SB 793

            
2020 SESSION


20107401D

SENATE BILL NO. 793

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on the Judiciary

on February 3, 2020)

(Patrons Prior to Substitute--Senators McClellan and Morrissey
[SB 821])

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.

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, 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.

D. Any person who meets eligibility criteria for parole
under subsection B and pursuant to � 53.1-151 as of July 1, 2020, shall be
scheduled for a parole interview no later than July 1, 2021, allowing for
extension of time for reasonable cause.