Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020        

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.

Date Version PDF TXT
01/07/2020 House: Prefiled and ordered printed; offered 01/08/20 20103367D Open

            

2020 SESSION

    20103367D
    HOUSE BILL NO. 996
    Offered January 8, 2020
    Prefiled January 7, 2020
    A BILL to amend and reenact � 53.1-165.1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes.
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    Patron-- Lindsey
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    Referred to Committee for Courts of Justice
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    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.

    Picture Name From Date Type
    Joseph C. Lindsey D-Richmond Sponsor
    Date Branch Action
    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
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    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
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Supreme Court


    Virginia
    1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes

    Parole
    The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B consistent with the provisions of � 53


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type