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SB 326

  • Virginia Senate Bill
  • 2020 Regular Session
  • Introduced in Senate Jan 06, 2020
  • Passed Senate Feb 11, 2020
  • House
  • Governor

Sentencing proceeding by the jury after conviction; recommendation of leniency.

Abstract

Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertaining the punishment for a person convicted of a felony or Class 1 misdemeanor, recommend that the sentence imposed be suspended in whole or in part, or that sentences imposed for multiple offenses be served concurrently, except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury.

Sentencing proceeding by the jury after conviction;recommendation of leniency. Provides that a jury may, in ascertainingthe punishment for a person convicted of a felony or Class 1 misdemeanor,recommend that the sentence imposed be suspended in whole or in part,or that sentences imposed for multiple offenses be served concurrently,except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposingan active term of incarceration in excess of the active term of incarcerationrecommended by the jury. The bill also allows the jury to recommendthat the defendant be placed on probation, make full or partial restitution,perform community service, or receive mental health or substanceabuse treatment in lieu of incarceration or as a condition of anysuspended sentence, and requires the court to follow such recommendationunless good cause is shown for why the recommendation is inappropriateor unavailable.

Bill Sponsors (2)

R. Creigh Deeds

  • Democratic
  • upper
  • 25
Primary

Joseph D. Morrissey

  • Democratic
  • upper
  • 16
Cosponsor

Votes


Actions


Feb 24, 2020

House

Continued to 2021 in Courts of Justice

Feb 19, 2020

House

Subcommittee recommends continuing to 2021

Feb 18, 2020

House

Assigned Courts sub: Criminal

Feb 14, 2020

House

Referred to Committee for Courts of Justice

House

Read first time

House

Placed on Calendar

Feb 12, 2020

Senate

Impact statement from DPB (SB326E)

Feb 11, 2020

Senate

Engrossed by Senate as amended SB326E

Senate

Read second time

Senate

Reading of amendment waived

Senate

Committee amendment agreed to

Senate

Printed as engrossed 20102165D-E

Senate

Constitutional reading dispensed (40-Y 0-N)

Senate

Passed Senate (22-Y 18-N)

Feb 10, 2020

Senate

Constitutional reading dispensed (36-Y 0-N)

Feb 06, 2020

Senate

Reported from Finance and Appropriations (15-Y 0-N)

Feb 05, 2020

Senate

Rereferred to Finance and Appropriations

Senate

Reported from Judiciary with amendment (10-Y 3-N)

Jan 31, 2020

Senate

Impact statement from DPB (SB326)

Jan 08, 2020

Senate

Moved from Courts of Justice to Judiciary due to a change of the committee name

Jan 06, 2020

Senate

Prefiled and ordered printed; offered 01/08/20 20102165D

Senate

Referred to Committee on the Judiciary

Bill Text

Bill Text Versions Format
Impact statement from DPB (SB326) HTML
Engrossed by Senate as amended SB326E HTML

Related Documents

Document Format
Amendment: SB326AS HTML

Sources

Data on Open States is updated nightly from the official website of the Virginia General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.