SENTENCING BILLS 2025

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SB 427 Petition for modification of a sentence; eligibility, procedures {Second Look]
Introduced by: R. Creigh Deeds [D]
Petition for modification of a sentence; eligibility; procedures. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill does not allow an individual convicted of a Class 1 felony to petition for modification of his sentence. The bill requires the attorney for the Commonwealth and the victim to agree to hearing the petition in order for a court to conduct the hearing.

View the bill here.

02/23/24  House: Reported from Courts of Justice (12-Y 9-N)

02/23/24  House: Referred to Committee on Appropriations

02/28/24  House: Continued to 2025 in Appropriations by voice vote​

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​SB746 Felony homicide; certain drug offenses, penalty.
Introduced by: Ryan T. McDougle (Chief Patron) [R]
View the bill here.​​
Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. The bill also provides that if a person gave or distributed a Schedule I or II controlled substance only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility, or state correctional facility, or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he is guilty of a Class 5 felony.
11/18/2024    Senate    Prefiled and ordered printed; Offered 01-08-2025 25100401D​​

11/18/2024    Senate    Referred to Committee on the Courts of Justice

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HB1556 Crim. sex. assault & commercial sex trafficking committed against children; authority of Attor. Gen.

Introduced by: Wren M. Williams (Chief Patron) [R]

View the bill here.
Authority of Attorney General; criminal cases; criminal sexual assault and commercial sex trafficking committed against children. Authorizes the Attorney General to institute or conduct criminal prosecutions in cases involving a violation of criminal sexual assault or commercial sex trafficking when such crimes are committed against children.

11/20/2024  Prefiled and ordered printed; Offered 01-08-2025 25100226D

​11/20/2024 HouseCommittee Referral Pending

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