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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 | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

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.

SUMMARY AS PASSED:

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 the order for the deferred disposition shall be stayed by the court for 14 days and placed on the court's docket for review and that such person may withdraw his consent to the waiver of appeal at any point prior to the date set for review of the order.

SUMMARY AS PASSED HOUSE:

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 unless such person withdraws his consent within 10 days of the entry of the order for the deferred disposition. 

SUMMARY AS INTRODUCED:

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.