Don Scott
- Democratic
- Delegate
- District 88
Primary
Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a courtcan impose as a result of a revocation hearing for a probation violation.The bill provides that a court may not impose a sentence of incarcerationfor a first technical violation and may impose no more than (i) 14days for a second violation or (ii) 30 days for a third or subsequentviolation. Additionally, for a third or subsequent technical violation,a court may impose any sentencing alternatives that were availableat the time of initial sentencing. The bill also provides that acourt may place a defendant on probation for a period of not morethan the maximum period for which the defendant may have been sentenced,or not more than five years, whichever is less. The bill also providesthat a court must measure any period of suspension of sentence fromthe date of entry of the original judgment order.
Placed on Calendar
Enacted, Chapter 538 (effective 7/1/21)
Signed by President as reenrolled
Signed by Speaker as reenrolled
Reenrolled bill text (HB2038ER2)
Reenrolled
Governor's recommendation adopted
Senate concurred in Governor's recommendation (22-Y 18-N)
VOTE: Adoption (57-Y 42-N)
House concurred in Governor's recommendation (57-Y 42-N)
Governor's recommendation received by House
Enrolled Bill communicated to Governor on March 1, 2021
Governor's Action Deadline 11:59 p.m., March 31, 2021
Signed by Speaker
Impact statement from DPB (HB2038ER)
Signed by President
Enrolled
Senate substitute agreed to by House 21200410D-S1 (57-Y 39-N)
VOTE: Adoption (57-Y 39-N)
Placed on Calendar
Read third time
Reading of substitute waived
Committee substitute agreed to 21200410D-S1
Engrossed by Senate - committee substitute HB2038S1
Passed Senate with substitute (23-Y 16-N)
Impact statement from DPB (HB2038S1)
Constitutional reading dispensed (32-Y 0-N)
Committee substitute printed 21200410D-S1
Reported from Judiciary with substitute (9-Y 6-N)
Assigned Judiciary sub: Criminal Law
Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
Impact statement from DPB (HB2038H2)
Referred to Committee on the Judiciary
Constitutional reading dispensed
VOTE: Passage (57-Y 43-N)
Read third time and passed House (57-Y 43-N)
Committee substitute rejected 21103781D-H1
Engrossed by House - floor substitute HB2038H2
Substitute by Delegate Scott agreed to 21104033D-H2
Read second time
Floor substitute printed 21104033D-H2 (Scott)
Read first time
House committee, floor amendments and substitutes offered
Reported from Courts of Justice with substitute (11-Y 10-N)
Committee substitute printed 21103781D-H1
Impact statement from DPB (HB2038)
Subcommittee recommends reporting with substitute (6-Y 2-N)
House subcommittee amendments and substitutes offered
Subcommittee recommends reporting with substitute (6-Y 2-N)
Assigned Courts sub: Criminal
Prefiled and ordered printed; offered 01/13/21 21102555D
Referred to Committee for Courts of Justice
| Bill Text Versions | Format |
|---|---|
| Committee substitute printed 21103781D-H1 | HTML |
| HB2038H2 | HTML |
| Committee substitute printed 21200410D-S1 | HTML |
| HB2038ER | HTML |
| HB2038ER2 | HTML |
| CHAP0538 | HTML |
| Document | Format |
|---|---|
| Fiscal Impact Statement: HB2038FH2122.PDF | |
| Fiscal Impact Statement: HB2038F122.PDF | |
| Amendment: HB2038AG. | HTML |
| Amendment: HB2038AG | HTML |
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