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2006 SESSION
HB 1350 District court; remove case to circuit court if dismissal on basis that statute is unconstitutional.
Introduced by: Robert B. Bell | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Constitutional challenges. Provides that in any criminal or traffic case in a court not of record, if the court rules that a statute or local ordinance is unconstitutional, it shall upon motion of the Commonwealth, stay the proceedings and transmit the case to the circuit court for a determination of constitutionality. If the circuit court rules that the statute or local ordinance is unconstitutional, the Commonwealth may appeal such interlocutory order to the Court of Appeals and thereafter to the Supreme Court; however, if the circuit court rules that the statute or local ordinance is constitutional, the circuit court shall remand the case to the court not of record for trial consistent with the ruling of the circuit court. The bill also provides that a pretrial appeal may be taken by the Commonwealth in any criminal case from an order of a circuit court dismissing a warrant, information, summons, delinquency petition, or indictment, on the ground that a statute on which the order is based is unconstitutional. This bill is identical to SB 298.
FULL TEXT
- 01/11/06 House: Prefiled and ordered printed; offered 01/11/06 061244134 pdf
- 02/11/06 House: Committee substitute printed 062473232-H1 pdf
- 03/06/06 House: Bill text as passed House and Senate (HB1350ER) pdf
- 04/11/06 House: Governor's substitute printed 061466129-H2 pdf
- 04/19/06 House: Reenrolled bill text (HB1350ER2) pdf
- 04/19/06 Governor: Acts of Assembly Chapter text (CHAP0876) pdf
AMENDMENTS
HISTORY
- 01/11/06 House: Prefiled and ordered printed; offered 01/11/06 061244134
- 01/11/06 House: Referred to Committee for Courts of Justice
- 02/10/06 House: Reported from Courts of Justice with substitute (20-Y 2-N)
- 02/11/06 House: Committee substitute printed 062473232-H1
- 02/11/06 House: Read first time
- 02/13/06 House: Read second time
- 02/13/06 House: Committee substitute agreed to 062473232-H1
- 02/13/06 House: Engrossed by House - committee substitute HB1350H1
- 02/14/06 House: Read third time and passed House (96-Y 4-N)
- 02/14/06 House: VOTE: PASSAGE (96-Y 4-N)
- 02/14/06 House: Communicated to Senate
- 02/15/06 Senate: Constitutional reading dispensed
- 02/15/06 Senate: Referred to Committee for Courts of Justice
- 02/22/06 Senate: Reported from Courts of Justice (15-Y 0-N)
- 02/24/06 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/24/06 Senate: VOTE: (39-Y 0-N)
- 02/27/06 Senate: Read third time
- 02/27/06 Senate: Passed Senate (39-Y 0-N)
- 02/27/06 Senate: VOTE: (39-Y 0-N)
- 02/27/06 Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N)
- 02/27/06 Senate: VOTE: (39-Y 0-N)
- 02/27/06 Senate: Passed Senate (39-Y 0-N)
- 02/27/06 Senate: VOTE: (39-Y 0-N)
- 03/06/06 House: Bill text as passed House and Senate (HB1350ER)
- 03/07/06 House: Enrolled
- 03/07/06 House: Signed by Speaker
- 03/08/06 Senate: Signed by President
- 04/11/06 House: Governor's recommendation received by House
- 04/11/06 House: Governor's substitute printed 061466129-H2
- 04/18/06 House: Placed on Calendar
- 04/19/06 House: House concurred in Governor's recommendation (97-Y 0-N)
- 04/19/06 House: VOTE: ADOPTION (97-Y 0-N)
- 04/19/06 Senate: Senate concurred in Governor's recommendation (38-Y 0-N)
- 04/19/06 Senate: VOTE: (38-Y 0-N)
- 04/19/06 Governor: Governor's recommendation adopted
- 04/19/06 House: Reenrolled
- 04/19/06 House: Reenrolled bill text (HB1350ER2)
- 04/19/06 House: Signed by Speaker as reenrolled
- 04/19/06 Senate: Signed by President as reenrolled
- 04/19/06 House: Enacted, Chapter 876 (effective 7/1/06)
- 04/19/06 Governor: Acts of Assembly Chapter text (CHAP0876)