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