Virginia House Bill 5142 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 9-0)
Status: Introduced on August 26 2020 - 25% progression, died in committee
Action: 2020-11-09 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Introduced) [HTML]

Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. 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. The bill provides that such dispositions may be eligible for expungement upon the agreement of all parties. The bill also provides that "good cause" for purposes of a nolle prosequi includes that (i) the particular circumstances relating to the facts of the case, (ii) the general deterrence value of prosecuting a case, or (iii) the limits on agency resources or competing prosecutorial priorities make such case unprosecutable or not in the interests of the Commonwealth to prosecute such case at such time.

Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case.

Del. Clinton Jenkins [D]	Sen. Lamont Bagby [D]	Sen. Jennifer Carroll Foy [D]	Del. Patrick Hope [D]
Del. Mark Levine [D]	Del. Joesph Lindsey [D]	Del. Sam Rasoul [D]	Del. Ibraheem Samirah [D]
Del. Don Scott [D]

Date	Chamber	Action
2020-11-09	House	Left in Courts of Justice
2020-08-26	House	Referred to Committee for Courts of Justice
2020-08-26	House	Presented and ordered printed 20200907D

Chapter	Article	Section	Citation Type	Statute Text
19	2	265.3	(n/a)	See Bill Text
19	2	298.02	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+HB5142
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5142+hil