Chap. 122.—An ACT to amend and re-enact Section 2 of an act entitled “An
act to provide for the use of probation and the suspension of sentences
in criminal and juvenile courts, providing for the appointment of probation
officers and defining their powers and duties’, approved March 16, 1918.

pee Os —— : [H B 117]

“Approved March 12, 1938

1. Be it enacted by the General Assembly of Virginia, That
section two of an act entitled ‘an act to provide for the use of pro-
bation and the suspension of sentences in criminal and juvenile courts,
providing for the appointment of probation officers and defining their
powers and duties, approved March sixteenth, nineteen hundred and
eighteen, be amended and re-enacted so as to read as follows:
~ Section 2.°: After’ a ‘plea; a vetdict ora judgment of gitilty in any
ete having jurisdiction, to hear and determine the offense, with. which
the prisoner at the bar is charged, if there be: circumstances ‘in -miti-
gation of the offense, or if it appear compatible with the public in-
terest, and in any case after a child has been declared delinquent or
dependent, the court may suspend the. imposition or the execution
of sentence, or commitment, and may also place the defendant on
probation ‘under the supervision of a probation officer, during good
behavior, for such time and under such conditions of probation as
the court shall determine. In case the prisoner has been sentenced
for a misdemeanor and committed, the court, or the judge of such
court in vacation may at any time before the sentence has been com-
pletely served, suspend the unserved portion of any such sentence.
The court may subsequently increase or decrease the probation period
and may revoke or modify any condition of probation. While on
probation the defendant may be required to pay in one or several
sums a fine imposed at the time of being placed on probation, or may
be required to make restitution or reparation to the aggrieved party
or parties for actual damages or loss caused by the offense for which
conviction was had, or may be required to provide for the support of
his wife or others for whose support he may be legally responsible.

The court may, for any cause deemed by it sufficient, revoke the
suspension of sentence and any probation, if the defendant be on
probation, and cause the defendant to be arrested and brought before
the court at any time within the probation period, or if no probation
period has been prescribed then within the maximum period for
which the defendant might originally have been sentenced to be im-
prisoned, whereupon, in case the imposition of sentence has been sus-
pended, the court may pronounce whatever sentence might have been
originally imposed; and in case the execution of the sentence has
been suspended, the original sentence shall be in full force and effect,
and the time of probation shall not be taken into account to diminish
the original sentence. In the event that any person placed on pro-
bation shall leave the jurisdiction of the court without the consent
of the judge, or having obtained leave to remove to another locality
violates any of the terms of his probation, he may be apprehended
and returned:to said court and dealt with as provided above. Pro-
vided, however, that nothing contained herein shall be construed to
deprive any person of his or her right to appeal in the manner pro-
vided by law to the circuit or corporation court having criminal
jurisdiction from a judgment or order penn any suspended sen-
tence.

Nothing — shall be construed as permitting the suspension of
a jail sentence imposed upon any person convicted of a second or
other subsequent offence under the provisions of chapter one hun-
dred and forty-four of the: Acts of the General Assembly of Vir-
ginia of nineteen hundred and thirty-four, approved March twenty-
second, nineteen hundred and thirty-four, and amendments. thereof.