to amend theand Codereenact of§ Virginia19.2-303.2 byof addingthe aCode sectionof numberedVirginia, 19.2-298.02, relating to authoritydeferred todispositions; defer and dismiss a criminal case.
property crimes;
larceny and receiving stolen goods.
That § 19.2-303.2 of the Code of Virginia is amended byand addingreenacted a section numbered 19.2-298.02 as follows:
§ 19.2-298.02.19.2-303.2.
DeferredPersons dispositioncharged inwith afirst criminaloffense case.may be placed on probation.
A.Whenever any person who has not previously been convicted of any felony pleads guilty to or enters a plea of not guilty to any crime against property constituting a misdemeanor, under Articles Article 3 (§ 18.2-95 et seq.), 5 (§ 18.2-119 et seq.) except for a violation of § 18.2-130 or 18.2-130.1, 6 (§ 18.2-137 et seq.), 7 and (§ 18.2-144 et seq.), or 8 (§ 18.2-153 et seq.) of Chapter 5 (§ 18.2-119 et seq.) of Title 18.2, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions, which may include restitution for losses caused, set by the court.
AIf trialthe court presidingdefers infurther aproceedings criminalfor casean may,offense afterthat anyis plearequired orto trial,be withreported orto without a determination, finding, or pronouncement of guilt, and notwithstanding the entryCentral ofCriminal aRecords convictionExchange order,pursuant uponto consideration§ of19.2-390, theat factsthat andtime circumstances of the case,court includingshall (i)determine mitigatingwhether factors relating to the defendantclerk or the offense, (ii) the request of thecourt victim,has orbeen (iii)provided any other appropriate factors upon motion of the defendant, upon its own motion with the consentfingerprint ofidentification theinformation defendant, or withfingerprints the agreement of the defendantaccused, andtaken theby Commonwealth,a deferlaw-enforcement proceedings,officer deferpursuant entryto of§ a19.2-390, convictionand, order, if none,not, orshall deferorder entrythat of a final order, and continue the casefingerprints for final disposition, on such reasonable terms and conditionsphotograph asof may be agreed upon by the partiesaccused and placed on the record, or if there is no agreement, as may be imposedtaken by thea court.law-enforcement officer.
FinalUpon dispositionviolation mayof includea (a)term convictionor ofcondition, the originalcourt charge,may (b)enter conviction of an alternativeadjudication charge,of orguilt (c)and dismissalproceed ofas theotherwise proceedings.provided.
B.Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390, the court shall discharge the person and dismiss the proceedings against him.
UponDischarge violationand ofdismissal aunder termthis orsection condition,shall thebe courtwithout may enter an adjudication of guilt,guilt ifand notis alreadya entered,conviction andonly makefor anythe finalpurpose disposition of theapplying casethis providedsection byin subsectionsubsequent A.proceedings.
Upon fulfillment of the terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or if none, by conviction of an alternative charge or dismissal of the case.
C.
By consenting to and receiving a deferral of proceedings or a deferral of entry of a final order of guilt and fulfilling the conditions as specified by the court as provided by subsection A, the defendant waives his right to appeal such entry of a final order of guilt.
Prior to granting a deferral of proceedings, a deferral of entry of a conviction order, if none, or a deferral of a final order, the court shall notify the defendant that he would be waiving his rights to appeal any final order of guilt if such deferral is granted.
View plain text versions (3)
- Committee Substitute Engrossed by House - committee substitute SB489H1 Current html March 02, 2020
- Committee Substitute Engrossed by Senate - committee substitute SB489S1 html February 05, 2020
- Committee Substitute Engrossed by Senate - committee substitute SB489S1 html January 07, 2020
Action History
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Failed to pass in Senate
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No further action taken
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (39-Y 0-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (1-Y 38-N)
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VOTE: Passage (59-Y 40-N)
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Passed House with substitute (59-Y 40-N)
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Engrossed by House - committee substitute SB489H1
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Committee substitute agreed to 20109422D-H1
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Read third time
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Read second time
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Committee substitute printed 20109422D-H1
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Reported from Courts of Justice with substitute (14-Y 6-N)
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Subcommittee recommends reporting with substitute (5-Y 3-N)
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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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Read third time and passed Senate (39-Y 0-N)
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Engrossed by Senate - committee substitute SB489S1
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Committee substitute agreed to 20105897D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (37-Y 0-N)
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Committee substitute printed 20105897D-S1
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Reported from Judiciary with substitute (13-Y 1-N)
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Assigned Judiciary sub: Criminal Law
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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 20104671D
Sponsors
- Scott A. Surovell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 72 voted No
Sponsors (1)
- Scott A. Surovell Voted No
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"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
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 38 | 0 | 1 |
| Total | 1 | 38 | 0 | 1 |
| % of votes cast | 3% | 95% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 58 | 40 | 0 | 1 |
| Total | 58 | 40 | 0 | 1 |
| % of votes cast | 59% | 40% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 6 | 0 | 2 |
| Total | 14 | 6 | 0 | 2 |
| % of votes cast | 64% | 27% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Not Voting |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Nay |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Nay |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Not Voting |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Collins, Christopher E. | — | Nay |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Don Scott | — | Yea |
| Karrie K. Delaney | — | Yea |
| Mullin, Michael P. | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 1 | 0 | 0 |
| Total | 13 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 489 do?
- Authority to defer and dismiss a criminal case. Provides that a trial court presiding in a criminal case may, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, upon its own motion with the consent of the defendant, or with the agreement of the defendant and the Commonwealth, defer proceedings, defer entry of a conviction order, if none, or defer entry of a final order, and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court. The bill provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings.
- Who sponsors SB 489?
- SB 489 is sponsored by Scott A. Surovell.
- What is the current status of SB 489?
- 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 489?
- Track SB 489 free on One Click Politics — get push/email alerts when it moves.
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