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2006 SESSION

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SB 549 Pretrial motions or objections; when defense may raise in circuit and district courts.

Introduced by: W. Roscoe Reynolds | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Defense objections in criminal proceeding.  Clarifies that defense motions or objections seeking suppression of evidence or dismissal of the warrant need not be made before trial at the general district court level and that upon such motion made at trial a court shall grant a continuance upon motion of the Commonwealth.

SUMMARY AS PASSED SENATE:

Defense objections in criminal proceeding. Distinguishes between defense objections in circuit court and district court. The provision that defense objections must be raised in writing seven days before trial will apply only to circuit courts. The bill provides that in district court proceedings objections may be raised prior to or at the proceeding and the district court shall grant a continuance for good cause shown upon motion of the Commonwealth. As introduced, this bill was a recommendation of the Committee on District Courts.

SUMMARY AS INTRODUCED:

Defense objections in criminal proceeding. Distinguishes between defense objections in circuit court and district court. The provision that defense objections must be raised in writing seven days before trial will apply only to circuit courts. The bill provides that in district court proceedings objections may be raised prior to or at trial and the district court may grant a continuance for good cause shown. This bill is a recommendation of the Committee on District Courts.