Misdemeanors; appointment of counsel, imposition of penalty of incarceration in certain cases. (HB1394)
Introduced By
Del. Bill Cleaveland (R-Roanoke)
Progress
√ |
Introduced |
X |
Passed Committee |
√ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Appointment of counsel; imposition of penalty of incarceration in certain misdemeanor cases. Provides that if a criminal charge against an accused is a misdemeanor or in a class of misdemeanors the penalty for which may be incarceration, a penalty of incarceration may be imposed and an attorney appointed by a court in the case of indigence if the prosecuting attorney advises the court that incarceration remains an option in such class of cases, or in the instant case. The bill also provides that if the prosecuting attorney advises the court that he waives the option of the imposition of a sentence of incarceration in such case or class of cases, the court shall try the case without appointing counsel, and in such event no sentence of incarceration shall be imposed. Amends § 19.2-157 (“Duty of court when accused appears without counsel.”), § 19.2-160 (“Appointment of counsel or waiver of right.”), of the Code of Virginia. View Full Text »
Status
03/12/2010: Failed to Pass in Committee
View Bill's History
