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2020 SESSION

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SB 489 Criminal cases; authority to defer and dismiss.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Authority to defer and dismiss a criminal case. Provides that a trial court presiding in a criminal case may, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, upon its own motion with the consent of the defendant, or with the agreement of the defendant and the Commonwealth, 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 and placed on the record, or if there is no agreement, as may be imposed by the court. The bill provides that final disposition may include (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings.

SUMMARY AS INTRODUCED:

Authority to defer and dismiss a criminal case. Provides that a trial court presiding in a criminal case may, after any plea or trial, and with or without a determination of guilt, upon its own motion with the consent of the defendant or with the agreement of the defendant and the Commonwealth, defer proceedings or defer entry of a final order of guilt and place the defendant under probation to comply with reasonable terms and conditions as specified by the court that shall include probation and either (i) conviction of the original charge, (ii) conviction of an alternative charge, or (iii) dismissal of the proceedings. The bill provides that upon completion of such terms and conditions that court shall adjudicate the matter consistent with those terms and conditions. The bill also defines good cause for purposes of a nolle prosequi.