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2024 SESSION
SB 144 Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment.
Introduced by: Jennifer D. Carroll Foy | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Nolle prosequi or dismissal prior to preliminary hearing; subsequent indictment. Provides that no person who was arrested on a warrant charging him with a felony offense shall be denied a preliminary hearing upon the question of whether there is probable cause to believe that he committed that offense and no indictment shall be returned in a court of record against any such person for such felony offense or any other offense arising out of the same facts and circumstances prior to such hearing unless such hearing is waived in writing by the accused.
The bill provides that, on motion of the defendant made within 21 days of service of any such indictment upon such defendant that is returned without a preliminary hearing, the court shall stay prosecution in that court and remand the case to district court for a preliminary hearing. Upon conducting the preliminary hearing, the district court shall either (i) on a finding of probable cause, certify such indictment to the circuit court for further proceedings or (ii) if no probable cause is found, certify such finding to the circuit court, which shall dismiss such indictment with or without prejudice.
Lastly, the bill tolls the time period to try an accused upon remand of an indictment to the district court for a preliminary hearing and restarts such time period upon a finding of probable cause by the district court.
FULL TEXT
- 01/05/24 Senate: Prefiled and ordered printed; offered 01/10/24 24102366D pdf
- 02/12/24 Senate: Committee substitute printed 24107654D-S1 pdf
- 02/23/24 House: Committee substitute printed 24108039D-H1 pdf
- 03/06/24 Senate: Bill text as passed Senate and House (SB144ER) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- Senate committee, floor amendments and substitutes offered
- Governor's veto explanation
HISTORY
- 01/05/24 Senate: Prefiled and ordered printed; offered 01/10/24 24102366D
- 01/05/24 Senate: Referred to Committee for Courts of Justice
- 01/10/24 Senate: Moved from Judiciary to Courts of Justice due to a change of the committee name
- 02/12/24 Senate: Reported from Courts of Justice with substitute (8-Y 6-N)
- 02/12/24 Senate: Committee substitute printed 24107654D-S1
- 02/13/24 Senate: Read second time
- 02/13/24 Senate: Reading of substitute waived
- 02/13/24 Senate: Committee substitute agreed to 24107654D-S1
- 02/13/24 Senate: Engrossed by Senate - committee substitute SB144S1
- 02/13/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/13/24 Senate: Passed Senate (23-Y 17-N)
- 02/13/24 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/15/24 House: Placed on Calendar
- 02/15/24 House: Read first time
- 02/15/24 House: Referred to Committee for Courts of Justice
- 02/16/24 House: Assigned Courts sub: Criminal
- 02/21/24 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
- 02/23/24 House: Reported from Courts of Justice with substitute (12-Y 9-N)
- 02/23/24 House: Committee substitute printed 24108039D-H1
- 02/27/24 House: Read second time
- 02/28/24 House: Read third time
- 02/28/24 House: Committee substitute agreed to 24108039D-H1
- 02/28/24 House: Engrossed by House - committee substitute SB144H1
- 02/28/24 House: Passed House with substitute (52-Y 48-N)
- 02/28/24 House: VOTE: Passage (52-Y 48-N)
- 03/01/24 Senate: House substitute agreed to by Senate (23-Y 17-N)
- 03/01/24 Senate: Title replaced 24108039D-H1
- 03/06/24 Senate: Enrolled
- 03/06/24 Senate: Bill text as passed Senate and House (SB144ER)
- 03/06/24 House: Signed by Speaker
- 03/07/24 Senate: Signed by President
- 03/11/24 Senate: Enrolled Bill Communicated to Governor on March 11, 2024
- 03/11/24 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 03/20/24 Governor: Vetoed by Governor
- 04/17/24 Senate: Passed by for the day