VirginiaHB22202025 Regular SessionHouse

Parole; exception to limitation on the application of parole statutes.

Sponsored By: Delores L. McQuinn (Democratic)

Failed

Summary

Parole; exception to limitation on the application of parole statutes. Provides that a person is eligible to be considered for parole if such person (i) was sentenced by a jury after the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (2000), in which the Supreme Court held that a jury should be instructed on the fact that parole has been abolished, for a felony committed on or after the abolition of parole going into effect on January 1, 1995; (ii) can prove by the preponderance of the evidence that the jury in his case was not instructed on the fact that parole has been abolished; and (iii) remained incarcerated for the offense on July 1, 2025, and the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit any such act; or (c) carnal knowledge. The bill also requires the Parole Board to establish procedures for consideration of parole of persons entitled to it and also provides that any person who is eligible for parole as of July 1, 2025, shall be scheduled for a parole interview no later than July 1, 2026, allowing for extension of time for reasonable cause.

Courts of Justice

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Bill Overview

No Economic Impacts Identified for this Bill

Sponsors & Cosponsors

Sponsor

  • Delores L. McQuinn

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 8 • No: 0

House vote • 1/24/2025

Subcommittee recommends striking from the docket

Yes: 8 • No: 0 • Other: 1

Actions Timeline

  1. Left in Courts of Justice

    2/4/2025House
  2. Subcommittee recommends striking from the docket (8-Y 0-N)

    1/24/2025House
  3. Assigned Courts sub: Criminal

    1/18/2025House
  4. Referred to Committee for Courts of Justice

    1/7/2025House
  5. Prefiled and ordered printed; Offered 01-08-2025 25102291D

    1/7/2025House

Bill Text

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