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2008 SESSION

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HB 1186 Incompetent defendants; dismissal of charges when charged with nonviolent misdemeanor.

Introduced by: Kenneth R. Melvin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Incompetent defendants; misdemeanors; dismissal of charges.  Provides that if a defendant has been charged with a misdemeanor under Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 (larceny and receiving stolen goods), Article 5 (§ 18.2-119 et seq.) of Chapter 5 of Title 18.2 (trespass to realty) except an offense under § 18.2-130 (peeping or spying into dwelling or enclosure), or Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2 (disorderly conduct), and is being treated in an effort to restore his capacity, then after 45 days, if his capacity has not been restored, the court shall decide whether he should be released, committed, or certified and the court may dismiss the charges. This bill incorporates HB 1378. This bill is identical to SB 380.

SUMMARY AS PASSED HOUSE:

Incompetent defendants; misdemeanors; dismissal of charges.  Provides that if a defendant has been charged with a nonviolent property or trespass misdemeanor only, and is being treated in an effort to restore his capacity, then after 45 days, if his capacity has not been restored, the court shall decide whether he should be released, committed, or certified.

SUMMARY AS INTRODUCED:

Incompetent defendants; misdemeanors; dismissal of charges.  Provides that if a defendant has been charged with a nonviolent misdemeanor only, and is being treated in an effort to restore his capacity, then after 45 days if his capacity has not been restored then the court shall dismiss the charges against him and decide whether he should be released, committed, or certified.