SB 5033 Virginia Senate · 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
Senate Passage
Aug 2020
House of Delegates Passage
Sep 2020
Signed into Law
Oct 2020
Introduced Aug 13, 2020 Signed Oct 21, 2020
Floor votes · Senate Aug 28, 2020 · House of Delegates Sep 25, 2020

How they voted

30–6
Passed · 4 other
Total votes 40
Aug 28, 2020
D Democratic21
21 Yea
100% Yea
R Republican19
9 Yea 6 Nay 4
47% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
34
Key actions
11
Committee
10
Oct 21, 2020
Signed into law
Approved by Governor-Chapter 20 (effective 3/1/21)
executive
Sep 25, 2020
Lower · Passed
Passed House with substitute (53-Y 44-N)
lower
Sep 25, 2020
Lower · Passed
Engrossed by House - committee substitute SB5033H1
lower
Sep 25, 2020
Lower · Passed
Committee substitute agreed to 20201236D-H1
lower
Sep 22, 2020
Lower · Passed
Reported from Courts of Justice with substitute (13-Y 7-N)
lower
Sep 22, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Sep 17, 2020
Committee
Referred to Committee for Courts of Justice
lower
Aug 28, 2020
Upper · Passed
Read third time and passed Senate (30-Y 6-N)
upper
Aug 27, 2020
Upper · Passed
Engrossed by Senate - committee substitute SB5033S1
upper
Aug 27, 2020
Upper · Passed
Committee substitute agreed to 20200796D-S1
upper
Aug 20, 2020
Upper · Passed
Reported from Judiciary with substitute (12-Y 2-N 1-A)
upper
Aug 20, 2020
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Aug 13, 2020
Committee
Referred to Committee on the Judiciary
upper
Aug 13, 2020
Introduced
Prefiled and ordered printed; offered 08/18/20 20200573D
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.