Fabio
107 lines
8.7 KiB
Markdown
107 lines
8.7 KiB
Markdown
---
|
||
type: "Bill"
|
||
title: "Wrongful incarceration; compensation."
|
||
description: "Wrongful incarceration; compensation. Provides that any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive, in addition to the compensation for wrongful incarceration specified under current law, not less than $30,000 for each year or fraction thereof (i) of imprisonment after being sentenced to death, (ii) served on parole or postrelease supervision, or (iii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry. The bill further requires that the amount paid to the person wrongfully incarcerated shall be in the form of a lump sum; under current law, only the initial 25 percent of an award is required to be paid in lump sum form.The bill further removes (a) the requirement that a wrongfully incarcerated person who is compensated is required to execute a release and waiver releasing the Commonwealth or political subdivision thereof from any present or future claims the person receiving compensation may have against such entity and arising out of the factual situation in connection with the conviction for which compensation is being sought and (b) the bar against receiving compensation if such wrongfully incarcerated person received any funds pursuant to a settlement agreement with any person or entity for compensation or damages arising out of the factual situation in connection with the conviction. The bill replaces such requirement with a provision allowing for the wrongful incarceration compensation award to be offset by any such award in a civil action or settlement."
|
||
jurisdiction: "us/states/va"
|
||
legislature: "Virginia General Assembly"
|
||
session: "2024"
|
||
identifier: "HB 640"
|
||
citation: "Virginia HB 640 (2024)"
|
||
classification: ["bill"]
|
||
subjects: []
|
||
status: "enacted"
|
||
primary_sponsors: ["Richard C. \"Rip\" Sullivan, Jr."]
|
||
version_count: 5
|
||
action_count: 38
|
||
vote_count: 9
|
||
first_action: "2024-01-09"
|
||
last_action: "2024-04-04"
|
||
source: "openstates"
|
||
source_identifier: "ocd-bill/d4ec30b5-a249-4a2c-8163-4b6f69207633"
|
||
source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+HB640"
|
||
source_hash: "1d01a2802a104dc0508a15d8a14ac87379abb3dca2b9fb3503590b59ae94c35a"
|
||
vintage: "2026-07-01"
|
||
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
|
||
retrieved_at: "2026-07-06"
|
||
confidence: "reported"
|
||
tags: ["legislation", "bill", "us-va"]
|
||
---
|
||
|
||
# Virginia HB 640 (2024) — Wrongful incarceration; compensation.
|
||
|
||
Wrongful incarceration; compensation. Provides that any person who is convicted of a felony by a county or city circuit court of the Commonwealth and is wrongfully incarcerated for such felony shall receive, in addition to the compensation for wrongful incarceration specified under current law, not less than $30,000 for each year or fraction thereof (i) of imprisonment after being sentenced to death, (ii) served on parole or postrelease supervision, or (iii) that such person was required to register with the Sex Offender and Crimes Against Minors Registry. The bill further requires that the amount paid to the person wrongfully incarcerated shall be in the form of a lump sum; under current law, only the initial 25 percent of an award is required to be paid in lump sum form.The bill further removes (a) the requirement that a wrongfully incarcerated person who is compensated is required to execute a release and waiver releasing the Commonwealth or political subdivision thereof from any present or future claims the person receiving compensation may have against such entity and arising out of the factual situation in connection with the conviction for which compensation is being sought and (b) the bar against receiving compensation if such wrongfully incarcerated person received any funds pursuant to a settlement agreement with any person or entity for compensation or damages arising out of the factual situation in connection with the conviction. The bill replaces such requirement with a provision allowing for the wrongful incarceration compensation award to be offset by any such award in a civil action or settlement.
|
||
|
||
## Version chain
|
||
|
||
The bill's text revisions, in order — the diff chain from filing to enrollment.
|
||
|
||
1. **CHAP0396** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0396)
|
||
2. **Committee substitute printed 24105718D-H1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB640H1)
|
||
3. **Committee substitute printed 24106444D-H2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB640H2)
|
||
4. **HB640ER** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB640ER)
|
||
5. **Prefiled and ordered printed; offered 01/10/24 24104713D** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+HB640)
|
||
|
||
## Votes
|
||
|
||
- Reported from Finance and Appropriations (15-Y 0-N) — **15–0** (pass) · upper
|
||
- Subcommittee recommends reporting with substitute (7-Y 0-N) — **7–0** (pass) · lower
|
||
- Reported from Appropriations with substitute (22-Y 0-N) — **22–0** (pass) · lower
|
||
- Passed Senate (40-Y 0-N) — **40–0** (pass) · upper
|
||
- Reported from Courts of Justice (14-Y 0-N) — **14–0** (pass) · upper
|
||
- Constitutional reading dispensed (39-Y 0-N) — **39–0** (pass) · upper
|
||
- Subcommittee recommends reporting with substitute (7-Y 0-N) — **7–0** (pass) · lower
|
||
- VOTE: Block Vote Passage (99-Y 0-N) — **98–0** (pass) · lower
|
||
- Reported from Courts of Justice with substitute (21-Y 0-N) — **21–0** (pass) · lower
|
||
|
||
## Sponsors
|
||
|
||
- Richard C. "Rip" Sullivan, Jr. — primary (person)
|
||
|
||
## Timeline
|
||
|
||
The legislative action history — every referral, reading, and vote.
|
||
|
||
- **2024-01-09** Prefiled and ordered printed; offered 01/10/24 24104713D `filing, introduction`
|
||
- **2024-01-09** Referred to Committee for Courts of Justice `referral-committee`
|
||
- **2024-01-18** Assigned Courts sub: Civil `referral-committee`
|
||
- **2024-01-19** House subcommittee amendments and substitutes offered
|
||
- **2024-01-19** Subcommittee recommends reporting with substitute (7-Y 0-N) `substitution`
|
||
- **2024-01-26** Committee substitute printed 24105718D-H1 `substitution`
|
||
- **2024-01-26** Assigned App. sub: General Government and Capital Outlay `referral-committee`
|
||
- **2024-01-26** Reported from Courts of Justice with substitute (21-Y 0-N) `committee-passage`
|
||
- **2024-01-26** Referred to Committee on Appropriations `referral-committee`
|
||
- **2024-01-29** Impact statement from DPB (HB640H1)
|
||
- **2024-01-29** Subcommittee recommends reporting with substitute (7-Y 0-N) `substitution`
|
||
- **2024-01-31** Committee substitute printed 24106444D-H2 `substitution`
|
||
- **2024-01-31** Reported from Appropriations with substitute (22-Y 0-N) `committee-passage`
|
||
- **2024-02-02** Impact statement from DPB (HB640H2)
|
||
- **2024-02-02** Read first time `reading-1`
|
||
- **2024-02-05** Read second time `reading-2`
|
||
- **2024-02-05** Committee substitute from the Courts of Justice rejected 24105718D-H1
|
||
- **2024-02-05** Committee substitute from Appropriations agreed to 24106444D-H2 `substitution`
|
||
- **2024-02-05** Engrossed by House - committee substitute HB640H2 `substitution`
|
||
- **2024-02-06** Read third time and passed House BLOCK VOTE (99-Y 0-N) `passage, reading-3`
|
||
- **2024-02-06** VOTE: Block Vote Passage (99-Y 0-N) `passage`
|
||
- **2024-02-07** Constitutional reading dispensed
|
||
- **2024-02-07** Referred to Committee for Courts of Justice `referral-committee`
|
||
- **2024-02-19** Reported from Courts of Justice (14-Y 0-N) `committee-passage`
|
||
- **2024-02-19** Rereferred to Finance and Appropriations `referral-committee`
|
||
- **2024-02-28** Reported from Finance and Appropriations (15-Y 0-N) `committee-passage`
|
||
- **2024-02-29** Constitutional reading dispensed (39-Y 0-N)
|
||
- **2024-03-01** Read third time `reading-3`
|
||
- **2024-03-01** Passed Senate (40-Y 0-N) `passage`
|
||
- **2024-03-07** Enrolled `enrolled`
|
||
- **2024-03-07** Bill text as passed House and Senate (HB640ER) `passage`
|
||
- **2024-03-07** Impact statement from DPB (HB640ER)
|
||
- **2024-03-07** Signed by Speaker `passage`
|
||
- **2024-03-08** Signed by President `passage`
|
||
- **2024-03-11** Enrolled Bill communicated to Governor on March 11, 2024 `enrolled, executive-receipt`
|
||
- **2024-03-11** Governor's Action Deadline 11:59 p.m., April 8, 2024 `executive-receipt`
|
||
- **2024-04-04** Approved by Governor-Chapter 396 (effective 7/1/24) `executive-signature`
|
||
- **2024-04-04** Acts of Assembly Chapter text (CHAP0396)
|
||
|
||
## Source
|
||
|
||
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/d4ec30b5-a249-4a2c-8163-4b6f69207633`. Confidence: reported (aggregated from official Virginia legislature records).
|
||
|