VA HB1165 | 2022 | Regular Session


Spectrum: Partisan Bill (Democrat 3-0)
Status: Introduced on January 14 2022 - 25% progression
Action: 2022-01-14 - Referred to Committee for Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Introduced) [HTML]


Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment; depositions. Provides that if the district court enters a nolle prosequi or grants a dismissal without prejudice upon motion of the attorney for the Commonwealth on a misdemeanor or felony warrant prior to conducting a preliminary hearing and the defendant is subsequently indicted by a grand jury for the same offense, then (i) on the defendant's motion, the case shall be remanded to the district court for a preliminary hearing or (ii) the court may, with the consent of the defendant, direct that the depositions of any witnesses whose testimony would have been relevant in determining probable cause be taken. The bill provides that such depositions shall be taken before a judge of the circuit court in which such indictments were returned, and the judge shall rule upon all questions of evidence and otherwise control the taking of the same as though it were taken in open court.

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



2022-01-14HouseReferred to Committee for Courts of Justice
2022-01-14HousePresented and ordered printed 22101916D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
192218(n/a)See Bill Text

Virginia State Sources

Bill Comments