SB489: Criminal cases; authority to defer and dismiss.
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.
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.
SENATE BILL NO. 489
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-265.3 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-298.02 as follows:
§ 19.2-265.3. Nolle prosequi; discretion of court upon good cause shown.
Nolle prosequi shall be entered only in the discretion of the court, upon motion of the Commonwealth with good cause therefor shown. For purposes of this section, "good cause" means that (i) the particular circumstances relating to the facts of the case, (ii) the general deterrence value of prosecuting a case, or (iii) the limits on agency resources or competing prosecutorial priorities make such case unprosecutable or not in the interests of the Commonwealth to prosecute such case at such time.
§ 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, and with or without a determination of guilt, upon consideration of the facts and circumstances of the case including (i) mitigating factors relating to the defendant, (ii) the request of the victim, or (iii) any other appropriate factors, upon its own motion with the consent of the defendant or with the agreement of the defendant and the Commonwealth, defer proceedings or defer entry of a final order of guilt and place the defendant under probation to comply with reasonable terms and conditions as specified by the court, to be placed on the record, that shall include probation and either (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings.
B. Upon fulfillment of such terms and conditions, the court shall adjudicate the matter consistent with the terms and conditions specified in the record pursuant to subsection A.
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 or a deferral of entry of a final order of guilt, 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.
D. Any charge that is dismissed pursuant to this section without a finding of guilt shall be eligible for expungement as provided in Chapter 23.1 (§ 19.2-392.1 et seq.) and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.