Criminal Procedure

State (Virginia)
Virginia 2017 Regular Session

Police and court records; expungement of records. [HB-1908] [Crime ] [Criminal Justice ] [Public Safety ]
Expungement of police and court records. Provides that a court that enters a nolle prosequi for a criminal charge or dismisses such charge for any reason may, upon motion of the person charged and with the agreement of the attorney for the Commonwealth, enter an order requiring the expungement of the police and court records relating to the charge.

  

Sponsored by: Rep. Steve Heretick Left In Courts Of Justice on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Capital cases; replacing certain terminology. [HB-1882] [Crime ] [Criminal Justice ] [Public Safety ] [Mental Health ] [Disabilities ]
Capital cases; replacing certain terminology. Replaces the term "mental retardation" in all of its various iterations with a corresponding iteration of the term "intellectual disability" for purposes of the statutes governing capital cases. The U.S. Supreme Court has held in Hall v. Florida, 134 S. Ct. 1986 (2014), that the terms describe the identical phenomenon. This bill is a recommendation of the Virginia State Crime Commission. This bill is identical to SB 1352.

  

Sponsored by: Rep. Eileen Filler-Corn Governor: Acts Of Assembly Chapter Text (chap0086) on 02/20/2017

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State (Texas)
Texas 85th Legislature Regular Session

Relating to the admissibility of certain recorded statements made by child abuse victims. [HB-1122] [Children and Youth ] [Crime ] [Criminal Justice ] [Public Safety ]
Relating to the admissibility of certain recorded statements made by child abuse victims.

  

Sponsored by: Rep. John Wray Scheduled For Public Hearing On . . . on 04/10/2017

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State (Virginia)
Virginia 2017 Regular Session

Temporary detention; minimum time period. [HB-1975] [Mental Health ] [Public Health ] [Healthcare ] [Law Enforcement ] [Criminal Justice ] [Crime ]
Temporary detention; minimum time period. Provides that an inmate in a jail or an acquittee on conditional release held pursuant to a temporary detention order shall be held for at least 23 hours after the execution of the order. The bill also provides that a person held pursuant to a temporary detention order shall be held for up to 24 hours after admission to the facility of temporary detention for the provision of mental health treatment to stabilize such person's psychiatric condition. Currently, an inmate, acquittee, or person may be held pursuant (continued...)

  

Sponsored by: Rep. Joseph Yost Left In Courts Of Justice on 02/07/2017

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State (South Dakota)
South Dakota 2017 Regular Session

Provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency. [HB-1183] [Mental Health ] [Crime ] [Criminal Justice ] [Public Safety ] [Budget and Spending ] [Law Enforcement ]
Provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency.

  

Sponsored by: Rep. Karen Soli Signed By The Governor On March 15, 2017 H.j. 763 on 03/27/2017

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State (Tennessee)
Tennessee 110th General Assembly

As introduced, authorizes the board of claims to hear claims for compensation by persons whose convictions are vacated based on DNA evidence after serving at least 25 years in prison and to grant appropriate relief. - Amends TCA Title 8; Title 9, Chapter 8, Part 1 and Title 40. [HB-890] [Crime ] [Criminal Justice ]
As introduced, authorizes the board of claims to hear claims for compensation by persons whose convictions are vacated based on DNA evidence after serving at least 25 years in prison and to grant appropriate relief. - Amends TCA Title 8; Title 9, Chapter 8, Part 1 and Title 40.

  

Sponsored by: Sen. Mark Pody Sponsor Change. on 01/17/2018

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State (Virginia)
Virginia 2017 Regular Session

Concealed handguns; protective orders. [HB-1852] [Firearms/Gun Control ] [Crime ] [Public Safety ] [Law Enforcement ]
Carrying concealed handguns; protective orders. Authorizes any person 21 years of age or older who is not prohibited from purchasing, possessing, or transporting a firearm and is protected by an unexpired protective order to carry a concealed handgun for 45 days after the protective order was issued. The bill provides that if the person issued the protective order applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified (continued...)

  

Sponsored by: Rep. Rick Morris (67 Affirmative Votes Required To Override) on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Driver's license; suspension for nonpayment of fines or costs. [HB-1862] [Transportation and Motor Vehicles ] [Law Enforcement ] [Criminal Justice ] [Public Safety ]
Suspension of driver's license for nonpayment of fines or costs. Removes the requirement that a court suspend the driver's license of a person convicted of any violation of the law who fails or refuses to provide for immediate payment of fines or costs. The bill allows a court, after 90 days of nonpayment where the court finds the nonpayment was not an intentional refusal to obey the sentence of the court, to provide additional time for payment, reduce the amount of each payment installment, assign community service in lieu of payment, or waive (continued...)

  

Sponsored by: Rep. Alfonso Lopez Left In Courts Of Justice on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Search warrants; customer records from financial institutions. [HB-1874] [Finance ] [Crime ] [Data Privacy ] [Law Enforcement ] [Public Safety ]
Search warrants; customer records from financial institutions. Provides that a search warrant for records pertaining to a customer of a financial institution, money transmitter, commercial business that provides credit reports, or credit card issuer may be executed in the Commonwealth by hand, mail, commercial delivery service, facsimile, or other electronic means. The bill requires the executing officer to file the warrant in the circuit court clerk's office where the warrant was executed within three days after receiving the ordered records. The (continued...)

  

Sponsored by: Rep. Brenda Pogge Governor: Acts Of Assembly Chapter Text (chap0641) on 03/20/2017

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State (Texas)
Texas 85th Legislature Regular Session

Relating to the creation of the offense of prohibited conduct of a bail bond surety. [HB-1088] [Crime ] [Criminal Justice ] [Public Safety ]
Relating to the creation of the offense of prohibited conduct of a bail bond surety.

  

Sponsored by: Rep. Sergio Munoz Scheduled For Public Hearing On . . . on 03/13/2017

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State (South Dakota)
South Dakota 2017 Regular Session

Revise certain provisions regarding concealed carry permits and to declare an emergency. [HB-1147] [Firearms/Gun Control ] [Public Safety ] [Law Enforcement ] [Crime ]
Revise certain provisions regarding concealed carry permits and to declare an emergency.

  

Sponsored by: Sen. Jim Stalzer Signed By The Governor On March 10, 2017 H.j. 762 on 03/27/2017

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State (Tennessee)
Tennessee 110th General Assembly

As introduced, authorizes the board of claims to hear claims for compensation by persons whose convictions are vacated based on DNA evidence after serving at least 25 years in prison and to grant appropriate relief. - Amends TCA Title 8; Title 9, Chapter 8, Part 1 and Title 40. [SB-750] [Crime ] [Criminal Justice ]
As introduced, authorizes the board of claims to hear claims for compensation by persons whose convictions are vacated based on DNA evidence after serving at least 25 years in prison and to grant appropriate relief. - Amends TCA Title 8; Title 9, Chapter 8, Part 1 and Title 40.

  

Sponsored by: Sen. Mae Beavers Passed On Second Consideration, Refer To Senate Judiciary Committee on 02/13/2017

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State (South Dakota)
South Dakota 2017 Regular Session

Revise certain provisions regarding violations of county and municipal ordinances. [HB-1164] [Crime ] [Law Enforcement ] [Public Safety ] [Criminal Justice ]
Revise certain provisions regarding violations of county and municipal ordinances.

  

Sponsored by: Rep. Blaine Campbell Scheduled For Hearing on 02/14/2017

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State (Texas)
Texas 85th Legislature Regular Session

Relating to the punishment for the offense of burglary of a vehicle; increasing a criminal penalty. [HB-1078] [Crime ] [Criminal Justice ] [Public Safety ]
Relating to the punishment for the offense of burglary of a vehicle; increasing a criminal penalty.

  

Sponsored by: Rep. Jim Murphy Read First Time on 02/21/2017

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State (Virginia)
Virginia 2017 Regular Session

Restitution; supervised probation. [HB-1856] [Crime ] [Criminal Justice ] [Public Safety ]
Restitution; probation. Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation until all ordered restitution is paid in full. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution, if any, 30 days prior to the defendant's release from supervision. (continued...)

  

Sponsored by: Rep. Robert Bell Governor: Vetoed By Governor on 05/03/2017

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State (Virginia)
Virginia 2017 Regular Session

Model addiction recovery program; DCJS, et al., to develop. [HB-1845] [Crime ] [Mental Health ] [Public Health ] [Criminal Justice ] [Overdose Prevention ] [Healthcare ]
Department of Criminal Justice Services; model addiction recovery program; jails. Requires the Department of Criminal Justice Services, in consultation with the Department of Behavioral Health and Developmental Services, to develop a model addiction recovery program that may be administered by sheriffs, deputy sheriffs, jail officers, administrators, or superintendents in any local or regional jail. The bill provides that such programs shall be based on existing addiction recovery programs being administered by any local or regional jails in the (continued...)

  

Sponsored by: Rep. John O'Bannon Governor: Acts Of Assembly Chapter Text (chap0758) on 03/24/2017

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State (Tennessee)
Tennessee 110th General Assembly

As introduced, requires the issuance of a certificate of voting rights restoration to a person who was convicted of an infamous crime in this state and received a pardon, was discharged from custody after serving or expiration of the maximum sentence imposed for the crime, or was granted a certificate of final discharge from supervision by the board of parole or county correction authority; requires the person to have paid all restitution to any victim and all court costs prior to receiving a certificate of voting rights restoration. - Amends TCA Title 40, Chapter 29. [HB-857] [Voting Rights ] [Crime ] [Criminal Justice ] [Elections ]
As introduced, requires the issuance of a certificate of voting rights restoration to a person who was convicted of an infamous crime in this state and received a pardon, was discharged from custody after serving or expiration of the maximum sentence imposed for the crime, or was granted a certificate of final discharge from supervision by the board of parole or county correction authority; requires the person to have paid all restitution to any victim and all court costs prior to receiving a certificate of voting rights restoration. - Amends TCA (continued...)

  

Sponsored by: Rep. G.A. Hardaway Assigned To S/c Criminal Justice Subcommittee on 02/17/2017

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State (Tennessee)
Tennessee 110th General Assembly

As introduced, adds the offense of aggravated burglary to the list of offenses ineligible for judicial diversion. - Amends TCA Title 39, Chapter 13; Title 39, Chapter 15 and Title 40, Chapter 35. [SB-682] [Crime ] [Criminal Justice ] [Public Safety ]
As introduced, adds the offense of aggravated burglary to the list of offenses ineligible for judicial diversion. - Amends TCA Title 39, Chapter 13; Title 39, Chapter 15 and Title 40, Chapter 35.

  

Sponsored by: Sen. Ken Yager Assigned To General Subcommittee Of Senate Finance, Ways & Means Committe on 04/09/2018

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State (South Dakota)
South Dakota 2017 Regular Session

Revise certain provisions regarding open records. [HB-1166] [Data Privacy ]
Revise certain provisions regarding open records.

  

Sponsored by: Sen. Jim Stalzer Scheduled For Hearing on 02/08/2017

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State (Virginia)
Virginia 2017 Regular Session

Victims of domestic violence, etc.; firearms safety or training course. [HB-1853] [Firearms/Gun Control ] [Crime ] [Public Safety ] [Criminal Justice ] [Funding ] [Grants ] [Human Services ] [Public Health ] [Family-Related Legislation ]
Victims of domestic violence, etc.; firearms safety or training course. Creates the Virginia Firearms Safety and Training for Sexual and Domestic Violence Victims Fund. The bill provides that the Department of Criminal Justice Services may distribute funds from the Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, or family abuse. The Department would not be permitted to issue reimbursements in excess of the amount (continued...)

  

Sponsored by: Rep. Rick Morris (67 Affirmative Votes Required To Override) on 04/05/2017

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