Virginia 2022 Regular Session Status: Passed House Of Delegates

HB 758 — Probation, revocation, and suspension of sentence; penalty.

Last action — Defeated by Senate (18-Y 21-N)

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

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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes. The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense. The bill also adds the offense of crimes against nature committed on or after July 1, 2022, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.

Bill Text

What changed in the latest version

30 added · 24 removed

Plain-language change summary

The amendment to HB 758 adds details related to the conditions of probation and the processes for submitting fingerprints to the Central Criminal Records Exchange. It clarifies that a court can fix the period of suspension for any felony offense up to the statutory maximum and for Class 1 misdemeanors up to two years. Additionally, it states that any term of incarceration for violating the conditions of a suspended sentence cannot exceed the original maximum sentence. These changes affect how probation and sentencing are managed in the court system.

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SESSION SENATE SUBSTITUTE 22107147D HOUSE BILL NO.
SESSION SENATE SUBSTITUTE 22107402D HOUSE BILL NO.
758 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 28, 2022) (Patron Prior to Substitute––Delegate Adams, L.R.) A BILL to amend and reenact §§ 19.2-303 and 19.2-303.1 of the Code of Virginia, relating to Be it enacted by the General Assembly of Virginia:
758 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator Edwards on March 4, 2022) (Patron Prior to Substitute––Delegate Adams, L.R.) A BILL to amend and reenact §§ 19.2-303 and 19.2-303.1 of the Code of Virginia, relating to Be it enacted by the General Assembly of Virginia:
The judge, after convicting the defendant of any offense for which a report to the Central Criminal RecordU Exchange is required in accordance with subsection A of § 19.2-390, shall determine whether a cBpy of the defendant's fingerprints or fingerprint identification information has been provided by a fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and a photograph be taken by a law-enforcement officer as 36 a condition of probation or of the suspension of the imposition or execution of any sentence for such 37 offense.
The judge, after convicting the defendant of any offense for which a report to the Central Criminal RecordU Exchange is required in accordance with subsection A of § 19.2-390, shall determine whether a cBpy of the defendant's fingerprints or fingerprint identification information has been provided by a fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and a photograph be taken by a law-enforcement officer as :
36 a condition of probation or of the suspension of the imposition or execution of any sentence for such 37 offense.
After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in partHor for placing the accused on probation, place reasonable restrictions on those persons with whom the 7ccused anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in § 16.1-228, shall be permitted unless expressly prohibited by t1e court.
After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in partHor for placing the accused on probation, place reasonable restrictions on those persons with whom the 7ccused anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in § 16.1-228, shall be permitted unless expressly prohibited by t2e court.
Notwithstanding any other provision of law, in any case where a defendant is convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum HB758S1 2 of 2 period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court.
Notwithstanding any other provision of law, in any case where a defendant is convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum HB758S2 2 of 2 period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court.
Any term of incarceration imposed upon a violation of the terms and conditions of probation or supervised probation shall not exceed the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
Any term of incarceration imposed upon a violation of the terms and conditions of a suspended sentence shall not exceed the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
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Action History

  1. Defeated by Senate (18-Y 21-N)

  2. Substitute by Senator Edwards agreed to 22107402D-S2

  3. Reading of substitute waived

  4. Committee substitute rejected 22107147SD-S1 (9-Y 30-N)

  5. Read third time

  6. Impact statement from DPB (HB758S2)

  7. Impact statement from VCSC (HB758S2)

  8. Passed by for the day

  9. Floor substitute printed 22107402D-S2 (Edwards)

  10. Constitutional reading dispensed (39-Y 0-N)

  11. Impact statement from DPB (HB758S1)

  12. Impact statement from VCSC (HB758S1)

  13. Reported from Finance and Appropriations (12-Y 3-N)

  14. Rereferred to Finance and Appropriations

  15. Committee substitute printed 22107147D-S1

  16. Reported from Judiciary with substitute (13-Y 2-N)

  17. Senate committee, floor amendments and substitutes offered

  18. Senate committee, floor amendments and substitutes offered

  19. Racial and ethnic impact statement from JLARC (HB758H1)

  20. Referred to Committee on the Judiciary

  21. Constitutional reading dispensed

  22. VOTE: Passage (52-Y 48-N)

  23. Read third time and passed House (52-Y 48-N)

  24. Engrossed by House - committee substitute HB758H1

  25. Committee substitute agreed to 22106124D-H1

  26. Read second time

  27. Passed by for the day

  28. Impact statement from DPB (HB758H1)

  29. Read first time

  30. Impact statement from VCSC (HB758H1)

  31. Committee substitute printed 22106124D-H1

  32. Reported from Courts of Justice with substitute (11-Y 9-N)

  33. Subcommittee recommends reporting with substitute (5-Y 3-N)

  34. House subcommittee amendments and substitutes offered

  35. Assigned Courts sub: Subcommittee #4

  36. Impact statement from DPB (HB758)

  37. Impact statement from VCSC (HB758)

  38. Referred to Committee for Courts of Justice

  39. Prefiled and ordered printed; offered 01/12/22 22103759D

Sponsors

Sponsorship breakdown

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1 sponsors · 20 co-sponsors · 127 not signed on · 75 voted No

Sponsors (1)

Co-sponsors (20)

Not signed on (127)

127 members have not signed on to this bill.

Show all 127 →

"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

Defeated by Senate (18-Y 21-N)

Failed 18 Yea · 21 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 182101
Total 182101
% of votes cast 45%53%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Nay
Morrissey, Joseph D. — Nay
Spruill, Lionell, Sr. — Nay
Barbara A. Favola — Nay
Barker, George L. — Nay
Bell, John J. — Nay
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Nay
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Nay
Edwards, John S. — Nay
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Nay
Howell, Janet D. — Nay
Jennifer B. Boysko — Nay
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Nay
Lewis, Lynwood W., Jr. — Nay
Mamie E. Locke — Nay
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Nay
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Nay
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Nay
Scott A. Surovell — Nay
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Committee substitute rejected 22107147SD-S1 (9-Y 30-N)

Failed 9 Yea · 30 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 93001
Total 93001
% of votes cast 23%75%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Nay
Morrissey, Joseph D. — Nay
Spruill, Lionell, Sr. — Nay
Barbara A. Favola — Nay
Barker, George L. — Nay
Bell, John J. — Nay
Bill DeSteph — Nay
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Nay
David W. Marsden — Nay
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Nay
Edwards, John S. — Nay
Hanger, Emmett W., Jr. — Nay
Hashmi, Ghazala F. — Nay
Howell, Janet D. — Nay
Jennifer B. Boysko — Nay
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Nay
Lewis, Lynwood W., Jr. — Nay
Mamie E. Locke — Nay
Mark D. Obenshain — Yea
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Nay
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Nay
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Yea
Saslaw, Richard L. — Nay
Scott A. Surovell — Nay
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (39-Y 0-N)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Not Voting
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations (12-Y 3-N)

Passed 12 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12300
Total 12300
% of votes cast 80%20%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Nay
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Nay
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Nay
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

Official roll call →

Reported from Judiciary with substitute (13-Y 2-N)

Passed 13 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13200
Total 13200
% of votes cast 87%13%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Nay
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Nay
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 — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Passage (52-Y 48-N)

Passed 51 Yea · 48 Nay
Party YeaNayPresentNot Voting
Unaffiliated 514800
Total 514800
% of votes cast 52%48%0%0%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Yea
March, Marie E. — Yea
Adams, Dawn M. — Nay
Adams, Les R. — Yea
Alfonso H. Lopez — Nay
Angelia Williams Graves — Nay
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Nay
Bill Wiley — Yea
Bourne, Jeffrey M. — Nay
Briana D. Sewell — Nay
Bulova, David L. — Nay
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Nay
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Nay
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Nay
Cordoza, A.C. — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Nay
Danica A. Roem — Nay
David A. Reid — Nay
Davis, Glenn R. — Yea
Delores L. McQuinn — Nay
Don Scott — Nay
Edmunds, James E., II — Yea
Elizabeth B. Bennett-Parker — Nay
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gooditis, Wendy W. — Nay
Guzman, Elizabeth R. — Nay
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Nay
Irene Shin — Nay
Israel D. O'Quinn — Yea
Jackie H. Glass — Nay
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Nay
Jenkins, Clinton L. — Nay
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Nay
Kathy K.L. Tran — Nay
Keam, Mark L. — Nay
Knight, Barry D. — Yea
Kory, Kaye — Nay
LaRock, Dave A. — Yea
Lamont Bagby — Nay
Luke E. Torian — Nay
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Nay
Marcia S. "Cia" Price — Nay
Marcus B. Simon — Nay
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Nay
Mundon King, Candi — Nay
Murphy, Kathleen — Nay
Nadarius E. Clark — Nay
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Nay
Paul E. Krizek — Nay
Phillip A. Scott — Yea
Plum, Kenneth R. — Nay
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Nay
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Nay
Sam Rasoul — Nay
Schuyler T. VanValkenburg — Nay
Scott A. Wyatt — Yea
Shelly A. Simonds — Nay
Sickles, Mark D. — Nay
Subramanyam, Suhas — Nay
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Nay
Wampler, William C., III — Yea
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Courts of Justice with substitute (11-Y 9-N)

Passed 11 Yea · 9 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11900
Total 11900
% 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

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does HB 758 do?
Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes. The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense. The bill also adds the offense of crimes against nature committed on or after July 1, 2022, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
Who sponsors HB 758?
HB 758 is sponsored by Tara A. Durant, Christopher T. Head, M. Keith Hodges, James A. "Jay" Leftwich, Marie E. March, Chris S. Runion, Anne Ferrell Tata, Wendell S. Walker, Michael J. Webert, Bill Wiley, Wren M. Williams, Jason S. Ballard, Emily M. Jordan, Jessica L. Anderson, Kimberly Pope Adams, Hyland F. "Buddy" Fowler, Jr., Bell, Robert B., Avoli, G. "John", Ransone, Margaret B., LaRock, Dave A., and Edmunds, James E., II.
What is the current status of HB 758?
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 758?
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