Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause.
Summary
Juvenile intake and petition; appeal to a magistrate on a finding of no probable cause. Limits the ability to appeal a decision by an intake officer not to authorize a petition relating to an offense that, if committed by an adult, would be punishable as a Class 1 misdemeanor or felony, when the decision is based solely upon a finding of no probable cause. The bill requires the application for a warrant to the magistrate to be filed within 10 days of the issuance of the written notification from the intake officer to the complainant of the refusal to authorize a petition. The bill also provides that such written notification shall indicate that the intake officer made a finding that no probable cause exists and provide notice that the complainant has 10 days to apply for a warrant to the magistrate. The bill requires the complainant to provide the magistrate with a copy of the written notification upon application to the magistrate. The bill also specifies that if an intake officer finds (i) probable cause and (ii) that the matter is appropriate for diversion, this decision is final, and the complainant shall not have the right to appeal the decision to a magistrate.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2021
Committee Review
Feb 2021
House of Delegates Passage
Jan 2021
Senate Passage
Feb 2021
Signed into Law
Feb 2021
Introduced Jan 8, 2021
Signed Feb 25, 2021
Floor votes · Senate Feb 12, 2021 · House of Delegates Jan 25, 2021
How they voted
33–0
Passed
Total votes 33
Feb 12, 2021
D
Democratic17
100% Yea
R
Republican16
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
29
Key actions
9
Committee
8
Amendments
1
Feb 25, 2021
Signed into law
Approved by Governor-Chapter 30 (effective 7/1/21)
executive
Feb 15, 2021
Upper · Passed
Passed Senate (21-Y 18-N)
upper
Feb 12, 2021
Senate · Passed
Senate Vote: pass (33-0)
senate
Feb 10, 2021
Upper · Passed
Reported from Judiciary (9-Y 6-N)
upper
Jan 26, 2021
Committee
Referred to Committee on the Judiciary
upper
Jan 25, 2021
Lower · Passed
Read third time and passed House (64-Y 36-N)
lower
Jan 22, 2021
Introduced
Engrossed by House as amended HB1878E
lower
Jan 22, 2021
Lower · Passed
Committee amendment agreed to
lower
Jan 20, 2021
Lower · Passed
Reported from Courts of Justice with amendment(s) (16-Y 5-N)
lower
Jan 15, 2021
Lower · Passed
Subcommittee recommends reporting with amendments (6-Y 1-N)
lower
Jan 15, 2021
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 14, 2021
Committee
Assigned Courts sub: Criminal
lower
Jan 8, 2021
Committee
Referred to Committee for Courts of Justice
lower
Jan 8, 2021
Introduced
Prefiled and ordered printed; offered 01/13/21 21101948D
lower
1 primary · 4 co-sponsors
Sponsors
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