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2020 SESSION
HB 873 Discovery in criminal cases; penalties, effective provision.
Introduced by: Jeffrey M. Bourne | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Discovery in criminal cases. Establishes requirements and procedures for discovery by an accused and by the Commonwealth in a criminal case. The bill requires a party requesting discovery to request that the other party voluntarily comply with such request prior to filing any motion before a judge. Upon receiving a negative or unsatisfactory response, or upon the passage of seven days following the receipt of the request without response, the party requesting discovery may file a motion for discovery with the court. The bill details information that is subject to discovery and provides that discovery shall be provided at a reasonable time before trial but that in no case shall it be provided later than (i) 14 days before trial on a misdemeanor in circuit court, (ii) 30 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of 30 years or less, or (iii) 90 days before trial on a felony or multiple felony counts punishable by confinement in a state correctional facility for an aggregate of more than 30 years. The bill also provides a mechanism for redaction of certain personal identifying information and creates a procedure for either party to move the court to enter a protection order with regard to discovery. Finally, the bill grants the court the ability to impose various remedies it deems just if a party fails to comply with any of the requirements. This bill incorporates HB 1153.
FULL TEXT
- 01/07/20 House: Prefiled and ordered printed; offered 01/08/20 20101904D pdf | impact statements
- 02/07/20 House: Committee substitute printed 20107766D-H1 pdf | impact statement
- 03/12/20 House: Bill text as passed House and Senate (HB873ER) pdf | impact statement
- 04/11/20 Governor: Acts of Assembly Chapter text (CHAP1167) pdf
HISTORY
- 01/07/20 House: Prefiled and ordered printed; offered 01/08/20 20101904D
- 01/07/20 House: Referred to Committee for Courts of Justice
- 02/04/20 House: Assigned Courts sub: Criminal
- 02/07/20 House: Subcommittee recommends reporting (5-Y 0-N)
- 02/07/20 House: Reported from Courts of Justice with substitute (10-Y 7-N)
- 02/07/20 House: Committee substitute printed 20107766D-H1
- 02/07/20 House: Incorporates HB1153 (Lopez)
- 02/09/20 House: Read first time
- 02/10/20 House: Read second time
- 02/10/20 House: Committee substitute agreed to 20107766D-H1
- 02/10/20 House: Engrossed by House - committee substitute HB873H1
- 02/11/20 House: Read third time and passed House (56-Y 44-N)
- 02/11/20 House: VOTE: Passage (56-Y 44-N)
- 02/12/20 Senate: Constitutional reading dispensed
- 02/12/20 Senate: Referred to Committee on the Judiciary
- 02/24/20 Senate: Reported from Judiciary (12-Y 3-N)
- 02/24/20 Senate: Rereferred to Finance and Appropriations
- 03/02/20 Senate: Reported from Finance and Appropriations (15-Y 0-N)
- 03/04/20 Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/05/20 Senate: Read third time
- 03/05/20 Senate: Passed Senate (28-Y 11-N)
- 03/12/20 House: Enrolled
- 03/12/20 House: Bill text as passed House and Senate (HB873ER)
- 03/12/20 House: Signed by Speaker
- 03/12/20 Senate: Signed by President
- 03/17/20 House: Enrolled Bill communicated to Governor on March 17, 2020
- 03/17/20 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2020
- 04/11/20 Governor: Approved by Governor-Chapter 1167 (effective - see bill)
- 04/11/20 Governor: Acts of Assembly Chapter text (CHAP1167)