Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause. (HB1878)

Introduced By

Del. Clinton Jenkins (D-Suffolk) with support from co-patrons Del. Charniele Herring (D-Alexandria), Del. Patrick Hope (D-Arlington), Del. Alfonso Lopez (D-Arlington), and Del. Ibraheem Samirah (D-Herndon)

Description

Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause. Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. The bill requires the application for a warrant to the magistrate to be filed within 10 days of the issuance of the written notification from the intake officer to the complainant of the refusal to authorize a petition. The bill also provides that such written notification shall indicate that the intake officer made a finding that no probable cause exists and provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The bill requires the complainant to provide the magistrate with a copy of the written notification upon application to the magistrate. The bill also specifies that if an intake officer finds (i) probable cause and (ii) that the matter is appropriate for diversion, this decision is final, and the complainant shall not have the right to appeal the decision to a magistrate. Read the Bill »

Status

02/25/2021: signed by governor

History