Assault and battery against a family or household member; deferred disposition, waiver of appeal.
Summary
Provides that a person charged with a first offense of assault against a family or household member who consents to probation and a deferred disposition of the charge has no right of appeal if he is subsequently found guilty of the original charge for a violation of the terms of his probation. The bill provides that a person may file a motion to withdraw his consent within 10 days of entry of the order deferring proceedings and the court shall schedule a hearing within 30 days of receipt of the motion. The bill provides further that if the person appears at the hearing and requests to withdraw his consent, the court shall grant the request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person fails to appear at the hearing, the court shall deny the motion.
Bill status
passed
4 of 5 stages cleared
Introduction
Jan 2017
Committee Review
Feb 2017
House of Delegates Passage
Apr 2017
Senate Passage
Feb 2017
Governor
Introduced Jan 10, 2017
Last action Apr 5, 2017
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
43
Key actions
12
Committee
11
Amendments
1
Apr 5, 2017
Executive · Passed
Governor's recommendation adopted
executive
Apr 5, 2017
Legislature · Passed
House concurred in Governor's recommendation (98-Y 0-N)
legislature
Feb 24, 2017
Legislature · Passed
Conference report agreed to by House (94-Y 0-N)
legislature
Feb 24, 2017
Legislature · Passed
Passed by temporarily
legislature
Feb 24, 2017
Legislature · Passed
Amended by conference committee
legislature
Feb 22, 2017
Legislature · Passed
Senate requested conference committee
legislature
Feb 20, 2017
Legislature · Passed
Engrossed by Senate - committee substitute HB1851S1
legislature
Feb 20, 2017
Legislature · Passed
Committee substitute agreed to 17105454D-S1
legislature
Feb 16, 2017
Committee
Recommitted to Courts of Justice
legislature
Feb 16, 2017
Legislature · Passed
Motion to recommit to committee agreed to
legislature
Feb 15, 2017
Legislature · Passed
Passed by for the day
legislature
Feb 3, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Feb 2, 2017
Legislature · Passed
Read third time and passed House (94-Y 0-N)
legislature
Feb 1, 2017
Introduced
Engrossed by House as amended HB1851E
legislature
Feb 1, 2017
Legislature · Passed
Committee amendment agreed to
legislature
Jan 13, 2017
Committee
Assigned Courts sub: Criminal Law
legislature
Jan 10, 2017
Committee
Referred to Committee for Courts of Justice
legislature
Jan 10, 2017
Introduced
Prefiled and ordered printed; offered 01/11/17 17102595D
legislature
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Todd Gilbert
RRepublican
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