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2007 SESSION


CHAPTER 414
An Act to amend and reenact § 19.2-409 of the Code of Virginia, relating to tolling speedy trial statute pending finality of pretrial appeal by the Commonwealth.
[H 2569]
Approved March 15, 2007

 

Be it enacted by the General Assembly of Virginia:

1.  That § 19.2-409 of the Code of Virginia is amended and reenacted as follows:

§ 19.2-409. Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction.

This section applies only to pretrial appeals. The provisions of § 19.2-243 shall not apply to the period of time commencing when the Commonwealth's notice of pretrial appeal is filed pursuant to this chapter and ending when 60 days after the Court of Appeals or Supreme Court issues its mandate disposing of the pretrial appeal. Such finality of the Court of Appeals' decision shall not preclude a defendant, if he is convicted, from requesting the Court of Appeals or Supreme Court on direct appeal to reconsider an issue which was the subject of the pretrial appeal.