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Virginia State Capitol

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Lawmakers will have their say at the Virginia General Assembly if you don’t participate. Lawmakers in the Senate will deliberate on SB223, New Sentencing Hearing: Abolition of Parole. If you support or oppose this bill call, email or text your senator here.

Full Text of SB223 is courtesy of RichmondSunlight.Com

New sentencing hearing; abolition of parole. Provides that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed prior to the time that the abolition of parole went into effect (January 1, 1995) is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that such person shall file a petition for a new sentencing proceeding with the Court of Appeals, which shall direct the circuit court in which the order of conviction was originally entered to empanel a new jury for the purposes of conducting the new sentencing proceeding and notify the appropriate attorney for the Commonwealth. The bill also provides that if the attorney for the Commonwealth and the person filing the petition agree, such person may waive his right to a new sentencing proceeding and allow the court to fix punishment.

G-A: New Hearing Sentencing and Abolition of Parole Bill To Be Heard  was originally published on kissrichmond.com