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2020 SPECIAL SESSION I
SB 5033 Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case.
Introduced by: Scott A. Surovell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. Requires a court to grant a motion to dismiss made by the Commonwealth, whether with or without prejudice, and with the consent of the defendant unless the court finds by clear and convincing evidence that the motion was made as the result of (i) bribery or (ii) bias or prejudice toward a victim because of the race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin of the victim.
The bill provides that, upon the agreement of the Commonwealth and the defendant, a trial court may 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.
FULL TEXT
- 08/13/20 Senate: Prefiled and ordered printed; offered 08/18/20 20200573D pdf
- 08/20/20 Senate: Committee substitute printed 20200796D-S1 pdf | impact statement
- 09/22/20 House: Committee substitute printed 20201236D-H1 pdf | impact statement
- 10/07/20 Senate: Bill text as passed Senate and House (SB5033ER) pdf | impact statement
- 10/21/20 Governor: Acts of Assembly Chapter text (CHAP0020) pdf
AMENDMENTS
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
HISTORY
- 08/13/20 Senate: Prefiled and ordered printed; offered 08/18/20 20200573D
- 08/13/20 Senate: Referred to Committee on the Judiciary
- 08/20/20 Senate: Reported from Judiciary with substitute (12-Y 2-N 1-A)
- 08/20/20 Senate: Committee substitute printed 20200796D-S1
- 08/26/20 Senate: Constitutional reading dispensed (34-Y 0-N)
- 08/27/20 Senate: Read second time
- 08/27/20 Senate: Reading of substitute waived
- 08/27/20 Senate: Committee substitute agreed to 20200796D-S1
- 08/27/20 Senate: Engrossed by Senate - committee substitute SB5033S1
- 08/28/20 Senate: Read third time and passed Senate (30-Y 6-N)
- 09/17/20 House: Placed on Calendar
- 09/17/20 House: Read first time
- 09/17/20 House: Referred to Committee for Courts of Justice
- 09/22/20 House: Reported from Courts of Justice with substitute (13-Y 7-N)
- 09/22/20 House: Committee substitute printed 20201236D-H1
- 09/24/20 House: Read second time
- 09/25/20 House: Read third time
- 09/25/20 House: Committee substitute agreed to 20201236D-H1
- 09/25/20 House: Engrossed by House - committee substitute SB5033H1
- 09/25/20 House: Passed House with substitute (53-Y 44-N)
- 09/25/20 House: VOTE: Adoption (53-Y 44-N)
- 10/02/20 Senate: House substitute agreed to by Senate (31-Y 7-N)
- 10/02/20 Senate: Title replaced 20201236D-H1
- 10/07/20 Senate: Enrolled
- 10/07/20 Senate: Bill text as passed Senate and House (SB5033ER)
- 10/07/20 Senate: Signed by President
- 10/07/20 House: Signed by Speaker
- 10/14/20 Senate: Enrolled Bill Communicated to Governor on October 14, 2020
- 10/14/20 Governor: Governor's Action Deadline 11:59 p.m., October 21, 2020
- 10/21/20 Governor: Approved by Governor-Chapter 20 (effective 3/1/21)
- 10/21/20 Governor: Acts of Assembly Chapter text (CHAP0020)