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2006 SESSION

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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 | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

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.

SUMMARY AS PASSED HOUSE:

Constitutional challenges.  Provides that the district court shall remove a case to circuit court if the defendant moves for dismissal on the basis that the statute is unconstitutional.  Such motion shall be made prior to trial.  The bill also allows a pretrial appeal by the Commonwealth if the circuit court dismisses a criminal warrant, information or indictment or charge on the ground that a statute is unconstitutional.

SUMMARY AS INTRODUCED:

Constitutional challenges.  Provides that the district court shall remove a case to circuit court if the defendant moves for dismissal on the basis that the statute is unconstitutional. The bill also allows a pretrial appeal by the Commonwealth if the circuit court dismisses a criminal warrant, information or indictment or charge on the ground that a statute is unconstitutional. The bill specifies that a nolle prosequi shall be entered upon motion of the Commonwealth and removes the provision that it is in the discretion of the court for good cause shown.