Judicial emergency; administrative delays, prosecution of felony due to lapse of time. (HB104)

Introduced By

Del. Tim Anderson (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Prosecution of felony due to lapse of time; judicial emergency; administrative delays. Provides that the speedy trial provisions shall be tolled upon a declaration of a judicial emergency. The bill also provides that the speedy trial provisions shall be tolled upon administrative delays resulting from the enactment of Chapter 43 of the Acts of Assembly of 2020, Special Session I, and creates a process by which a party may file a motion for an immediate interlocutory appeal of a trial date set outside of the speedy trial provisions if such trial could not be scheduled due to such administrative delays. The provisions of the bill related to such administrative delays sunset on December 31, 2024. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/07/2022Prefiled and ordered printed; offered 01/12/22 22103646D
01/07/2022Referred to Committee for Courts of Justice
01/25/2022Impact statement from DPB (HB104)
02/02/2022Impact statement from DPB (HB104)
02/03/2022Assigned Courts sub: Subcommittee #4
02/04/2022House subcommittee amendments and substitutes offered
02/04/2022Subcommittee recommends reporting with substitute (5-Y 2-N)
02/07/2022Reported from Courts of Justice with substitute (12-Y 8-N) (see vote tally)
02/07/2022Committee substitute printed 22106123D-H1
02/09/2022Read first time
02/10/2022Read second time
02/10/2022Committee substitute agreed to 22106123D-H1
02/10/2022Engrossed by House - committee substitute HB104H1
02/11/2022Read third time and passed House (54-Y 43-N)
02/11/2022Impact statement from DPB (HB104H1)
02/11/2022VOTE: Passage (54-Y 43-N) (see vote tally)
02/14/2022Constitutional reading dispensed
02/14/2022Referred to Committee on the Judiciary
02/21/2022Passed by indefinitely in Judiciary (9-Y 6-N) (see vote tally)

Comments

MRWBA Legislative Committee, tracking this bill in Photosynthesis, notes:

This bill would have tolled speedy trial provisions upon declaration of a judicial emergency.

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