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2024 SESSION
SB 427 Petition for modification of a sentence; eligibility, procedures.
Introduced by: R. Creigh Deeds | all patrons ... notes | add to my profiles
SUMMARY AS PASSED SENATE: (all summaries)
Petition for modification of a sentence; eligibility; procedures. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill does not allow an individual convicted of a Class 1 felony to petition for modification of his sentence. The bill requires the attorney for the Commonwealth and the victim to agree to hearing the petition in order for a court to conduct the hearing.
FULL TEXT
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24101323D pdf | impact statement
- 02/05/24 Senate: Committee substitute printed 24107032D-S1 pdf
- 02/12/24 Senate: Floor substitute printed 24107608D-S2 (Deeds) pdf
- 02/13/24 Senate: Floor substitute printed 24107685D-S3 (Deeds) pdf | impact statement
AMENDMENTS
HISTORY
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24101323D
- 01/09/24 Senate: Referred to Committee for Courts of Justice
- 02/05/24 Senate: Reported from Courts of Justice with substitute (9-Y 6-N)
- 02/05/24 Senate: Committee substitute printed 24107032D-S1
- 02/05/24 Senate: Rereferred to Finance and Appropriations
- 02/07/24 Senate: Reported from Finance and Appropriations (9-Y 5-N 1-A)
- 02/08/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/09/24 Senate: Passed by for the day
- 02/09/24 Senate: Read second time
- 02/09/24 Senate: Passed by for the day
- 02/12/24 Senate: Floor substitute printed 24107608D-S2 (Deeds)
- 02/12/24 Senate: Passed by for the day
- 02/13/24 Senate: Floor substitute printed 24107685D-S3 (Deeds)
- 02/13/24 Senate: Read second time
- 02/13/24 Senate: Committee substitute rejected 24107032D-S1
- 02/13/24 Senate: Substitute by Senator Deeds withdrawn 24107608D-S2
- 02/13/24 Senate: Substitute by Senator Deeds agreed to 24107685D-S3
- 02/13/24 Senate: Engrossed by Senate - floor substitute SB427S3
- 02/13/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/13/24 Senate: Passed Senate (21-Y 19-N)
- 02/16/24 House: Placed on Calendar
- 02/16/24 House: Read first time
- 02/16/24 House: Referred to Committee for Courts of Justice
- 02/20/24 House: Assigned Courts sub: Criminal
- 02/21/24 House: Subcommittee recommends reporting (6-Y 2-N)
- 02/21/24 House: Subcommittee recommends referring to Committee on Appropriations
- 02/23/24 House: Reported from Courts of Justice (12-Y 9-N)
- 02/23/24 House: Referred to Committee on Appropriations
- 02/28/24 House: Continued to 2025 in Appropriations by voice vote