Status offenders; willful and material violation of court order or terms of probation.
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HB 2056 — Status offenders; willful and material violation of court order or terms of probation.
Last action — Failed to report (defeated) in Judiciary (7-Y 7-N 1-A)
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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✓Passed House of Delegates
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Died in session
This bill died with 2021 Regular Session. It reached “Passed House of Delegates” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Status offenders; willful and material violation of court order or terms of probation; notice; orders of disposition for violation. Removes the option for a court to order that a status offender be detained in a secure facility for a willful and material violation of a court order or term of probation.
Bill Text
What changed in the latest version
48 added · 53 removedPlain-language change summary
The amendment to Bill HB 2056 introduces specific language clarifying the procedure for managing youth who violate court orders. Notably, it requires courts to ensure that children, their parents, and attorneys receive proper notification regarding the consequences of these violations. Additionally, the bill emphasizes that children aged 14 and older can be placed in various types of facilities based on their needs after considering all community treatment options. This change aims to create a clearer, more supportive process for addressing youth violations while ensuring their legal rights are protected.
SPECIAL SESSION I history | hilite | pdf | print version 21101687D21103629D HOUSE BILL NO.
2056 OfferedAMENDMENT JanuaryIN 13,THE 2021NATURE PrefiledOF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on January 12,27, 20212021) (Patron Prior to Substitute--Delegate Scott) A BILL to amend and reenact §§ 16.1-278.5, 16.1-291, and 16.1-292 of the Code of Virginia, relating to status offenders;
----------Be Patrons--it Scott,enacted Adams,by D.M.,the Bourne,General Carr,Assembly Carter,of Hope,Virginia: Hudson, Hurst, Jenkins, Kory, McQuinn, Price, Rasoul, Samirah, Simon and Tyler;
Senator:
Boysko ---------- Referred to Committee for Courts of Justice ---------- Be it enacted by the General Assembly of Virginia:
Order any such child fourteen 14 years of age or older to be (i) placed in a foster home, group home, or other nonsecure residential facility,facility,; or, (ii) if the court finds that such placement is not likely to meet the child's needs, that all other treatment options in the community have been exhausted, and that secure placement is necessary in order to meet the child's service needs, detained in a secure facility for a period of time not to exceed ten consecutive days for violation of any order of the court or violation of probation arising out of the same petition.
or, (ii) if the court finds that such placement is not likely to meet the child's needs, that all other treatment options in the community have been exhausted, and that secure placement is necessary in order to meet the child's service needs, detained in a secure facility for a period of time not to exceed ten consecutive days for violation of any order of the court or violation of probation arising out of the same petition.
When any child is detained in a secure facility pursuant to this section, the court shall direct the3. agency evaluating the child pursuant to § 16.1-278.5 to reconvene the interdisciplinary team participating in such evaluation, develop further treatment plans as may be appropriate and submit its report to the court of its determination as to further treatment efforts either during or following the period the child is in secure detention.
Direct the agency evaluating the child pursuant to § 16.1-278.5 to reconvene the interdisciplinary team participating in such evaluation, develop further treatment plans as may be appropriate and submit its report to the court of its determination as to further treatment efforts either during or following the period the child is in secure detention.
Order any such child 14 years of age or older to be (i) placed in a foster home, group home, or other nonsecure residential facilityfacility; or, (ii) if the court finds that such placement is not likely to meet the child's needs, that all other treatment options in the community have been exhausted, and that secure placement is necessary in order to meet the child's service needs, detained in a secure facility for a period of time not to exceed seven consecutive days for violation of any order of the court arising out of the same petition.
or, (ii) if the court finds that such placement is not likely to meet the child's needs, that all other treatment options in the community have been exhausted, and that secure placement is necessary in order to meet the child's service needs, detained in a secure facility for a period of time not to exceed seven consecutive days for violation of any order of the court arising out of the same petition.
When any child is detained in a secure facility pursuant to this section, the court shall direct the3. agency evaluating the child pursuant to § 16.1-278.5 to reconvene the interdisciplinary team participating in such evaluation as promptly as possible to review its evaluation, develop further treatment plans as may be appropriate and submit its report to the court for its determination as to further treatment efforts either during or following the period the child is in secure detention.
Direct the agency evaluating the child pursuant to § 16.1-278.5 to reconvene the interdisciplinary team participating in such evaluation as promptly as possible to review its evaluation, develop further treatment plans as may be appropriate and submit its report to the court for its determination as to further treatment efforts either during or following the period the child is in secure detention.
View plain text versions (2)
- Committee Substitute Committee substitute printed 21103629D-H1 Current html January 27, 2021
- Prefiled Prefiled and ordered printed; offered 01/13/21 21101687D html January 12, 2021
Action History
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Failed to report (defeated) in Judiciary (7-Y 7-N 1-A)
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Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Passage (58-Y 42-N)
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Read third time and passed House (58-Y 42-N)
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Engrossed by House - committee substitute HB2056H1
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Committee substitute agreed to 21103629D-H1
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Read second time
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Read first time
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Impact statement from DPB (HB2056H1)
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Reported from Courts of Justice with substitute (15-Y 7-N)
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Committee substitute printed 21103629D-H1
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Subcommittee recommends reporting with substitute (6-Y 2-N)
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Subcommittee recommends reporting with substitute (6-Y 2-N)
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/13/21 21101687D
Sponsors
- Don Scott · Primary
- Betsy B. Carr · Cosponsor
- Patrick A. Hope · Cosponsor
- Delores L. McQuinn · Cosponsor
- Marcia S. "Cia" Price · Cosponsor
- Sam Rasoul · Cosponsor
- Marcus B. Simon · Cosponsor
- Jennifer B. Boysko · Cosponsor
- Kimberly Pope Adams · Cosponsor
- Roslyn C. Tyler · Cosponsor
- Ibraheem S. Samirah · Cosponsor
- Kaye Kory · Cosponsor
- Clinton L. Jenkins · Cosponsor
- Chris L. Hurst · Cosponsor
- Sally L. Hudson · Cosponsor
- Lee J. Carter · Cosponsor
- Jeffrey M. Bourne · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 16 co-sponsors · 131 not signed on · 49 voted No
"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 | 7 | 7 | 0 | 1 |
| Total | 7 | 7 | 0 | 1 |
| % of votes cast | 47% | 47% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Not Voting |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Nay |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 57 | 42 | 0 | 0 |
| Total | 57 | 42 | 0 | 0 |
| % of votes cast | 58% | 42% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 7 | 0 | 0 |
| Total | 15 | 7 | 0 | 0 |
| % of votes cast | 68% | 32% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Charniele L. Herring | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Don Scott | — | Yea |
| Edmunds, James E., II | — | Nay |
| Guy, Nancy D. | — | Yea |
| Heretick, Steve E. | — | Nay |
| James A. "Jay" Leftwich | — | Nay |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | 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 | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 1 |
| Total | 6 | 2 | 0 | 1 |
| % of votes cast | 67% | 22% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Charniele L. Herring | — | Not Voting |
| Coyner, Carrie E. | — | Yea |
| Don Scott | — | Yea |
| Guy, Nancy D. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Mullin, Michael P. | — | Yea |
| Vivian E. Watts | — | Yea |
Subjects
Frequently asked questions
- What does HB 2056 do?
- Status offenders; willful and material violation of court order or terms of probation; notice; orders of disposition for violation. Removes the option for a court to order that a status offender be detained in a secure facility for a willful and material violation of a court order or term of probation.
- Who sponsors HB 2056?
- HB 2056 is sponsored by Don Scott, Betsy B. Carr, Patrick A. Hope, Delores L. McQuinn, Marcia S. "Cia" Price, Sam Rasoul, Marcus B. Simon, Jennifer B. Boysko, Kimberly Pope Adams, Tyler, Roslyn C., Samirah, Ibraheem S., Kory, Kaye, Jenkins, Clinton L., Hurst, Chris L., Hudson, Sally L., Carter, Lee J., and Bourne, Jeffrey M..
- What is the current status of HB 2056?
- This bill died with 2021 Regular Session. It reached “Passed House of Delegates” 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 2056?
- Track HB 2056 free on One Click Politics — get push/email alerts when it moves.
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