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. 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. The bill provide that "good cause" includes 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. Read the Bill »


09/25/2020: Passed the House


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)
09/29/2020Impact statement from DPB (SB5033H1)

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