District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional. (SB469)

Introduced By

Sen. Tommy Norment (R-Williamsburg) with support from co-patrons Del. Dave Albo (R-Springfield), Del. Terry Kilgore (R-Gate City), Del. Brian Moran (D-Alexandria), Sen. Janet Howell (D-Reston), and Sen. Ken Stolle (R-Virginia Beach)

Description

Constitutional challenges. Provides that the district court shall remove a case to circuit court if the defendant moves for dismissal on the basis that the statute is unconstitutional. The bill also allows a pretrial appeal by the Commonwealth if the circuit court dismisses a criminal warrant, information or indictment or charge on the ground that a statute is unconstitutional. The bill specifies that a nolle prosequi shall be entered upon motion of the Commonwealth and removes the provision that it is in the discretion of the court for good cause shown. This bill has been incorporated into SB 298. Read the Bill »

Outcome

History