HB660: Deferred dispositions; property crimes, larceny and receiving stolen goods.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-303.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-303.2. Persons charged with first offense may be placed on probation.
Whenever any person who has not previously been convicted of
any felony, or has not previously had a proceeding against him for violation
of such an offense dismissed as provided in this section, pleads guilty to
or enters a plea of not guilty to any crime against property constituting a
misdemeanor, under Articles Article 3 (§ 18.2-95 et seq.), 5
(§ 18.2-119 et seq.) except for a violation of § 18.2-130 or 18.2-130.1, 6
(§ 18.2-137 et seq.), 7 and (§ 18.2-144 et seq.), or 8 (§
18.2-153 et seq.) of Chapter 5 (§ 18.2-119 et seq.) of Title 18.2,
the court, upon such plea if the facts found by the court would justify a
finding of guilt, without entering a judgment of guilt and with the consent of
the accused, may defer further proceedings and place him on probation subject
to terms and conditions, which may include restitution for losses caused, set
by the court. If the court defers further proceedings for an offense that is
required to be reported to the Central Criminal Records Exchange pursuant to §
19.2-390, at that time the court shall determine whether the clerk of court has
been provided with the fingerprint identification information or fingerprints
of the accused, taken by a law-enforcement officer pursuant to § 19.2-390, and,
if not, shall order that the fingerprints and photograph of the accused be
taken by a law-enforcement officer. Upon violation of a term or condition, the
court may enter an adjudication of guilt and proceed as otherwise provided.
Upon fulfillment of the terms and conditions, and upon determining that the
clerk of court has been provided with the fingerprint identification
information or fingerprints of such person for an offense that is required to
be reported to the Central Criminal Records Exchange pursuant to § 19.2-390,
the court shall discharge the person and dismiss the proceedings against him.
Discharge and dismissal under this section shall be without adjudication of guilt
and is a conviction only for the purpose of applying this section in subsequent
proceedings.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 19.2-298.02 as follows:
§ 19.2-298.02. Deferred disposition in a criminal case.
A. A trial court presiding in a criminal case may, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, including (i) mitigating factors relating to the defendant or the offense, (ii) the request of the victim, or (iii) any other appropriate factors upon motion of the defendant, upon its own motion with the consent of the defendant, or with the agreement of the defendant and the Commonwealth, 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 and placed on the record, or if there is no agreement, as may be imposed by the court. Final disposition may include (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings.
B. Upon violation of a term or condition, the court may enter an adjudication of guilt, if not already entered, and make any final disposition of the case provided by subsection A. Upon fulfillment of the terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or if none, by conviction of an alternative charge or dismissal of the case.
C. By consenting to and receiving a deferral of proceedings or a deferral of entry of a final order of guilt and fulfilling the conditions as specified by the court as provided by subsection A, the defendant waives his right to appeal such entry of a final order of guilt.
Prior to granting a deferral of proceedings, a deferral of entry of a conviction order, if none, or a deferral of a final order, the court shall notify the defendant that he would be waiving his rights to appeal any final order of guilt if such deferral is granted.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-303.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-303.2. Persons charged with first offense may be placed on probation.
Whenever any person who has not previously been convicted of
any felony pleads guilty to or enters a plea of not guilty to any crime against
property constituting a misdemeanor, under Articles Article 3 (§
18.2-95 et seq.), 5 (§ 18.2-119 et seq.) except for a violation of §
18.2-130 or 18.2-130.1, 6 (§ 18.2-137 et seq.), 7 and (§
18.2-144 et seq.), or 8 (§ 18.2-153 et seq.) of Chapter 5 (§
18.2-119 et seq.) of Title 18.2, the court, upon such plea if the facts
found by the court would justify a finding of guilt, without entering a
judgment of guilt and with the consent of the accused, may defer further
proceedings and place him on probation subject to terms and conditions, which
may include restitution for losses caused, set by the court. If the court
defers further proceedings for an offense that is required to be reported to
the Central Criminal Records Exchange pursuant to § 19.2-390, at that time the
court shall determine whether the clerk of court has been provided with the
fingerprint identification information or fingerprints of the accused, taken by
a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that
the fingerprints and photograph of the accused be taken by a law-enforcement
officer. Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon fulfillment of
the terms and conditions, and upon determining that the clerk of court has been
provided with the fingerprint identification information or fingerprints of
such person for an offense that is required to be reported to the Central
Criminal Records Exchange pursuant to § 19.2-390, the court shall discharge the
person and dismiss the proceedings against him. Discharge and dismissal under
this section shall be without adjudication of guilt and is a conviction only
for the purpose of applying this section in subsequent proceedings.
HOUSE BILL NO. 660
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-303.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-303.2. Persons charged with first offense may be placed on probation.
Whenever any person who has not previously been convicted of
any felony, or has not
previously had a proceeding against him for violation of such an offense
dismissed as provided in this section, pleads guilty to or
enters a plea of not guilty to any crime against property constituting a
misdemeanor, under Articles Article 3 (§ 18.2-95 et seq.),
5 (§ 18.2-119 et seq.), 6 (§ 18.2-137 et
seq.), 7 and (§ 18.2-144 et seq.), or 8 (§ 18.2-153 et seq.) of
Chapter 5 (§ 18.2-119 et
seq.) of Title 18.2, the court, upon such plea if the facts
found by the court would justify a finding of guilt, without entering a
judgment of guilt and with the consent of the accused, may defer further
proceedings and place him on probation subject to terms and conditions, which
may include restitution for losses caused, set by the court. If the court
defers further proceedings for an offense that is required to be reported to
the Central Criminal Records Exchange pursuant to § 19.2-390, at that time the
court shall determine whether the clerk of court has been provided with the
fingerprint identification information or fingerprints of the accused, taken by
a law-enforcement officer pursuant to § 19.2-390, and, if not, shall order that
the fingerprints and photograph of the accused be taken by a law-enforcement
officer. Upon violation of a term or condition, the court may enter an adjudication
of guilt and proceed as otherwise provided. Upon fulfillment of the terms and
conditions, and upon determining that the clerk of court has been provided with
the fingerprint identification information or fingerprints of such person for
an offense that is required to be reported to the Central Criminal Records
Exchange pursuant to § 19.2-390, the court shall discharge the person and
dismiss the proceedings against him. Discharge and dismissal under this section
shall be without adjudication of guilt and is a conviction only for the purpose
of applying this section in subsequent proceedings.