Suspended sentence; limitation on sentence upon revocation, technical violations, penalty.
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HB 760 — Suspended sentence; limitation on sentence upon revocation, technical violations, penalty.
Last action — Passed by indefinitely in Judiciary (9-Y 6-N)
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 House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Limitation on sentence upon revocation of suspensionof sentence; technical violations; penalty. Specifies that aviolation of the terms and conditions of a suspended sentence orprobation based on a defendant's failure to refrain from the use,possession, or distribution of a Schedule I or II controlled substanceshall not be considered a technical violation. Accordingly, a courtis not subject to the limitations on the amount of active incarcerationit can impose as a result of a revocation hearing based on such violationand may revoke the suspension and impose or resuspend any or allof the period previously suspended. Currently, a defendant's failureto refrain from the use, possession, or distribution of any controlledsubstance or paraphernalia is a technical violation.
Bill Text
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101505D Current pdf January 11, 2022
Action History
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Passed by indefinitely in Judiciary (9-Y 6-N)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Passage (51-Y 48-N)
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Read third time and passed House (51-Y 48-N)
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Read second time and engrossed
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Read first time
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Reported from Courts of Justice (11-Y 9-N)
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Subcommittee recommends reporting (5-Y 3-N)
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Assigned Courts sub: Subcommittee #4
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Impact statement from DPB (HB760)
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Impact statement from VCSC (HB760)
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/12/22 22101505D
Sponsors
- Kimberly Pope Adams · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 54 voted No
Sponsors (1)
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 | 9 | 6 | 0 | 0 |
| Total | 9 | 6 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
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 | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 48 | 0 | 1 |
| Total | 50 | 48 | 0 | 1 |
| % of votes cast | 51% | 48% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 9 | 0 | 0 |
| Total | 11 | 9 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Nay |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Nay |
| Don Scott | — | Nay |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Nay |
| Keam, Mark L. | — | Nay |
| Marcus B. Simon | — | Nay |
| Patrick A. Hope | — | Nay |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Nay |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Nay |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 0 |
| Total | 5 | 3 | 0 | 0 |
| % of votes cast | 63% | 38% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Bell, Robert B. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Charniele L. Herring | — | Nay |
| Freitas, Nicholas J. | — | Yea |
| Jason S. Ballard | — | Yea |
| Patrick A. Hope | — | Nay |
| Ransone, Margaret B. | — | Yea |
| Vivian E. Watts | — | Nay |
Subjects
Frequently asked questions
- What does HB 760 do?
- Limitation on sentence upon revocation of suspensionof sentence; technical violations; penalty. Specifies that aviolation of the terms and conditions of a suspended sentence orprobation based on a defendant's failure to refrain from the use,possession, or distribution of a Schedule I or II controlled substanceshall not be considered a technical violation. Accordingly, a courtis not subject to the limitations on the amount of active incarcerationit can impose as a result of a revocation hearing based on such violationand may revoke the suspension and impose or resuspend any or allof the period previously suspended. Currently, a defendant's failureto refrain from the use, possession, or distribution of any controlledsubstance or paraphernalia is a technical violation.
- Who sponsors HB 760?
- HB 760 is sponsored by Kimberly Pope Adams.
- What is the current status of HB 760?
- This bill died with 2022 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 760?
- Track HB 760 free on One Click Politics — get push/email alerts when it moves.
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