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2016 SESSION
16105450DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-306 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-306. Revocation of suspension of sentence and probation.
A. In any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court. If neither a probation period nor a period of suspension was fixed by the court, then the court may revoke the suspension for any cause the court deems sufficient that occurred within the maximum period for which the defendant might originally have been sentenced to be imprisoned.
B. The court may not conduct a hearing to revoke the
suspension of sentence unless the court, within one year after the
expiration of the period of probation or the period of suspension, issues
process to notify the accused or to compel his appearance before the court
within one year after the expiration of the period of probation or the period
of suspension or, in the case of a failure to pay restitution, within five
years after such expiration. If neither a probation period nor a period of
suspension was fixed by the court, then the court shall issue process within
one year after the expiration of the maximum period for which the defendant
might originally have been sentenced to be incarcerated. Such notice and
service of process may be waived by the defendant, in which case the court may
proceed to determine whether the defendant has violated the conditions of
suspension.
C. If the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then: (i) if the court originally suspended the imposition of sentence, the court shall revoke the suspension, and the court may pronounce whatever sentence might have been originally imposed or (ii) if the court originally suspended the execution of the sentence, the court shall revoke the suspension and the original sentence shall be in full force and effect. The court may again suspend all or any part of this sentence and may place the defendant upon terms and conditions or probation.
D. If any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred.
E. Nothing contained herein shall be construed to deprive any person of his right to appeal in the manner provided by law to the circuit court having criminal jurisdiction from a judgment or order revoking any suspended sentence.