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2000 SESSION

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SB 387 Victim participation in plea agreements.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

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 and discuss the case with the victim and obtain the victim's views regarding the proposed plea agreement. The victim has the right to be present and present a written impact statement at any proceeding in which a plea agreement recommending a specific sentence 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. 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, does not confer upon the defendant any substantive or procedural rights, and does not affect the validity of any plea entered by the defendant.


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