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2020 SPECIAL SESSION I

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HB 5142 Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case.

Introduced by: Clinton L. Jenkins | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. Provides that, upon the agreement of the Commonwealth and the defendant, a trial court may defer proceedings; defer entry of a conviction order, if none, or defer entry of a final order; and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties. The bill provides that such dispositions may be eligible for expungement upon the agreement of all parties. The bill also provides that "good cause" for purposes of a nolle prosequi includes that (i) the particular circumstances relating to the facts of the case, (ii) the general deterrence value of prosecuting a case, or (iii) the limits on agency resources or competing prosecutorial priorities make such case unprosecutable or not in the interests of the Commonwealth to prosecute such case at such time.


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