Deferred dispositions; no court shall have authority to defer and dismiss a criminal case. (HB2513)

Introduced By

Del. Todd Gilbert (R-Woodstock)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Inherent authority to defer and dismiss a criminal case.  Provides that no court shall have the authority, upon a plea of guilty or nolo contendere or after a plea of not guilty, when the facts found by the court would justify a finding of guilt, to defer proceedings or to defer entry of a final order of guilt or to dismiss the case upon completion of terms and conditions except as provided by statute. This is in response to the January 13, 2011, Court of Appeals of Virginia decision in Hernandez v. Commonwealth, ___Va.___ (2011); record no. 092524. Read the Bill »

Status

02/16/2011: Failed to Pass in Committee

History

DateAction
01/21/2011Presented and ordered printed 11104123D
01/21/2011Referred to Committee for Courts of Justice
01/24/2011Impact statement from VCSC (HB2513)
01/25/2011Assigned Courts sub: #3 Immigration
01/25/2011Assigned Courts sub: #1 Criminal
01/31/2011Impact statement from DPB (HB2513)
02/02/2011Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
02/02/2011Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
02/04/2011Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/04/2011Committee substitute printed 11105162D-H1
02/06/2011Read first time
02/07/2011Read second time
02/07/2011Committee substitute agreed to 11105162D-H1
02/07/2011Engrossed by House - committee substitute HB2513H1
02/08/2011Read third time and passed House (76-Y 22-N 1-A)
02/08/2011VOTE: PASSAGE (76-Y 22-N 1-A) (see vote tally)
02/09/2011Constitutional reading dispensed
02/09/2011Referred to Committee for Courts of Justice
02/11/2011Assigned Courts sub: Criminal
02/16/2011Passed by indefinitely in Courts of Justice with letter (14-Y 0-N) (see vote tally)
02/16/2011Letter sent to Crime Commission

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 9 clips in all, totaling 10 minutes.