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2024 SESSION
HB 1252 Limitation on sentence upon revocation of suspension of sentence; technical violations.
Introduced by: Adele Y. McClure | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that when conducting a revocation hearing, the court shall consider at the same revocation hearing all alleged technical violations that occurred prior to such revocation hearing and have not been previously considered by the court. The bill also requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall adjudicate such violation within 14 days of the defendant being taken into custody. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days.
FULL TEXT
- 01/10/24 House: Prefiled and ordered printed; offered 01/10/24 24103627D pdf | impact statement
- 02/28/24 House: Bill text as passed House and Senate (HB1252ER) pdf | impact statement
AMENDMENTS
HISTORY
- 01/10/24 House: Prefiled and ordered printed; offered 01/10/24 24103627D
- 01/10/24 House: Referred to Committee for Courts of Justice
- 01/30/24 House: Assigned Courts sub: Criminal
- 01/31/24 House: Subcommittee recommends reporting (7-Y 1-N)
- 02/02/24 House: Reported from Courts of Justice (17-Y 4-N)
- 02/06/24 House: Read first time
- 02/07/24 House: Read second time and engrossed
- 02/08/24 House: Read third time and passed House (62-Y 36-N)
- 02/08/24 House: VOTE: Passage (62-Y 36-N)
- 02/09/24 Senate: Constitutional reading dispensed
- 02/09/24 Senate: Referred to Committee for Courts of Justice
- 02/19/24 Senate: Reported from Courts of Justice with amendments (8-Y 4-N)
- 02/20/24 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/21/24 Senate: Read third time
- 02/21/24 Senate: Reading of amendments waived
- 02/21/24 Senate: Committee amendments agreed to
- 02/21/24 Senate: Engrossed by Senate as amended
- 02/21/24 Senate: Passed Senate with amendments (21-Y 19-N)
- 02/23/24 House: Senate amendments agreed to by House (53-Y 43-N)
- 02/23/24 House: VOTE: Adoption (53-Y 43-N)
- 02/28/24 House: Enrolled
- 02/28/24 House: Bill text as passed House and Senate (HB1252ER)
- 02/28/24 House: Signed by Speaker
- 03/02/24 Senate: Signed by President
- 03/11/24 House: Enrolled Bill communicated to Governor on March 11, 2024
- 03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 03/20/24 Governor: Vetoed by Governor
- 04/17/24 House: House sustained Governor's veto