Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment.

Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment. Provides that no person who was arrested on a charge of felony shall be denied a preliminary hearing upon the question of whether there is reasonable ground to believe that he committed the that offense and no indictment shall be returned in a court of record against any such person for that charge, any other charge that would be a greater or lesser offense of that charge, or any other charge arising out of the same transaction or occurrence of that charge prior to such hearing unless such hearing is waived in writing by the accused. The bill specifies that no court shall grant any motion by the Commonwealth to nolle prosequi or dismiss a felony charge prior to conducting a preliminary hearing on that charge without the consent of the defendant.The bill provides that on motion of the defendant, a court in which any such indictment is returned in violation of such requirements shall dismiss any such indictment, or upon motion of the Commonwealth, shall stay prosecution in that court and remand the case to district court for a preliminary hearing on any felony charge for which such defendant was indicted. Upon a remand to the district court for such preliminary hearing, the district court shall conduct the hearing on the felony charge contained in the indictment and shall then return the indictment to the circuit court for further proceedings.