Discretionary sentencing guidelines; midpoint for violent felony offenses, report, effective date.
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SB 423 — Discretionary sentencing guidelines; midpoint for violent felony offenses, report, effective date.
Last action — Enacted, Chapter 723 (effective 7/1/23)
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 Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Discretionary sentencing guidelines; midpoint for violent felony offenses. Clarifies the Virginia Criminal Sentencing Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data. The bill also requires the Commission to submit a report to the General Assembly, the Governor, and the Chief Justice of the Supreme Court of Virginia by October 1, 2022, documenting the impact on sentencing guideline midpoints for each offense if the Commission were to recommend changes to the midpoints based on analysis of historical sentencing data. The provisions of the first enactment of the bill clarifying the Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data has a delayed effective date of January 1, 2023. This bill is identical to HB 1320.
Bill Text
What changed in the latest version
27 added · 28 removedPlain-language change summary
The recent amendments to Bill SB 423 update the wording regarding how sentencing guidelines for violent felonies will be determined. Notably, the new version clarifies that the Virginia Criminal Sentencing Commission will adjust midpoints based on an offender's past convictions, with an emphasis on using historical data for accuracy. This change is crucial as it can potentially lead to longer imprisonment periods for certain offenders, impacting both sentencing consistency and public safety. Additionally, the deadline for the Commission to report its findings has been adjusted, ensuring timely feedback on how these guideline changes affect sentencing outcomes.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 723R An Act to amend the Code of Virginia by adding a section numbered 17.1-805.1, relating to E discretionary sentencing guidelines;
E N [S 423] Approved AprilR 27, 2022 Be it enacted by the General Assembly of Virginia:
O 1.
L § 17.1-805.1.
The Commission shall adopt discretionary felony sentencing guidelines that may increase the midpointL violent felony offenses, as defined in subsection C of the§ recommended17.1-805.t's sentencingrecord rangeof basedconvictions forE For guidelines that become effective on or after July 1, 2022, the defendant'sCommission recordmay increase tDe midpoint of convictionsthe forrecommended violentsentencing felonyrange offenses,for such defendants as definedset forth in subsection CA of § 17.1-805.17.1-805 or the Commission may recommend increases in the midpoint to the degree indicated by Commission to modify the sentencing guidelines midpoints shall be contained in the annual reporty the required under § 17.1-803 and shall become effective in accordance with § 17.1-806.
For guidelines that become effective on or after July 1, 2022, the Commission may increase the § 17.1-805 or the Commission may recommend increases in the midpoint to the degree indicated byf historical data for felony offenses sentenced in the Commonwealth.
Any recommendations adopted by the Commission to modify the sentencing guidelines midpoints shall be contained in the annual report required under § 17.1-803 and shall become effective in accordance with § 17.1-806.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of JuvenileJuvenileitieB and Justice.
2 3.
That the Virginia Criminal Sentencing Commission (the Commission) shall submit a report to E the General Assembly, the Governor, and the Chief Justice of the Supreme Court of Virginia by October2 1, 2022, documenting the impact on sentencing guideline midpoints for each offense if the Commission were to recommend changes to the midpoints based on analysis of historicalhistoricalfense if the sentencing data.
View plain text versions (4)
- SB423ER2 View text pdf April 27, 2022
- CHAP0723 View text Current pdf April 27, 2022
- SB423ER View text pdf February 28, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100694D pdf January 11, 2022
Action History
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Enacted, Chapter 723 (effective 7/1/23)
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB423ER2)
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Reenrolled
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Governor's recommendation adopted
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VOTE: Adoption (100-Y 0-N)
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House concurred in Governor's recommendation BLOCK VOTE (100-Y 0-N)
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Senate concurred in Governor's recommendation (40-Y 0-N)
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Governor's recommendation received by Senate
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Signed by Speaker
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Signed by President
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Impact statement from DPB (SB423ER)
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Enrolled
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VOTE: Block Vote Passage (99-Y 0-N)
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Passed House BLOCK VOTE (99-Y 0-N)
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Read third time
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Read second time
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Reported from Courts of Justice (20-Y 0-N)
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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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Read second time and engrossed
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Impact statement from DPB (SB423)
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Constitutional reading dispensed (38-Y 0-N)
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Passed by for the day
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Reported from Judiciary (15-Y 0-N)
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Impact statement from VCSC (SB423)
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/12/22 22100694D
Sponsors
- John S. Edwards · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
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 | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | 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 | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 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 | — | 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 |
Subjects
Frequently asked questions
- What does SB 423 do?
- Discretionary sentencing guidelines; midpoint for violent felony offenses. Clarifies the Virginia Criminal Sentencing Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data. The bill also requires the Commission to submit a report to the General Assembly, the Governor, and the Chief Justice of the Supreme Court of Virginia by October 1, 2022, documenting the impact on sentencing guideline midpoints for each offense if the Commission were to recommend changes to the midpoints based on analysis of historical sentencing data. The provisions of the first enactment of the bill clarifying the Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data has a delayed effective date of January 1, 2023. This bill is identical to HB 1320.
- Who sponsors SB 423?
- SB 423 is sponsored by Edwards, John S..
- What is the current status of SB 423?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 423?
- Track SB 423 free on One Click Politics — get push/email alerts when it moves.
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