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2022 SESSION
HB 758 Probation, revocation, and suspension of sentence; penalty.
Introduced by: Les R. Adams | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes.
The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense.
The bill also adds the offense of crimes against nature committed on or after July 1, 2022, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
FULL TEXT
- 01/11/22 House: Prefiled and ordered printed; offered 01/12/22 22103759D pdf | impact statements
- 02/07/22 House: Committee substitute printed 22106124D-H1 pdf | impact statements
- 02/28/22 Senate: Committee substitute printed 22107147D-S1 pdf | impact statements
- 03/04/22 Senate: Floor substitute printed 22107402D-S2 (Edwards) pdf | impact statements
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- Senate committee, floor amendments and substitutes offered
HISTORY
- 01/11/22 House: Prefiled and ordered printed; offered 01/12/22 22103759D
- 01/11/22 House: Referred to Committee for Courts of Justice
- 02/03/22 House: Assigned Courts sub: Subcommittee #4
- 02/04/22 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
- 02/07/22 House: Reported from Courts of Justice with substitute (11-Y 9-N)
- 02/07/22 House: Committee substitute printed 22106124D-H1
- 02/09/22 House: Read first time
- 02/10/22 House: Passed by for the day
- 02/11/22 House: Read second time
- 02/11/22 House: Committee substitute agreed to 22106124D-H1
- 02/11/22 House: Engrossed by House - committee substitute HB758H1
- 02/14/22 House: Read third time and passed House (52-Y 48-N)
- 02/14/22 House: VOTE: Passage (52-Y 48-N)
- 02/16/22 Senate: Constitutional reading dispensed
- 02/16/22 Senate: Referred to Committee on the Judiciary
- 02/28/22 Senate: Reported from Judiciary with substitute (13-Y 2-N)
- 02/28/22 Senate: Committee substitute printed 22107147D-S1
- 02/28/22 Senate: Rereferred to Finance and Appropriations
- 03/02/22 Senate: Reported from Finance and Appropriations (12-Y 3-N)
- 03/03/22 Senate: Constitutional reading dispensed (39-Y 0-N)
- 03/04/22 Senate: Floor substitute printed 22107402D-S2 (Edwards)
- 03/04/22 Senate: Passed by for the day
- 03/07/22 Senate: Read third time
- 03/07/22 Senate: Committee substitute rejected 22107147SD-S1 (9-Y 30-N)
- 03/07/22 Senate: Reading of substitute waived
- 03/07/22 Senate: Substitute by Senator Edwards agreed to 22107402D-S2
- 03/07/22 Senate: Defeated by Senate (18-Y 21-N)