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2003 SESSION

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HB 2019 Deferral and dismissal; penalty.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Deferral and dismissal; penalty. Provides in those sections allowing deferral and dismissal of drug offenses, underage alcohol possession, assault and battery against a family member, and certain property crimes, that deferral and dismissal will only be considered by the court if the defendant has no prior convictions of any kind, has not been previously allowed deferral and dismissal under that specific section and has the consent of the Commonwealth to defer and dismiss and that, if the defendant violates the conditions extant during the deferral period, the court shall, rather than may, find the defendant guilty. The bill also limits deferral and dismissal to those types of crimes, explicitly removing any "inherent power of the court" to defer and dismiss.


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