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2011 SESSION
HB 2513 Deferred dispositions; no court shall have authority to defer and dismiss a criminal case.
Introduced by: C. Todd Gilbert | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED HOUSE:
Inherent authority to defer and dismiss a criminal case. Provides that no court shall have the authority, upon a plea of guilty or nolo contendere or after a plea of not guilty, when the facts found by the court would justify a finding of guilt, to defer proceedings or to defer entry of a final order of guilt for more than 60 days following the conclusion of the evidence or to dismiss the case upon completion of terms and conditions except as provided by statute. This is in response to the January 13, 2011, Supreme Court of Virginia decision in Hernandez v. Commonwealth, ___Va.___ (2011); record no. 092524.
SUMMARY AS INTRODUCED:
Inherent authority to defer and dismiss a criminal case. Provides that no court shall have the authority, upon a plea of guilty or nolo contendere or after a plea of not guilty, when the facts found by the court would justify a finding of guilt, to defer proceedings or to defer entry of a final order of guilt or to dismiss the case upon completion of terms and conditions except as provided by statute. This is in response to the January 13, 2011, Supreme Court of Virginia decision in Hernandez v. Commonwealth, ___Va.___ (2011); record no. 092524.