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
100% Yea
R
Republican19
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.
Ask Maddy
·
AI policy assistant
Ask Maddy about SB 5033
Scope: VA
Hi! I can help you understand SB 5033. What would you like to know?
Try one of these
i
Maddy answers using official bill text and legislative records. Always verify before sharing.
Sources cited inline