Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. (HB5062)

Introduced By

Del. Mike Mullin (D-Newport News) with support from co-patron Del. Joe Lindsey (D-Norfolk)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. Read the Bill »


Bill Has Passed


08/18/2020Prefiled and ordered printed; offered 08/18/20 20200387D
08/18/2020Referred to Committee for Courts of Justice
08/26/2020Reported from Courts of Justice (13-Y 8-N) (see vote tally)
08/28/2020Read first time
09/03/2020Read second time and engrossed
09/04/2020Read third time and passed House (55-Y 43-N)
09/04/2020VOTE: Passage (55-Y 43-N) (see vote tally)
09/09/2020Constitutional reading dispensed
09/09/2020Referred to Committee on the Judiciary
09/16/2020Reported from Judiciary with substitute (8-Y 1-N) (see vote tally)
09/16/2020Rereferred to Finance and Appropriations
09/16/2020Committee substitute printed 20201196D-S1
09/22/2020Impact statement from DPB (HB5062S1)
09/24/2020Senate committee, floor amendments and substitutes offered
09/24/2020Reported from Finance and Appropriations with substitute (16-Y 0-N) (see vote tally)
09/24/2020Committee substitute printed 20201254D-S2
09/25/2020Constitutional reading dispensed (36-Y 0-N) (see vote tally)
09/28/2020Impact statement from DPB (HB5062S2)
10/01/2020Floor substitute printed 20201289D-S3 (Surovell)
10/01/2020Passed by temporarily
10/01/2020Read third time
10/01/2020Judiciary Committee substitute rejected
10/01/2020Finance and Appropriations Committee substitute rejected
10/01/2020Reading of substitute waived
10/01/2020Substitute by Senator Surovell agreed to
10/01/2020Engrossed by Senate - floor substitute HB5062S3
10/01/2020Passed Senate with substitute (31-Y 9-N) (see vote tally)
10/02/2020Placed on Calendar
10/02/2020Senate substitute agreed to by House 20201289D-S3 (54-Y 39-N)
10/02/2020VOTE: Adoption (54-Y 39-N) (see vote tally)
10/06/2020Impact statement from DPB (HB5062S3)
10/07/2020Bill text as passed House and Senate (HB5062ER)
10/07/2020Signed by Speaker
10/07/2020Signed by President
10/08/2020Impact statement from DPB (HB5062ER)
10/14/2020Enrolled Bill communicated to Governor on October 14, 2020
10/14/2020G Governor's Action Deadline 11:59 p.m., October 21, 2020
10/21/2020G Approved by Governor-Chapter 21 (Per Article IV, Section 13, this bill will be effective on the
10/21/2020first day of the fourth month following the month adjournment sine die of this special session)
10/21/2020G Acts of Assembly Chapter text (CHAP0021)
10/21/20201st day of the 4th month following the month of adjournment, sine die, of this special session)
10/21/2020G Approved by Governor-Chapter 21 (effective 3/1/21)

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