Virginia 2022 Regular Session

Virginia Senate Bill SB623

Introduced

1/14/22

Refer

1/14/22

Report Pass

1/31/22

Engrossed

2/2/22

Refer

2/23/22

Caption

Governor; authority to grant relief from fines and penalties.

Impact

The enactment of SB623 could significantly impact the criminal justice system in Virginia by granting the Governor greater authority to influence penalties, potentially leading to more equitable outcomes for individuals facing severe penalties. Proponents of the bill argue that it could aid in addressing over-penalization in the justice system and provide relief for those who have demonstrated rehabilitation or are in specific hardship situations. This change could also streamline processes surrounding penal remittance, making it easier for those eligible to receive financial relief.

Summary

SB623 seeks to amend the Code of Virginia regarding the authority of the Governor to remit fines and penalties. Specifically, the bill provides the Governor with discretionary power to reduce or eliminate fines and penalties imposed for certain felonies or misdemeanors after a conviction. This includes provisions for refunds and relief from forfeited recognizance, as long as specific conditions are met, such as hardships on surviving family members. Moreover, the bill mandates that the Governor must report the particulars of every case in which fines or penalties are remitted to the General Assembly during each session.

Contention

Notable points of contention surrounding SB623 include concerns about the potential for arbitrary decision-making by the Governor, particularly regarding which individuals might receive fines or penalties that can be remitted. Critics express that such authority could lead to inconsistencies and favoritism, undermining the justice system's integrity. Furthermore, there is apprehension about the implications for victims of crimes, as the ability to remit penalties might be perceived as leniency towards offenders, possibly affecting public safety and victim rights.