Restitution; supervised probation.
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SB 1285 — Restitution; supervised probation.
Last action — Vetoed by Governor
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 10, 2017. Enacted.
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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Mixed recorded votes
9 passed, 1 failed in 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
Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation until all ordered restitution is paid in full. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution, if any, 30 days prior to the defendant's release from supervision. The bill also requires that a court schedule a hearing if any restitution remains unsatisfied on the date upon which restitution was to be paid in full within 90 days of such date if no probation agency was ordered to monitor the defendant's payments. The bill also establishes a mechanism for releasing a defendant from an indefinite term of probation even though all ordered restitution has not been paid in full. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to
Bill Text
What changed in the latest version
39 added · 29 removedPlain-language change summary
The amendments to SB 1285 clarify the conditions under which a convicted individual may be placed on probation or have their sentence suspended. It now specifies that individuals convicted of certain crimes must make at least partial restitution for property damage or loss before being eligible for probation, while also allowing the court to require community service. This change is significant because it emphasizes accountability for offenders to compensate victims, ensuring that justice is served both to the victims and within the community.
SESSION history | hilite | pdf | print version VIRGINIA17106016D ACTSSENATE OFBILL ASSEMBLYNO. -- CHAPTER An Act to amend and reenact §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, and 19.2-368.15 of the Code of Virginia, relating to restitution;
1285 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on March 24, 2017) (Patron Prior to Substitute--Senator Obenshain) A BILL to amend and reenact §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, and 19.2-368.15 of the Code of Virginia, relating to restitution;
[S 1285] Approved Be it enacted by the General Assembly of Virginia:
2.
That the provisions of this act shall apply, as a pilot program, only in cases before the courts of the 16th Judicial Circuit.
3.
That the provisions of the first and second enactments of this act shall expire on July 1, 2019.
4.
That the Virginia State Crime Commission is directed to monitor the effect of this act and report its findings to the General Assembly by January 1, 2020.
View plain text versions (5)
- Substitute Senate: Governor's substitute printed 17106016D-S1 Current html March 24, 2017
- Senate: Bill text as passed Senate and House (SB1285ER) View text html March 07, 2017
- Committee Substitute House: Committee substitute printed 17105279D-H1 html February 20, 2017
- Engrossed Senate: Printed as engrossed 17103232D-E html February 03, 2017
- Prefiled Senate: Prefiled and ordered printed; offered 01/11/17 17103232D html January 10, 2017
Action History
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Vetoed by Governor
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Governor's Action Deadline Midnight, May 5, 2017
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Communicated to Governor
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Governor's substitute printed 17106016D-S1
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Governor's recommendation received by Senate
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Governor's Action Deadline Midnight, March 27, 2017
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Enrolled Bill Communicated to Governor on 3/13/17
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Signed by President
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Signed by Speaker
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Enrolled
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Title replaced 17105279D-H1
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Passed House with substitute (78-Y 21-N)
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Engrossed by House - committee substitute SB1285H1
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Committee substitute agreed to 17105279D-H1
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Read third time
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Passed by temporarily
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Read second time
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Assigned Courts sub: Criminal Law
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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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Printed as engrossed 17103232D-E
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Engrossed by Senate as amended SB1285E
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Committee amendments agreed to
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Reading of amendments waived
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Read second time
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Rereferred to Finance
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/11/17 17103232D
Sponsors
- Mark D. Obenshain · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 17 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
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 78 | 21 | 0 | 0 |
| Total | 78 | 21 | 0 | 0 |
| % of votes cast | 79% | 21% | 0% | 0% |
How each member voted (99)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 1285 do?
- Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation until all ordered restitution is paid in full. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution, if any, 30 days prior to the defendant's release from supervision. The bill also requires that a court schedule a hearing if any restitution remains unsatisfied on the date upon which restitution was to be paid in full within 90 days of such date if no probation agency was ordered to monitor the defendant's payments. The bill also establishes a mechanism for releasing a defendant from an indefinite term of probation even though all ordered restitution has not been paid in full. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to
- Who sponsors SB 1285?
- SB 1285 is sponsored by Mark D. Obenshain.
- What is the current status of SB 1285?
- This bill has been enacted into law. Introduced January 10, 2017. Enacted.
- Where can I track SB 1285?
- Track SB 1285 free on One Click Politics — get push/email alerts when it moves.
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