Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment. (HB1165)

Introduced By

Del. Nadarius Clark (D-Portsmouth) with support from co-patrons Del. Patrick Hope (D-Arlington), and Del. Don Scott (D-Portsmouth)

Progress

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

Description

Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment; depositions. Provides that if the district court enters a nolle prosequi or grants a dismissal without prejudice upon motion of the attorney for the Commonwealth on a misdemeanor or felony warrant prior to conducting a preliminary hearing and the defendant is subsequently indicted by a grand jury for the same offense, then (i) on the defendant's motion, the case shall be remanded to the district court for a preliminary hearing or (ii) the court may, with the consent of the defendant, direct that the depositions of any witnesses whose testimony would have been relevant in determining probable cause be taken. The bill provides that such depositions shall be taken before a judge of the circuit court in which such indictments were returned, and the judge shall rule upon all questions of evidence and otherwise control the taking of the same as though it were taken in open court. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/14/2022Committee
01/14/2022Presented and ordered printed 22101916D
01/14/2022Referred to Committee for Courts of Justice
01/22/2022Assigned Courts sub: Subcommittee #1
01/24/2022Subcommittee recommends passing by indefinitely (5-Y 3-N)
02/15/2022Left in Courts of Justice

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