Virginia 2019 Regular Session Status: Enacted

SB 1069 — Habeas corpus; reorganizes, updates outdated language, and removes unused provisions.

Last action — Approved by Governor-Chapter 48 (effective 7/1/19)

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

This bill has been enacted into law. Introduced December 12, 2018. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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

Reorganizes, updates outdated language, and removes unused provisions in several writ of habeas corpus statutes. The bill clarifies certain procedural issues such as service, venue, amendments for failure to name a proper party respondent, necessity of a response, and transfer for evidentiary hearings. This bill is a recommendation of the Judicial Council. This bill is identical to

Bill Text

What changed in the latest version

8 added · 8 removed

Plain-language change summary

The recent amendment to Bill SB 1069 adds new language regarding habeas corpus procedures in Virginia, specifically outlining conditions for individuals who are challenging their convictions while currently detained. It also focuses on the repeal of certain sections of the Code of Virginia that previously addressed habeas corpus, which may streamline the process for petitioners. This change is important because it clarifies the legal framework for individuals seeking to contest their convictions, potentially making it easier for those wrongfully imprisoned to receive relief.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 8.01-654, 8.01-658, and 8.01-662 of the Code of Virginia and to repeal §§ 8.01-656, 8.01-657, and 8.01-659 of the Code of Virginia, relating to habeas corpus.
SESSION history | hilite | pdf | print version CHAPTER 48 An Act to amend and reenact §§ 8.01-654, 8.01-658, and 8.01-662 of the Code of Virginia and to repeal §§ 8.01-656, 8.01-657, and 8.01-659 of the Code of Virginia, relating to habeas corpus.
[S 1069] Approved   Be it enacted by the General Assembly of Virginia:
[S 1069] Approved February 19, 2019   Be it enacted by the General Assembly of Virginia:
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View plain text versions (3)

Action History

  1. Approved by Governor-Chapter 48 (effective 7/1/19)

  2. Governor's Action Deadline Midnight, February 21, 2019

  3. Enrolled Bill Communicated to Governor on February 14, 2019

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Passed House BLOCK VOTE (99-Y 0-N)

  8. Read third time

  9. Read second time

  10. Referred to Committee for Courts of Justice

  11. Read first time

  12. Placed on Calendar

  13. Read second time and engrossed

  14. Referred to Committee for Courts of Justice

  15. Prefiled and ordered printed; offered 01/09/19 19101171D

Sponsors

Sponsorship breakdown

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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.

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

Reported from Courts of Justice

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Collins — Yea
Miyares — Yea
Ransone — Yea
Bell, Robert B. — Yea
Campbell, J.L. — Yea
Campbell, R.R. — Yea
Bourne — Yea
Gilbert — Yea
Mullin — Yea
Toscano — Yea
Charniele L. Herring — Yea
James A. "Jay" Leftwich — Yea
Jennifer D. Carroll Foy — Yea
Kimberly Pope Adams — Yea
Marcus B. Simon — Yea
Terry G. Kilgore — Yea
Vivian E. Watts — Yea

Official roll call →

Read third time and passed Senate

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Barker — Yea
Black — Yea
Carrico — Yea
Chafin — Yea
Cosgrove — Yea
Dance — Yea
Dunnavant — Yea
Hanger — Yea
Norment — Yea
Vogel — Yea
Chase — Yea
Howell — Yea
Mason — Yea
McClellan — Yea
Spruill — Yea
Edwards — Yea
Lewis — Yea
Newman — Yea
Petersen — Yea
Ruff — Yea
Saslaw — Yea
Wagner — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Glen H. Sturtevant, Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed

Passed 38 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38100
Total 38100
% of votes cast 97%3%0%0%
How each member voted (39)
Member Party Vote
Barker — Yea
Dance — Yea
Petersen — Yea
Black — Yea
Carrico — Yea
Chafin — Yea
Howell — Yea
Mason — Yea
McClellan — Yea
Chase — Yea
Cosgrove — Yea
Dunnavant — Yea
Edwards — Yea
Hanger — Yea
Lewis — Yea
Newman — Yea
Spruill — Yea
Ruff — Yea
Saslaw — Yea
Vogel — Yea
Wagner — Nay
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Glen H. Sturtevant, Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Courts of Justice

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Norment — Yea
Petersen — Yea
Howell — Yea
Chafin — Yea
Edwards — Yea
Saslaw — Yea
Bryce E. Reeves — Yea
Glen H. Sturtevant, Jr. — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 1069 do?
Reorganizes, updates outdated language, and removes unused provisions in several writ of habeas corpus statutes. The bill clarifies certain procedural issues such as service, venue, amendments for failure to name a proper party respondent, necessity of a response, and transfer for evidentiary hearings. This bill is a recommendation of the Judicial Council. This bill is identical to
Who sponsors SB 1069?
SB 1069 is sponsored by Mark D. Obenshain.
What is the current status of SB 1069?
This bill has been enacted into law. Introduced December 12, 2018. Enacted.
Where can I track SB 1069?
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