Virginia 2021 Regular Session Status: Passed Senate

SB 326 — Sentencing proceeding by the jury after conviction; recommendation of leniency.

Last action — Left in Courts of Justice

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. 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 removed

Plain-language change summary

The recent changes to Bill SB 326 clarify that both the prosecution and the defendant can present relevant evidence during a trial. Additionally, the jury has the option to recommend various alternatives to incarceration, such as probation, restitution, or treatment for mental health or substance abuse issues. This shift emphasizes the importance of allowing the jury to suggest more rehabilitative measures, rather than strictly punitive ones, which could lead to more tailored and fair sentencing outcomes.

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326 Offered January 8, 2020 Prefiled January 6, 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;
326 Senate Amendments in [ ] – 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-- Deeds and Morrissey ---------- Referred to Committee on the Judiciary ---------- Be it enacted by the General Assembly of Virginia:
---------- Patron Prior to Engrossment--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.
[ 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.
] 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.
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Action History

  1. Left in Courts of Justice

  2. Continued to 2021 in Courts of Justice

  3. Subcommittee recommends continuing to 2021

  4. Assigned Courts sub: Criminal

  5. Referred to Committee for Courts of Justice

  6. Read first time

  7. Placed on Calendar

  8. Impact statement from DPB (SB326E)

  9. Passed Senate (22-Y 18-N)

  10. Constitutional reading dispensed (40-Y 0-N)

  11. Printed as engrossed 20102165D-E

  12. Engrossed by Senate as amended SB326E

  13. Committee amendment agreed to

  14. Reading of amendment waived

  15. Read second time

  16. Constitutional reading dispensed (36-Y 0-N)

  17. Reported from Finance and Appropriations (15-Y 0-N)

  18. Rereferred to Finance and Appropriations

  19. Reported from Judiciary with amendment (10-Y 3-N)

  20. Impact statement from DPB (SB326)

  21. Moved from Courts of Justice to Judiciary due to a change of the committee name

  22. Referred to Committee on the Judiciary

  23. Prefiled and ordered printed; offered 01/08/20 20102165D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 8 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate (22-Y 18-N)

Passed 22 Yea · 17 Nay
Party YeaNayPresentNot Voting
Unaffiliated 221700
Total 221700
% of votes cast 56%44%0%0%
How each member voted (39)
Member Party Vote
Barker, George L. — Yea
Bell, John J. — Yea
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
Dunnavant, Siobhan S. — Nay
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Nay
Howell, Janet D. — Yea
Kiggans, Jennifer A. — Nay
Lewis, Lynwood W., Jr. — Yea
Mason, T. Montgomery "Monty" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
Ruff, Frank M., Jr. — Nay
Saslaw, Richard L. — Yea
Spruill, Lionell, Sr. — Yea
Vogel, Jill Holtzman — Nay
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Ghazala F. Hashmi — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
Todd E. Pillion — Nay
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Barker, George L. — Yea
Bell, John J. — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
Dunnavant, Siobhan S. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Kiggans, Jennifer A. — Yea
Lewis, Lynwood W., Jr. — Yea
Mason, T. Montgomery "Monty" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Spruill, Lionell, Sr. — Yea
Vogel, Jill Holtzman — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ghazala F. Hashmi — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (36-Y 0-N)

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35004
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Barker, George L. — Yea
Bell, John J. — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Not Voting
Dunnavant, Siobhan S. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Kiggans, Jennifer A. — Yea
Lewis, Lynwood W., Jr. — Yea
Mason, T. Montgomery "Monty" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Not Voting
Petersen, J. Chapman — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Spruill, Lionell, Sr. — Yea
Vogel, Jill Holtzman — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ghazala F. Hashmi — Yea
Jennifer B. Boysko — Not Voting
Jeremy S. McPike — Yea
L. Louise Lucas — Not Voting
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Howell, Janet D. — Yea
Norment, Thomas K., Jr. — Yea
Barker, George L. — Yea
Saslaw, Richard L. — Yea
Hanger, Emmett W., Jr. — Yea
Ruff, Frank M., Jr. — Yea
Newman, Stephen D. — Yea
Edwards, John S. — Yea
Vogel, Jill Holtzman — Yea
Petersen, J. Chapman — Yea
McClellan, Jennifer L. — Yea
Adam P. Ebbin — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
R. Creigh Deeds — Yea

Official roll call →

Reported from Judiciary with amendment (10-Y 3-N)

Passed 10 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 10202
Total 10202
% of votes cast 71%14%0%14%
How each member voted (14)
Member Party Vote
Edwards, John S. — Yea
Norment, Thomas K., Jr. — Not Voting
Saslaw, Richard L. — Yea
Petersen, J. Chapman — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Not Voting
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

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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 2021 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?
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