|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Parole; exception to limitation on the application of parole statutes.
Provides that an incarcerated person is eligible for parole if (i) such person was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed on or after the abolition of parole went into effect (on January 1, 1995) and (ii) the jury was not instructed on the abolition of parole in the Commonwealth.
|01/07/2020||House: Prefiled and ordered printed; offered 01/08/20 20103367D||Open|
Be it enacted by the General Assembly of Virginia:
1. That � 53.1-165.1 of the Code of Virginia is amended and reenacted as follows:
� 53.1-165.1. Limitation on the application of parole statutes.
A. The provisions of this article, except �� 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.
B. The provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for a noncapital felony offense committed on or after January 1, 1995, where the jury was not instructed on the abolition of parole in the Commonwealth, and who remained incarcerated for such offense on July 1, 2020.
C. The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B consistent with the provisions of � 53.1-154 allowing for extension of time for reasonable cause.
|01/07/2020||House||House: Prefiled and ordered printed; offered 01/08/20 20103367D|
|01/07/2020||House||House: Referred to Committee for Courts of Justice|