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2012 SESSION

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HB 750 Inherent authority; deferred disposition in criminal case.

Introduced by: Benjamin L. Cline | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

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 unless all parties agree otherwise or deferred judgment is provided for by statute. This bill responds to the January 13, 2011, Supreme Court of Virginia decision in Hernandez v. Commonwealth, 281 Va. 222, 707 S.E.2d 273 (2011). This bill incorporates HB 51.


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