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2017 SESSION

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HB 1851 Assault and battery against a family or household member; deferred disposition, waiver of appeal.

Introduced by: C. Todd Gilbert | all patrons    ...    notes | add to my profiles

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)

Assault and battery against a family or household member; deferred disposition; waiver of appeal. Provides that a person charged with a first offense of assault against a family or household member who consents to probation and a deferred disposition of the charge has no right of appeal if he is subsequently found guilty of the original charge for a violation of the terms of his probation. The bill provides that a person may file a motion to withdraw his consent within 10 days of entry of the order deferring proceedings and the court shall schedule a hearing within 30 days of receipt of the motion. The bill provides further that if the person appears at the hearing and requests to withdraw his consent, the court shall grant the request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person fails to appear at the hearing, the court shall deny the motion.


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