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2021 SPECIAL SESSION I
HB 1878 Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause.
Introduced by: Clinton L. Jenkins | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause. Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. The bill requires the application for a warrant to the magistrate to be filed within 10 days of the issuance of the written notification from the intake officer to the complainant of the refusal to authorize a petition. The bill also provides that such written notification shall indicate that the intake officer made a finding that no probable cause exists and provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The bill requires the complainant to provide the magistrate with a copy of the written notification upon application to the magistrate. The bill also specifies that if an intake officer finds (i) probable cause and (ii) that the matter is appropriate for diversion, this decision is final, and the complainant shall not have the right to appeal the decision to a magistrate.
FULL TEXT
- 01/08/21 House: Prefiled and ordered printed; offered 01/13/21 21101948D pdf
- 01/22/21 House: Printed as engrossed 21101948D-E pdf | impact statement
- 02/17/21 House: Bill text as passed House and Senate (HB1878ER) pdf | impact statement
- 02/25/21 Governor: Acts of Assembly Chapter text (CHAP0030) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House amendments adopted
HISTORY
- 01/08/21 House: Prefiled and ordered printed; offered 01/13/21 21101948D
- 01/08/21 House: Referred to Committee for Courts of Justice
- 01/14/21 House: Assigned Courts sub: Criminal
- 01/15/21 House: Subcommittee recommends reporting with amendments (6-Y 1-N)
- 01/20/21 House: Reported from Courts of Justice with amendment(s) (16-Y 5-N)
- 01/21/21 House: Read first time
- 01/22/21 House: Read second time
- 01/22/21 House: Committee amendment agreed to
- 01/22/21 House: Engrossed by House as amended HB1878E
- 01/22/21 House: Printed as engrossed 21101948D-E
- 01/25/21 House: Read third time and passed House (64-Y 36-N)
- 01/25/21 House: VOTE: Passage (64-Y 36-N)
- 01/26/21 Senate: Constitutional reading dispensed
- 01/26/21 Senate: Referred to Committee on the Judiciary
- 02/05/21 Senate: Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
- 02/10/21 Senate: Reported from Judiciary (9-Y 6-N)
- 02/12/21 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/15/21 Senate: Read third time
- 02/15/21 Senate: Passed Senate (21-Y 18-N)
- 02/17/21 House: Enrolled
- 02/17/21 House: Bill text as passed House and Senate (HB1878ER)
- 02/17/21 Senate: Signed by President
- 02/18/21 House: Signed by Speaker
- 02/19/21 House: Enrolled Bill communicated to Governor on February 19, 2021
- 02/19/21 Governor: Governor's Action Deadline 11:59 p.m., February 26, 2021
- 02/25/21 Governor: Approved by Governor-Chapter 30 (effective 7/1/21)
- 02/25/21 Governor: Acts of Assembly Chapter text (CHAP0030)