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2003 SESSION

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HB 1683 Offense against two or more statutes or ordinances; double jeopardy.

Introduced by: Ryan T. McDougle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Offense against two or more statutes or ordinances; double jeopardy. Amends statute that provides that a prosecution under a federal statute is a bar to prosecution under the comparable state statute to state that prosecution under a federal statute is deemed commenced when jeopardy attaches. Under current law a federal prosecution is deemed commenced with the return of an indictment by a grand jury or the filing of an information.

SUMMARY AS PASSED HOUSE:

Offense against two or more statutes or ordinances; double jeopardy. Provides that a federal conviction or a finding of not guilty, rather than mere federal prosecution, bars state prosecution for an act that violates both federal and state statutes.

SUMMARY AS INTRODUCED:

Offense against two or more statutes or ordinances; double jeopardy. Removes the provision in the double jeopardy statute that would bar a prosecution in the Commonwealth if the offense could also be prosecuted federally.