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2006 SESSION
SB 469 District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional.
Introduced by: Thomas K. Norment, Jr. | all patrons ... notes | add to my profiles
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. This bill has been incorporated into SB 298.
FULL TEXT
HISTORY
- 01/11/06 Senate: Prefiled and ordered printed; offered 01/11/06 061245134
- 01/11/06 Senate: Referred to Committee for Courts of Justice
- 01/25/06 Senate: Incorporated by Courts of Justice (SB298-Cuccinelli) (15-Y 0-N)