Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. (SB5033)

Introduced By

Sen. Scott Surovell (D-Mount Vernon) with support from co-patrons Del. Kaye Kory (D-Falls Church), Sen. Jennifer McClellan (D-Richmond), and Sen. Joe Morrissey (D-Richmond)


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


08/13/2020Prefiled and ordered printed; offered 08/18/20 20200573D
08/13/2020Referred to Committee on the Judiciary
08/20/2020Senate committee, floor amendments and substitutes offered
08/20/2020Reported from Judiciary with substitute (12-Y 2-N 1-A) (see vote tally)
08/20/2020Committee substitute printed 20200796D-S1
08/26/2020Constitutional reading dispensed (34-Y 0-N) (see vote tally)
08/27/2020Read second time
08/27/2020Reading of substitute waived
08/27/2020Committee substitute agreed to 20200796D-S1
08/27/2020Engrossed by Senate - committee substitute SB5033S1
08/28/2020Read third time and passed Senate (30-Y 6-N) (see vote tally)
09/01/2020Impact statement from DPB (SB5033S1)
09/17/2020Placed on Calendar
09/17/2020Read first time
09/17/2020Referred to Committee for Courts of Justice
09/22/2020House committee, floor amendments and substitutes offered
09/22/2020Reported from Courts of Justice with substitute (13-Y 7-N) (see vote tally)
09/22/2020Committee substitute printed 20201236D-H1
09/24/2020Read second time
09/25/2020Read third time
09/25/2020Committee substitute agreed to 20201236D-H1
09/25/2020Engrossed by House - committee substitute SB5033H1
09/25/2020Passed House with substitute (53-Y 44-N)
09/25/2020VOTE: Adoption (53-Y 44-N) (see vote tally)
09/29/2020Impact statement from DPB (SB5033H1)
10/02/2020House substitute agreed to by Senate (31-Y 7-N) (see vote tally)
10/02/2020Title replaced 20201236D-H1
10/07/2020Bill text as passed Senate and House (SB5033ER)
10/07/2020Signed by President
10/07/2020Signed by Speaker
10/08/2020Impact statement from DPB (SB5033ER)
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 20 (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)
10/21/20201st day of the 4th month following the month of adjournment, sine die, of this special session)
10/21/2020G Approved by Governor-Chapter 20 (effective 3/1/21)
10/21/2020G Acts of Assembly Chapter text (CHAP0020)