HB 2038

  • Virginia House Bill
  • 2021 Regular Session
  • Introduced in House Jan 12, 2021
  • Passed House Feb 01, 2021
  • Passed Senate Feb 22, 2021
  • Became Law Apr 07, 2021

Probation, revocation, and suspension of sentence; limitations on sentence, technical violation.

Abstract

Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.

Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a courtcan impose as a result of a revocation hearing for a probation violation.The bill provides that a court may not impose a sentence of incarcerationfor a first technical violation and may impose no more than (i) 14days for a second violation or (ii) 30 days for a third or subsequentviolation. Additionally, for a third or subsequent technical violation,a court may impose any sentencing alternatives that were availableat the time of initial sentencing. The bill also provides that acourt may place a defendant on probation for a period of not morethan the maximum period for which the defendant may have been sentenced,or not more than five years, whichever is less. The bill also providesthat a court must measure any period of suspension of sentence fromthe date of entry of the original judgment order.

Bill Sponsors (76)

Votes


Actions


Apr 07, 2021

House

Placed on Calendar

House

Enacted, Chapter 538 (effective 7/1/21)

Senate

Signed by President as reenrolled

House

Signed by Speaker as reenrolled

House

Reenrolled bill text (HB2038ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted

Senate

Senate concurred in Governor's recommendation (22-Y 18-N)

House

VOTE: Adoption (57-Y 42-N)

House

House concurred in Governor's recommendation (57-Y 42-N)

Mar 31, 2021

House

Governor's recommendation received by House

Mar 01, 2021

House

Enrolled Bill communicated to Governor on March 1, 2021

Office of the Governor

Governor's Action Deadline 11:59 p.m., March 31, 2021

Feb 26, 2021

House

Signed by Speaker

Feb 25, 2021

House

Impact statement from DPB (HB2038ER)

Senate

Signed by President

House

Enrolled

Feb 23, 2021

House

Senate substitute agreed to by House 21200410D-S1 (57-Y 39-N)

House

VOTE: Adoption (57-Y 39-N)

House

Placed on Calendar

Feb 22, 2021

Senate

Read third time

Senate

Reading of substitute waived

Senate

Committee substitute agreed to 21200410D-S1

Senate

Engrossed by Senate - committee substitute HB2038S1

Senate

Passed Senate with substitute (23-Y 16-N)

House

Impact statement from DPB (HB2038S1)

Feb 19, 2021

Senate

Constitutional reading dispensed (32-Y 0-N)

Feb 17, 2021

Senate

Committee substitute printed 21200410D-S1

Senate

Reported from Judiciary with substitute (9-Y 6-N)

Feb 10, 2021

Senate

Assigned Judiciary sub: Criminal Law

Feb 05, 2021

Senate

Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)

Feb 04, 2021

House

Impact statement from DPB (HB2038H2)

Feb 02, 2021

Senate

Referred to Committee on the Judiciary

Senate

Constitutional reading dispensed

Feb 01, 2021

House

VOTE: Passage (57-Y 43-N)

House

Read third time and passed House (57-Y 43-N)

Jan 29, 2021

House

Committee substitute rejected 21103781D-H1

House

Engrossed by House - floor substitute HB2038H2

House

Substitute by Delegate Scott agreed to 21104033D-H2

House

Read second time

House

Floor substitute printed 21104033D-H2 (Scott)

Jan 28, 2021

House

Read first time

Jan 27, 2021

House

House committee, floor amendments and substitutes offered

House

Reported from Courts of Justice with substitute (11-Y 10-N)

House

Committee substitute printed 21103781D-H1

Jan 22, 2021

House

Impact statement from DPB (HB2038)

House

Subcommittee recommends reporting with substitute (6-Y 2-N)

House

House subcommittee amendments and substitutes offered

House

Subcommittee recommends reporting with substitute (6-Y 2-N)

Jan 21, 2021

House

Assigned Courts sub: Criminal

Jan 12, 2021

House

Prefiled and ordered printed; offered 01/13/21 21102555D

House

Referred to Committee for Courts of Justice

Bill Text

Bill Text Versions Format
Committee substitute printed 21103781D-H1 HTML
HB2038H2 HTML
Committee substitute printed 21200410D-S1 HTML
HB2038ER HTML
HB2038ER2 HTML
CHAP0538 HTML

Related Documents

Document Format
Fiscal Impact Statement: HB2038FH2122.PDF PDF
Fiscal Impact Statement: HB2038F122.PDF PDF
Amendment: HB2038AG. HTML
Amendment: HB2038AG 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.