Virginia Senate Bill 939 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Engrossed on February 6 2023 - 50% progression, died in committee
Action: 2023-02-22 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may be the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is an error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2023.

Discretionary sentencing guidelines; written explanation, appeal.

Sen. John Edwards [D]

2023-02-13 - House - House: Subcommittee recommends passing by indefinitely (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2023-02-07 - Senate - Senate: Read third time and passed Senate (22-Y 18-N) (Y: 22 N: 18 NV: 0 Abs: 0) [PASS]
2023-02-03 - Senate - Senate: Constitutional reading dispensed (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 2) [PASS]
2023-02-01 - Senate - Senate: Reported from Judiciary (9-Y 4-N) (Y: 9 N: 4 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2023-02-22	House	Left in Courts of Justice
2023-02-13	House	Subcommittee recommends passing by indefinitely (5-Y 3-N)
2023-02-11	House	Assigned Courts sub: Subcommittee #1
2023-02-09	House	Referred to Committee for Courts of Justice
2023-02-09	House	Read first time
2023-02-09	House	Placed on Calendar
2023-02-07	Senate	Read third time and passed Senate (22-Y 18-N)
2023-02-06	Senate	Read second time and engrossed
2023-02-03	Senate	Constitutional reading dispensed (38-Y 0-N)
2023-02-01	Senate	Reported from Judiciary (9-Y 4-N)
2023-01-06	Senate	Referred to Committee on the Judiciary
2023-01-06	Senate	Prefiled and ordered printed; offered 01/11/23 23101368D

Chapter	Article	Section	Citation Type	Statute Text
19	2	298.01	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB939
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB939+hil
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+SB939F122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S03V0115+SB0939
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0241SB0939+SB0939
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0308SB0939+SB0939
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0801V0213+SB0939