Bill Text: VA SB489 | 2020 | Regular Session | Comm Sub


Bill Title: Criminal cases; authority to defer and dismiss.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2020-03-12 - Failed to pass in Senate [SB489 Detail]

Download: Virginia-2020-SB489-Comm_Sub.html
20109422D
SENATE BILL NO. 489
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on March 2, 2020)
(Patron Prior to Substitute--Senator Surovell)
A BILL to amend and reenact §19.2-303.2 of the Code of Virginia, relating to deferred dispositions; property crimes; larceny and receiving stolen goods.

Be it enacted by the General Assembly of Virginia:

1. That §19.2-303.2 of the Code of Virginia is amended and reenacted as follows:

§19.2-303.2. Persons charged with first offense may be placed on probation.

Whenever any person who has not previously been convicted of any felony pleads guilty to or enters a plea of not guilty to any crime against property constituting a misdemeanor, under Articles Article 3 (§ 18.2-95 et seq.), 518.2-119 et seq.) except for a violation of § 18.2-130 or 18.2-130.1, 618.2-137 et seq.), 7 and18.2-144 et seq.), or 818.2-153 et seq.) of Chapter 518.2-119 et seq.) of Title 18.2, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions, which may include restitution for losses caused, set by the court. If the court defers further proceedings for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to §19.2-390, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the accused, taken by a law-enforcement officer pursuant to §19.2-390, and, if not, shall order that the fingerprints and photograph of the accused be taken by a law-enforcement officer. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to §19.2-390, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purpose of applying this section in subsequent proceedings.

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