Limitation on sentence upon revocation of suspension of sentence; technical violations.
Sponsored By: Jen Kiggans - to resign 12/31 (Republican)
In Committee
Summary
Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that the court shall consider all technical violations that are alleged to have occurred after a prior sentencing or revocation hearing as single technical violation and adjudicate the case as such, with punishment imposed pursuant to relevant law. The bill also prohibits the court from treating multiple technical violations during a single probationary period between such prior sentencing or revocation hearing as separate cases or adjudicate such violations at separate hearings. The bill requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall docket such case as soon as practicable, and any such case shall be given precedence on the docket. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also expands the list of technical violations and provides that it shall be a defense to an alleged violation if the defendant can show that he has substantially complied with his probation obligations.
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Bill Overview
No Economic Impacts Identified for this Bill
Sponsors & Cosponsors
Sponsor
Jen Kiggans - to resign 12/31
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Continued from last session
7/21/2026SenateSenate committee offered
3/9/2026SenateContinued to 2027 in Courts of Justice (12-Y 3-N)
3/9/2026SenateFiscal Impact Statement from Department of Planning and Budget (HB1413)
2/24/2026HouseReferred to Committee for Courts of Justice
2/18/2026SenateConstitutional reading dispensed (on 1st reading)
2/18/2026SenateRead third time and passed House (62-Y 35-N 0-A)
2/17/2026HouseEngrossed by House - committee substitute
2/16/2026Housecommittee substitute agreed to
2/16/2026HouseRead second time
2/16/2026HouseRead first time
2/15/2026HouseReported from Courts of Justice with substitute (15-Y 6-N)
2/13/2026HouseCommittee substitute printed 26107431D-H1
2/13/2026HouseHouse subcommittee offered
2/11/2026HouseSubcommittee recommends reporting with substitute (7-Y 3-N)
2/11/2026HouseAssigned HCJ sub: Criminal
2/7/2026HouseFiscal Impact Statement from Department of Planning and Budget (HB1413)
2/4/2026HouseReferred to Committee for Courts of Justice
1/22/2026HousePresented and ordered printed 26103278D
1/22/2026House
Bill Text
Amendment
3/9/2026
Substitute
2/13/2026
Substitute
2/11/2026
Introduced
1/22/2026
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