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2000 SESSION

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HB 1000 Victim participation in plea agreements.

Introduced by: A. Donald McEachin | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Victim participation in plea agreements. Provides that upon the victim's request, the attorney for the Commonwealth must keep the victim informed and confer with the victim throughout the plea negotiation process and obtain the victim's views. Prior to offering or entering into a plea agreement involving certain violent felony offenses, the attorney for the Commonwealth must inform the victim of the contents of the proposed plea agreement before it is agreed upon; discuss the case with the victim and obtain the victim's views regarding the proposed plea agreement; and notify the victim that the victim is entitled to be present and may submit a written impact statement and any objections to the plea agreement when the plea agreement is considered by the court. The victim has the right to be present and present a written impact statement at any proceeding in which a negotiated plea agreement will be presented to the court. The court is not allowed to accept a plea agreement unless it finds that the Commonwealth has, except for good cause shown, complied with the bill's provisions and the attorney for the Commonwealth represents to the court that the requirements of the Crime Victim and Witness Rights Act have been complied with and tells the court whether the victim has any objections to the agreement.

There is a provision stating that the duty to confer does not limit the ability of the attorney for the Commonwealth to exercise his discretion concerning the handling of any criminal charge against the defendant.


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