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2013 SESSION

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HB 1311 Appeal of bond decision; court may stay execution of order for so long as reasonably practicable.

Introduced by: Patrick A. Hope | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Appeal of bond decision. Provides that when a bail, bond, or recognizance decision is appealed, the court that made the decision may, for good cause shown, stay the execution of the order for so long as reasonably practicable for the party appealing the order to obtain an expedited hearing before the court to which such order was appealed. This bill is identical to SB 1118.

SUMMARY AS PASSED HOUSE:

Accused to be held pending appeal by Commonwealth of bond decision. Provides that when a court grants bail to an accused, it shall, when there exists a resumption against bail, and may, when no such presumption exists, upon the noting of an appeal by the attorney for the Commonwealth, stay execution of such bail order of an accused who has not yet been released for as long as is reasonably practicable so that the attorney for the Commonwealth may obtain an expedited hearing of the appeal before the next higher court.

SUMMARY AS INTRODUCED:

Accused to be held pending appeal by Commonwealth of bond decision. Provides that when the attorney for the Commonwealth appeals a bond or recognizance decision by a lower court, the accused person shall not be released pending the decision of the court hearing the appeal, provided the appeal is heard before the completion of the next day the court is in session, but that in no case shall the accused person be held longer than 72 hours.