Virginia House Bill 1165 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 4-0)
Status: Introduced on January 14 2022 - 25% progression, died in committee
Action: 2022-02-15 - Left in 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.

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

Del. Nadarius Clark [D]

Del. Don Scott [D]

Del. Patrick Hope [D]

Del. Marcia Price [D]

2022-01-24 - House - House: Subcommittee recommends passing by indefinitely (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2022-02-15	House	Left in Courts of Justice
2022-01-24	House	Subcommittee recommends passing by indefinitely (5-Y 3-N)
2022-01-22	House	Assigned Courts sub: Subcommittee #1
2022-01-14	House	Referred to Committee for Courts of Justice
2022-01-14	House	Presented and ordered printed 22101916D

Chapter	Article	Section	Citation Type	Statute Text
19	2	218	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB1165
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+HB1165+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+H0801V0019+HB1165