VA HB45 | 2024 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 17-0)
Status: Vetoed on March 27 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]

Summary

Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits. Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits. The bill provides that the provisions shall apply retroactively to any person who is confined in any correctional facility on July 1, 2025, and if it is determined that, upon retroactive application of the provisions, the release date of any such person passed prior to the effective date of this act, the person shall be released upon approval of an appropriate release plan and within 60 days of such determination unless otherwise mandated by court order; however, no person shall have a claim for wrongful incarceration on the basis of such retroactive application. If a person is released prior to completion of any reentry programs deemed necessary by the Department of Corrections on the person's most recent annual review or prior to completion of any programs mandated by court order, the person shall be required to complete such programs under probation, provided probation is mandated by the court and current community resources are sufficient to facilitate completion of the aforementioned programs. The bill has a delayed effective date of July 1, 2025.

Tracking Information

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Title

Earned sentence credits; incarceration prior to entry of final order of conviction.

Sponsors


Roll Calls

2024-03-08 - House - House: VOTE: Adoption (55-Y 38-N) (Y: 55 N: 38 NV: 0 Abs: 7) [PASS]
2024-03-08 - Senate - Senate: Conference report agreed to by Senate (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2024-03-07 - Senate - Senate: Senate insisted on substitute with amendments (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-07 - House - House: VOTE: Adoption (61-Y 38-N) (Y: 61 N: 38 NV: 0 Abs: 1) [PASS]
2024-03-07 - House - House: VOTE: REJECTED (0-Y 99-N) (Y: 0 N: 99 NV: 0 Abs: 1) [FAIL]
2024-03-07 - House - House: VOTE: Adoption (57-Y 42-N) (Y: 57 N: 42 NV: 0 Abs: 1) [PASS]
2024-03-06 - Senate - Senate: Passed Senate with substitute with amendments (21-Y 18-N) (Y: 21 N: 18 NV: 0 Abs: 1) [PASS]
2024-03-05 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2024-03-04 - Senate - Senate: Reported from Finance and Appropriations with amendments (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-26 - Senate - Senate: Reported from Courts of Justice with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-13 - House - House: VOTE: Passage (59-Y 39-N) (Y: 59 N: 39 NV: 0 Abs: 2) [PASS]
2024-02-07 - House - House: Reported from Appropriations (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2024-02-07 - House - House: Subcommittee recommends reporting (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-02 - House - House: Reported from Courts of Justice (15-Y 6-N) (Y: 15 N: 6 NV: 0 Abs: 1) [PASS]
2024-01-31 - House - House: Subcommittee recommends reporting (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2024-04-17HouseHouse sustained Governor's veto
2024-03-27 Governor: Vetoed by Governor
2024-03-27 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
2024-03-27HouseEnrolled Bill communicated to Governor on March 27, 2024
2024-03-26HouseSigned by Speaker
2024-03-25SenateSigned by President
2024-03-25HouseBill text as passed House and Senate (HB45ER)
2024-03-25HouseEnrolled
2024-03-08HouseVOTE: Adoption (55-Y 38-N)
2024-03-08HouseConference report agreed to by House (55-Y 38-N)
2024-03-08SenateConference report agreed to by Senate (21-Y 19-N)
2024-03-08HouseConference substitute printed 24109082D-H1
2024-03-08 Conference: Amended by conference committee
2024-03-07HouseDelegates: Seibold, Simon, Bloxom
2024-03-07HouseConferees appointed by House
2024-03-07SenateSenators: Aird, Carroll Foy, Stanley
2024-03-07SenateConferees appointed by Senate
2024-03-07HouseHouse acceded to request
2024-03-07SenateSenate requested conference committee
2024-03-07SenateSenate insisted on substitute with amendments (40-Y 0-N)
2024-03-07HouseVOTE: Adoption (61-Y 38-N)
2024-03-07HouseSenate amendments #2 and #3 agreed to by House (61-Y 38-N)
2024-03-07HouseVOTE: REJECTED (0-Y 99-N)
2024-03-07HouseSenate amendment #1 rejected by House (0-Y 99-N)
2024-03-07HouseVOTE: Adoption (57-Y 42-N)
2024-03-07HouseSenate substitute agreed to by House 24108323D-S1 (57-Y 42-N)
2024-03-06SenatePassed Senate with substitute with amendments (21-Y 18-N)
2024-03-06SenateEngrossed by Senate - committee substitute with amendments HB45S1
2024-03-06SenateCommittee amendments agreed to
2024-03-06SenateReading of amendments waived
2024-03-06SenateCommittee substitute agreed to 24108323D-S1
2024-03-06SenateReading of substitute waived
2024-03-06SenateRead third time
2024-03-05SenateConstitutional reading dispensed (39-Y 0-N)
2024-03-04SenateReported from Finance and Appropriations with amendments (10-Y 5-N)
2024-02-26SenateRereferred to Finance and Appropriations
2024-02-26SenateCommittee substitute printed 24108323D-S1
2024-02-26SenateReported from Courts of Justice with substitute (10-Y 5-N)
2024-02-14SenateReferred to Committee for Courts of Justice
2024-02-14SenateConstitutional reading dispensed
2024-02-13HouseVOTE: Passage (59-Y 39-N)
2024-02-13HouseRead third time and passed House (59-Y 39-N)
2024-02-12HouseRead second time and engrossed
2024-02-09HouseRead first time
2024-02-07HouseReported from Appropriations (13-Y 9-N)
2024-02-07HouseSubcommittee recommends reporting (5-Y 3-N)
2024-02-05HouseAssigned App. sub: Transportation & Public Safety
2024-02-02HouseReferred to Committee on Appropriations
2024-02-02HouseReported from Courts of Justice (15-Y 6-N)
2024-01-31HouseSubcommittee recommends referring to Committee on Appropriations
2024-01-31HouseSubcommittee recommends reporting (7-Y 1-N)
2024-01-30HouseAssigned Courts sub: Criminal
2023-12-21HouseReferred to Committee for Courts of Justice
2023-12-21HousePrefiled and ordered printed; offered 01/10/24 24101920D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
531202.2(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB45
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB45+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB45S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB45H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB45ER+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/24108073D.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+amd+HB45AS
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+amd+HB45ASE
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+amd+HB45AC
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+amd+HB45AG
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB45F122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB45FS1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+HB45FH1122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H0801V0073+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H08V0105+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H0207V0022+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H02V0117+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+HV0734+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S13V0279+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S05V0565+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV1006HB0045+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV1058HB0045+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+HV1624+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+HV1625+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+HV1626+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV1119HB0045+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV1175HB0045+HB0045
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+HV1695+HB0045

Bill Comments

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