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2005 SESSION

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SB 1177 Capital murder cases; eliminating 'triggerman rule'.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Criminal procedure. Requires defense objections on speedy trial or double jeopardy grounds to be filed in writing at such time prior to trial as the grounds for motion or objection shall arise, whichever occurs last. The bill also provides that the Commonwealth may appeal from dismissal of a prosecution on speedy trial or double jeopardy grounds. Currently, such appeal must be on the ground that a statute upon which the dismissal was based was found to be unconstitutional. The bill also provides that an arrest on an indictment, warrant, information or presentment is deemed to occur only when the summons or capias is served and executed on the accused and that the lodging of a detainer does not constitute an arrest.


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