Parole; exception to limitation on the application of parole statutes. (HB33)

Introduced By

Del. Joe Lindsey (D-Norfolk) with support from co-patrons Del. Kaye Kory (D-Falls Church), and Del. Ibraheem Samirah (D-Herndon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Parole; exception to limitation on the application of parole statutes. Provides that a person is eligible to be considered for parole if (i) such person 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 felony committed on or after the abolition of parole going into effect (on January 1, 1995); (ii) the person remained incarcerated for the offense on July 1, 2020; and (iii) the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit such act; or (c) carnal knowledge. The bill also requires the Parole Board to establish procedures for consideration of parole of persons entitled to it and also provides that any person who is eligible for parole as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause. This bill is identical to SB 793.


Bill Has Passed


11/19/2019Prefiled and ordered printed; offered 01/08/20 20100800D
11/19/2019Referred to Committee on Public Safety
01/16/2020Impact statement from DPB (HB33)
01/17/2020House committee, floor amendments and substitutes offered
01/17/2020Reported from Public Safety with substitute (13-Y 9-N) (see vote tally)
01/17/2020Committee substitute printed 20105311D-H1
01/21/2020Read first time
01/22/2020House committee, floor amendments and substitutes offered
01/22/2020Passed by for the day
01/23/2020Read second time
01/23/2020Committee substitute agreed to 20105311D-H1
01/23/2020Amendments by Delegate Lindsey agreed to
01/23/2020Delegate Bell's amendments out of order due to adoption of Delegate Lindsey's amendments
01/23/2020Motion to pass by amendment #2 by Delegate Bell agreed to (54-Y 45-N)
01/23/2020Motion to pass by amendment #3 by Delegate Bell agreed to (54-Y 45-N)
01/23/2020VOTE: Pass By (54-Y 45-N) (see vote tally)
01/23/2020Engrossed by House - committee substitute with amendments (55-Y 45-N) HB33EH1
01/23/2020VOTE: Engrossment (55-Y 45-N) (see vote tally)
01/23/2020Printed as engrossed 20105311D-EH1
01/24/2020Read third time and passed House (52-Y 45-N)
01/24/2020VOTE: Passage (52-Y 45-N) (see vote tally)
01/27/2020Constitutional reading dispensed
01/27/2020Referred to Committee on Rehabilitation and Social Services
02/07/2020Rereferred from Rehabilitation and Social Services (11-Y 0-N) (see vote tally)
02/07/2020Rereferred to Judiciary
02/09/2020Impact statement from DPB (HB33EH1)
02/12/2020Reported from Judiciary with substitute (15-Y 0-N) (see vote tally)
02/12/2020Committee substitute printed 20108206D-S1
02/13/2020Impact statement from DPB (HB33S1)
02/14/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/17/2020Read third time
02/17/2020Reading of substitute waived
02/17/2020Committee substitute agreed to 20108206D-S1
02/17/2020Engrossed by Senate - committee substitute HB33S1
02/17/2020Passed Senate with substitute (36-Y 4-N) (see vote tally)
02/19/2020VOTE: Adoption (0-Y 100-N) (see vote tally)
02/19/2020Placed on Calendar
02/19/2020Senate substitute rejected by House 20108206D-S1 (0-Y 100-N)
02/19/2020VOTE: REJECTED (0-Y 100-N) (see vote tally)
02/21/2020Passed by for the day
02/24/2020Senate insisted on substitute (39-Y 0-N) (see vote tally)
02/24/2020Senate requested conference committee
02/25/2020House acceded to request
02/26/2020Conferees appointed by House
02/26/2020Delegates: Lindsey, Hope, Wright
02/27/2020Conferees appointed by Senate
02/27/2020Senators: McClellan, Stuart, Surovell
03/04/2020C Amended by conference committee
03/04/2020Passed by for the day
03/05/2020Conference substitute printed 20109642D-H2
03/05/2020Conference report agreed to by House (53-Y 45-N)
03/05/2020VOTE: Adoption (53-Y 45-N) (see vote tally)
03/06/2020Impact statement from DPB (HB33H2)
03/07/2020Conference report agreed to by Senate (25-Y 14-N) (see vote tally)
03/18/2020Bill text as passed House and Senate (HB33ER)
03/18/2020Signed by President
03/19/2020Signed by Speaker
03/20/2020Impact statement from DPB (HB33ER)
03/20/2020Enrolled Bill communicated to Governor on March 20, 2020
03/20/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/11/2020Governor's recommendation received by House
04/22/2020Placed on Calendar
04/22/2020House concurred in Governor's recommendation (50-Y 44-N)
04/22/2020Senate concurred in Governor's recommendation (22-Y 18-N) (see vote tally)
04/22/2020G Governor's recommendation adopted
04/22/2020Reenrolled bill text (HB33ER2)
04/22/2020Signed by Speaker as reenrolled
04/22/2020Signed by President as reenrolled
04/22/2020Enacted, Chapter 1200 (effective 4/22/20)
04/22/2020VOTE: (50-Y 44-N)
04/22/2020G Acts of Assembly Chapter text (CHAP1200)
05/01/2020VOTE: (50-Y 44-N)


Phyllis Ward writes:

Would like to hear from someone about the bill on Fishback

Phyllis Ward writes:

About the Fishback issue

P Jackson writes:

This bill needs to be passed! It's not like everyone is going to get out on parole. They will just be given a chance to go up for parole due to the injustice in their sentencing. People need to realize it's just correcting a wrong. Were they convicted by a jury... yes, are they serving time, yes...was sentencing fair....NO! Also, just because they were convicted doesn't mean all of them are guilty. I know someone that has been sitting in prison for OVER 22yrs for something they DID NOT DO and this is their ONLY hope. Did some make mistakes...YES....but majority of the Fishback inmates have been in prison for more than 20yrs. We have got to believe that some of these inmates are rehabilitated, truly sorry for whatever occurred & ready to return to society to be a productive citizen. Imagine if it was your son, daughter that made a mistake no matter how bad it was...Would you not want them to at least have a chance at parole? We don't know everyone's whole story or circumstances! Those that prove themselves to be rehabilitated should have a chance and the parole board will make that decision. I support this bill 100% & hope that it passes. #fixfishback

Kim Collins writes:

This bill needs to be passed immediately! The jurors were not not given all the information which resulted in some jurors admitting to if they had known there was no parole at the time the sentencing would have been looked at differently.

Patricia Fitzgerald writes:

This bill should be made law to correct the injustice that was done 1995-2000,when the jury was not informed about parole being abolished.This bill should be made law so that many of the true rehabilitated offenders can be released from prison and given another chance. I know that some of these inmates have held down jobs (every since being incarcerated),participated in all the programs and they're taking college courses. They did all this not knowing that a chance like this would ever exist. Now that it has,let them use their skills and education to do good things.

Phyllis Ward writes:

About the bill that was sign by the Governor about the release of the bill and the 300 inmate for the Fish back please give me a message or call back Thanks so very much Phyllis Ward