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2021 SESSION
HB 2038 Probation, revocation, and suspension of sentence; limitations on sentence, technical violation.
Introduced by: Don L. Scott | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
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.
FULL TEXT
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21102555D pdf | impact statement
- 01/27/21 House: Committee substitute printed 21103781D-H1 pdf
- 01/29/21 House: Floor substitute printed 21104033D-H2 (Scott) pdf | impact statement
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
HISTORY
- 01/12/21 House: Prefiled and ordered printed; offered 01/13/21 21102555D
- 01/12/21 House: Referred to Committee for Courts of Justice
- 01/21/21 House: Assigned Courts sub: Criminal
- 01/22/21 House: Subcommittee recommends reporting with substitute (6-Y 2-N)
- 01/22/21 House: Subcommittee recommends reporting with substitute (6-Y 2-N)
- 01/27/21 House: Committee substitute printed 21103781D-H1
- 01/27/21 House: Reported from Courts of Justice with substitute (11-Y 10-N)
- 01/28/21 House: Read first time
- 01/29/21 House: Floor substitute printed 21104033D-H2 (Scott)
- 01/29/21 House: Read second time
- 01/29/21 House: Committee substitute rejected 21103781D-H1
- 01/29/21 House: Substitute by Delegate Scott agreed to 21104033D-H2
- 01/29/21 House: Engrossed by House - floor substitute HB2038H2
- 02/01/21 House: Read third time and passed House (57-Y 43-N)
- 02/01/21 House: VOTE: Passage (57-Y 43-N)
- 02/02/21 Senate: Constitutional reading dispensed
- 02/02/21 Senate: Referred to Committee on the Judiciary
- 02/05/21 Senate: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)