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)

Description

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 »

Outcome

History