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2024 SESSION
SB 334 Plea agreements and court orders; prohibited provisions.
Introduced by: Saddam Azlan Salim | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Plea agreements; prohibited provisions. Prohibits plea agreements and court orders executed or entered on or after July 1, 2024, from containing any provision that purports to waive, release, or extinguish a defendant's (i) rights under the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Constitution of Virginia; (ii) right to file a petition requesting expungement of the police records and the court records; or (iii) right to have criminal history record information and court records sealed. The bill provides that any such prohibited provision of a plea agreement or court order is void and unenforceable as against public policy.
The bill provides that such prohibition does not apply to any plea agreements, written agreements, or court orders entered into by a defendant and the Commonwealth (a) as a condition for participation in a specialty docket or (b) in a case involving a sexual offense where the victim is under 18 years of age.
The bill further provides that any waiver, release, or extinguishment of rights under the Fourth Amendment permissible by law shall be no longer than the period of supervised probation or post-release supervision imposed against the defendant; if the defendant is not placed on supervised probation or post-release supervision, it shall be no longer than the period of suspension of sentence or post-release incarceration imposed against such defendant.
FULL TEXT
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24103710D pdf
- 02/12/24 Senate: Committee substitute printed 24107679D-S1 pdf
- 02/23/24 House: Committee substitute printed 24108134D-H1 pdf
- 03/06/24 Senate: Bill text as passed Senate and House (SB334ER) pdf
AMENDMENTS
- House subcommittee amendments and substitutes adopted
- Senate committee, floor amendments and substitutes offered
- Governor's veto explanation
HISTORY
- 01/09/24 Senate: Prefiled and ordered printed; offered 01/10/24 24103710D
- 01/09/24 Senate: Referred to Committee for Courts of Justice
- 01/10/24 Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
- 02/12/24 Senate: Reported from Courts of Justice with substitute (6-Y 4-N)
- 02/12/24 Senate: Committee substitute printed 24107679D-S1
- 02/13/24 Senate: Read second time
- 02/13/24 Senate: Reading of substitute waived
- 02/13/24 Senate: Committee substitute agreed to 24107679D-S1
- 02/13/24 Senate: Engrossed by Senate - committee substitute SB334S1
- 02/13/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/13/24 Senate: Passed Senate (21-Y 19-N)
- 02/13/24 Senate: Constitutional reading dispensed (40-Y 0-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 with substitute (5-Y 3-N)
- 02/23/24 House: Reported from Courts of Justice with substitute (11-Y 10-N)
- 02/23/24 House: Committee substitute printed 24108134D-H1
- 02/27/24 House: Read second time
- 02/28/24 House: Read third time
- 02/28/24 House: Committee substitute agreed to 24108134D-H1
- 02/28/24 House: Engrossed by House - committee substitute SB334H1
- 02/28/24 House: Passed House with substitute (51-Y 49-N)
- 02/28/24 House: VOTE: Passage (51-Y 49-N)
- 03/01/24 Senate: House substitute agreed to by Senate (21-Y 19-N)
- 03/01/24 Senate: Title replaced 24108134D-H1
- 03/06/24 Senate: Enrolled
- 03/06/24 Senate: Bill text as passed Senate and House (SB334ER)
- 03/06/24 House: Signed by Speaker
- 03/07/24 Senate: Signed by President
- 03/11/24 Senate: 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 Senate: Passed by for the day