Fixing period of suspension of sentence (§ 19.2-303.1)—Virginia Decoded

Fixing period of suspension of sentence

In any case where a court suspends the imposition or execution of a sentence, it may fix the period of suspension for a reasonable time, having due regard to the gravity of the offense, without regard to the maximum period for which the defendant might have been sentenced.

History

1982, c. 636.

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Court Decisions

Simmers v. Com. (COA, 12/04/90)
. . . to which he might have been sentenced. Code § 19.2-303.1[1] specifically provides for the . . .

Wright v. Com. (COA, 04/04/00)
. . . defendant might have been sentenced." Code § 19.2-303.1. . . .

Briggs v. Com. (COA, 12/12/95)
. . . the trial court's authority under Code § 19.2-303.1 to fix a period of suspension for a . . .

Carbaugh v. Com. (COA, 10/11/94)
. . . suspension for a reasonable time." Code § 19.2-303.1. Furthermore, under Virginia law once a . . .

Patterson v. Com. (COA, 01/28/03)
. . . change, rejected Patterson's argument. . . .

Robert Batten Dunham, Jr. v. Commonwealth of Virginia (COA, 02/21/12)
. . . conditions as the court shall determine.” Code § 19.2-303.1 authorizes a trial court to “fix . . .

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Amendment Attempts

HB2038: Probation, revocation, and suspension of sentence; limitations on sentence, technical violation.

HB1073: Probation, revocation, and suspension of sentence; penalty. (failed)

HB1242: Probation violations; periods of probation and suspension, technical violations. (failed)

HB758: Probation, revocation, and suspension of sentence; penalty. (failed)

HB2013: Probation, revocation, and suspension of sentence; penalty. (failed)

HB1427: Fixing period of suspension of sentence; sexual abuse of a child under 15 years of age. (passed)

HB400: Active incarceration; probation, revocation, and suspension of sentence. (failed)