Bill Text: VA HB51 | 2012 | Regular Session | Prefiled


Bill Title: Deferred disposition; trial court shall announce judgment within 72 hours of guilt phase of trial.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-30 - House: Incorporated by Courts of Justice [HB51 Detail]

Download: Virginia-2012-HB51-Prefiled.html
12100392D
HOUSE BILL NO. 51
Offered January 11, 2012
Prefiled December 19, 2011
A BILL to amend the Code of Virginia by adding a section numbered 19.2-298.02, relating to court authority to defer and dismiss a criminal case.
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Patron-- Albo
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 19.2-298.02 as follows:

§19.2-298.02. Deferred disposition in a criminal case.

Except as otherwise provided law, a trial court presiding in a criminal case shall, unless all parties agree to a waiver of the requirement, either announce a judgment of conviction or acquittal in the presence of all parties or enter a written order of conviction or acquittal to be supplied to all parties (i) within 72 hours of entry of a plea of guilty or nolo contendere by the defendant; (ii) in a jury trial, within 72 hours of the return of a jury verdict in the guilt phase; or (iii) in a bench trial, within 72 hours of the conclusion of the presentation of evidence and argument by the parties. Upon its announcement of, or entry of a written order of, conviction, the court shall make prompt arrangements to proceed to sentencing.

If circumstances exist that render the court unable to comply with the 72-hour deadline or that justify further consideration of a material matter, the court may, upon notice to all parties, delay announcement of the verdict or entry of the written order for 21 additional days.

If the court declares a mistrial and a new trial is permissible, the court shall arrange for a new trial without undue delay.

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