VA SB144 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 1-0)
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - Senate sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on March 20 2024 - 100% progression
Action: 2024-04-17 - Senate sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Summary
Nolle prosequi or dismissal prior to preliminary hearing; subsequent indictment. Provides that no person who was arrested on a warrant charging him with a felony offense shall be denied a preliminary hearing upon the question of whether there is probable cause to believe that he committed that offense and no indictment shall be returned in a court of record against any such person for such felony offense or any other offense arising out of the same facts and circumstances prior to such hearing unless such hearing is waived in writing by the accused. Nolle prosequi or dismissal prior to preliminary hearing; subsequent indictment. Provides that no person who was arrested on a warrant charging him with a felony offense shall be denied a preliminary hearing upon the question of whether there is probable cause to believe that he committed that offense and no indictment shall be returned in a court of record against any such person for such felony offense or any other offense arising out of the same facts and circumstances prior to such hearing unless such hearing is waived in writing by the accused. The bill provides that, on motion of the defendant made within 21 days of service of any such indictment upon such defendant that is returned without a preliminary hearing, the court shall stay prosecution in that court and remand the case to district court for a preliminary hearing. Upon conducting the preliminary hearing, the district court shall either (i) on a finding of probable cause, certify such indictment to the circuit court for further proceedings or (ii) if no probable cause is found, certify such finding to the circuit court, which shall dismiss such indictment with or without prejudice. Lastly, the bill tolls the time period to try an accused upon remand of an indictment to the district court for a preliminary hearing and restarts such time period upon a finding of probable cause by the district court.
Title
Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment.
Sponsors
Roll Calls
2024-03-01 - Senate - Senate: House substitute agreed to by Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2024-02-28 - House - House: VOTE: Passage (52-Y 48-N) (Y: 52 N: 48 NV: 0 Abs: 0) [PASS]
2024-02-23 - House - House: Reported from Courts of Justice with substitute (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-02-21 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-12 - Senate - Senate: Reported from Courts of Justice with substitute (8-Y 6-N) (Y: 8 N: 6 NV: 0 Abs: 0) [PASS]
2024-02-28 - House - House: VOTE: Passage (52-Y 48-N) (Y: 52 N: 48 NV: 0 Abs: 0) [PASS]
2024-02-23 - House - House: Reported from Courts of Justice with substitute (12-Y 9-N) (Y: 12 N: 9 NV: 0 Abs: 1) [PASS]
2024-02-21 - House - House: Subcommittee recommends reporting with substitute (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 1) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2024-02-13 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-12 - Senate - Senate: Reported from Courts of Justice with substitute (8-Y 6-N) (Y: 8 N: 6 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | Senate | Senate sustained Governor's veto |
| 2024-04-17 | Senate | Passed by for the day |
| 2024-03-20 | Governor: Vetoed by Governor | |
| 2024-03-11 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-11 | Senate | Enrolled Bill Communicated to Governor on March 11, 2024 |
| 2024-03-07 | Senate | Signed by President |
| 2024-03-06 | House | Signed by Speaker |
| 2024-03-06 | Senate | Bill text as passed Senate and House (SB144ER) |
| 2024-03-06 | Senate | Enrolled |
| 2024-03-01 | Senate | Title replaced 24108039D-H1 |
| 2024-03-01 | Senate | House substitute agreed to by Senate (23-Y 17-N) |
| 2024-02-28 | House | VOTE: Passage (52-Y 48-N) |
| 2024-02-28 | House | Passed House with substitute (52-Y 48-N) |
| 2024-02-28 | House | Engrossed by House - committee substitute SB144H1 |
| 2024-02-28 | House | Committee substitute agreed to 24108039D-H1 |
| 2024-02-28 | House | Read third time |
| 2024-02-27 | House | Read second time |
| 2024-02-23 | House | Committee substitute printed 24108039D-H1 |
| 2024-02-23 | House | Reported from Courts of Justice with substitute (12-Y 9-N) |
| 2024-02-21 | House | Subcommittee recommends reporting with substitute (5-Y 3-N) |
| 2024-02-16 | House | Assigned Courts sub: Criminal |
| 2024-02-15 | House | Referred to Committee for Courts of Justice |
| 2024-02-15 | House | Read first time |
| 2024-02-15 | House | Placed on Calendar |
| 2024-02-13 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-13 | Senate | Passed Senate (23-Y 17-N) |
| 2024-02-13 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-13 | Senate | Engrossed by Senate - committee substitute SB144S1 |
| 2024-02-13 | Senate | Committee substitute agreed to 24107654D-S1 |
| 2024-02-13 | Senate | Reading of substitute waived |
| 2024-02-13 | Senate | Read second time |
| 2024-02-12 | Senate | Committee substitute printed 24107654D-S1 |
| 2024-02-12 | Senate | Reported from Courts of Justice with substitute (8-Y 6-N) |
| 2024-01-10 | Senate | Moved from Judiciary to Courts of Justice due to a change of the committee name |
| 2024-01-05 | Senate | Referred to Committee for Courts of Justice |
| 2024-01-05 | Senate | Prefiled and ordered printed; offered 01/10/24 24102366D |
