HB 5062 Virginia House of Delegates · 2020, 1st Special Session

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

Summary
Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. Requires a court to grant a motion to dismiss made by the Commonwealth, whether with or without prejudice, and with the consent of the defendant unless the court finds by clear and convincing evidence that the motion was made as the result of (i) bribery or (ii) bias or prejudice toward a victim because of the race, religious conviction, gender, disability, gender identity, sexual orientation, color, or national origin of the victim. The bill 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.
Bill status signed all 5 stages cleared
Introduction
Aug 2020
Committee Review
Sep 2020
House of Delegates Passage
Sep 2020
Senate Passage
Oct 2020
Signed into Law
Oct 2020
Introduced Aug 18, 2020 Signed Oct 21, 2020
Floor votes · Senate Oct 1, 2020 · House of Delegates Sep 4, 2020

How they voted

31–9
Passed
Total votes 40
Oct 1, 2020
D Democratic21
21 Yea
100% Yea
R Republican19
10 Yea 9 Nay
52% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
38
Key actions
8
Committee
7
Oct 21, 2020
Signed into law
Approved by Governor-Chapter 21 (effective 3/1/21)
executive
Oct 1, 2020
Upper · Passed
Passed Senate with substitute (31-Y 9-N)
upper
Oct 1, 2020
Upper · Passed
Passed by temporarily
upper
Sep 24, 2020
Upper · Passed
Reported from Finance and Appropriations with substitute (16-Y 0-N)
upper
Sep 24, 2020
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Sep 16, 2020
Committee
Rereferred to Finance and Appropriations
upper
Sep 16, 2020
Upper · Passed
Reported from Judiciary with substitute (8-Y 1-N)
upper
Sep 9, 2020
Committee
Referred to Committee on the Judiciary
upper
Sep 4, 2020
Lower · Passed
Read third time and passed House (55-Y 43-N)
lower
Aug 26, 2020
Lower · Passed
Reported from Courts of Justice (13-Y 8-N)
lower
Aug 18, 2020
Committee
Referred to Committee for Courts of Justice
lower
Aug 18, 2020
Introduced
Prefiled and ordered printed; offered 08/18/20 20200387D
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.