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2021 SESSION

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SB 1443 Mandatory minimum sentences; elimination, modification of sentence to mandatory minimum term.

Introduced by: John S. Edwards | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses. Eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement. The work group would report on its findings by November 1, 2021. As introduced, this bill was a recommendation of the Virginia State Crime Commission.

SUMMARY AS INTRODUCED:

Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses. Eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill also provides a petition process for a person who was convicted or adjudicated delinquent of a felony offense committed prior to July 1, 2021, except for a Class 1 felony or any felony that was punishable by a mandatory minimum term of confinement for life, and sentenced to a mandatory minimum term of confinement for such felony offense and who remains incarcerated in a state or local correctional facility serving the mandatory minimum term of confinement for such felony offense to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such mandatory minimum sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. The bill provides that such petition shall be filed by July 1, 2024. This bill is a recommendation of the Virginia State Crime Commission.