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)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
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
Date | Action |
---|---|
08/13/2020 | Prefiled and ordered printed; offered 08/18/20 20200573D |
08/13/2020 | Referred to Committee on the Judiciary |
08/20/2020 | Senate committee, floor amendments and substitutes offered |
08/20/2020 | Reported from Judiciary with substitute (12-Y 2-N 1-A) (see vote tally) |
08/20/2020 | Committee substitute printed 20200796D-S1 |
08/26/2020 | Constitutional reading dispensed (34-Y 0-N) (see vote tally) |
08/27/2020 | Read second time |
08/27/2020 | Reading of substitute waived |
08/27/2020 | Committee substitute agreed to 20200796D-S1 |
08/27/2020 | Engrossed by Senate - committee substitute SB5033S1 |
08/28/2020 | Read third time and passed Senate (30-Y 6-N) (see vote tally) |
09/01/2020 | Impact statement from DPB (SB5033S1) |
09/17/2020 | Placed on Calendar |
09/17/2020 | Read first time |
09/17/2020 | Referred to Committee for Courts of Justice |
09/22/2020 | House committee, floor amendments and substitutes offered |
09/22/2020 | Reported from Courts of Justice with substitute (13-Y 7-N) (see vote tally) |
09/22/2020 | Committee substitute printed 20201236D-H1 |
09/24/2020 | Read second time |
09/25/2020 | Read third time |
09/25/2020 | Committee substitute agreed to 20201236D-H1 |
09/25/2020 | Engrossed by House - committee substitute SB5033H1 |
09/25/2020 | Passed House with substitute (53-Y 44-N) |
09/25/2020 | VOTE: Adoption (53-Y 44-N) (see vote tally) |
09/29/2020 | Impact statement from DPB (SB5033H1) |
10/02/2020 | House substitute agreed to by Senate (31-Y 7-N) (see vote tally) |
10/02/2020 | Title replaced 20201236D-H1 |
10/07/2020 | Enrolled |
10/07/2020 | Bill text as passed Senate and House (SB5033ER) |
10/07/2020 | Signed by President |
10/07/2020 | Signed by Speaker |
10/08/2020 | Impact statement from DPB (SB5033ER) |
10/14/2020 | Enrolled Bill Communicated to Governor on October 14, 2020 |
10/14/2020 | G Governor's Action Deadline 11:59 p.m., October 21, 2020 |
10/21/2020 | G Approved by Governor-Chapter 20 (Per Article IV, Section 13, this bill will be effective on the |
10/21/2020 | first day of the fourth month following the month adjournment sine die of this special session) |
10/21/2020 | 1st day of the 4th month following the month of adjournment, sine die, of this special session) |
10/21/2020 | G Approved by Governor-Chapter 20 (effective 3/1/21) |
10/21/2020 | G Acts of Assembly Chapter text (CHAP0020) |