Criminal Procedure

State (Virginia)
Virginia 2017 Regular Session

Fines and court costs; community work in lieu of payment. [SB-833]
Community work in lieu of payment of fines and court costs. Extends to nonjailed defendants a program allowing community service in lieu of payment of fines and court costs.

  

Sponsored by: Sen. Mark Obenshain Passed By Indefinitely In Finance (15-y 1-n) on 02/01/2017

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State (Texas)
Texas 85th Legislature Regular Session

Relating to establishing a statewide electronic tracking system for evidence of a sex offense. [HB-281]
Relating to establishing a statewide electronic tracking system for evidence of a sex offense.

  

Sponsored by: Rep. Donna Howard Effective On 9/1/17 on 06/15/2017

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State (Tennessee)
Tennessee 110th General Assembly

As introduced, removes the intermediate appeal to the court of criminal appeals in death penalty cases; provides for automatic direct review by the Tennessee supreme court for convictions for which a sentence of death is imposed. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35. [HB-7]
As introduced, removes the intermediate appeal to the court of criminal appeals in death penalty cases; provides for automatic direct review by the Tennessee supreme court for convictions for which a sentence of death is imposed. - Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35.

  

Sponsored by: Rep. William Lamberth Held On Desk. on 03/16/2017

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State (Virginia)
Virginia 2017 Regular Session

New sentencing hearing; abolition of parole. [SB-825]
New sentencing hearing; abolition of parole. Provides that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for nonviolent felony committed prior to the time that the abolition of parole went into effect (January 1, 1995) is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that such person shall file (continued...)

  

Sponsored by: Sen. Jennifer McClellan Left In Courts Of Justice on 02/21/2017

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State (Texas)
Texas 85th Legislature Regular Session

Relating to certain substances listed in Penalty Group 2 of the Texas Controlled Substances Act. [SB-227]
Relating to certain substances listed in Penalty Group 2 of the Texas Controlled Substances Act.

  

Sponsored by: Sen. Joan Huffman Effective On 9/1/17 on 06/01/2017

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State (Texas)
Texas 85th Legislature Regular Session

Relating to the creation of records of the DNA of certain defendants for inclusion in the DNA database system. [HB-238]
Relating to the creation of records of the DNA of certain defendants for inclusion in the DNA database system.

  

Sponsored by: Sen. Charles Perry Effective On 9/1/17 on 06/01/2017

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State (Texas)
Texas 85th Legislature Regular Session

Relating to conditions of community supervision for defendants convicted of certain criminal offenses involving animals; authorizing fees. [HB-162]
Relating to conditions of community supervision for defendants convicted of certain criminal offenses involving animals; authorizing fees.

  

Sponsored by: Sen. Jose Menendez Effective On 9/1/17 on 06/15/2017

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State (Virginia)
Virginia 2017 Regular Session

Grand larceny & certain property crimes; increases threshold amount of money taken, etc., to $1,000. [SB-816]
Grand larceny; threshold. Increases from $200 to $500 the threshold amount of money taken or value of goods or chattel taken at which the crime rises from petit larceny to grand larceny. This bill incorporates SB923.

  

Sponsored by: Sen. John Petersen Left In Courts Of Justice on 02/21/2017

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State (Virginia)
Virginia 2017 Regular Session

Discretionary sentencing guidelines worksheets; use by juries. [SB-808]
Discretionary sentencing guideline worksheets; use by juries. Requires that the jury be given the applicable discretionary sentencing guideline worksheets during a sentencing proceeding and that the court instruct the jury that the sentencing guideline worksheets are discretionary and not binding on the jury. The bill requires sentencing guideline worksheets to be kept confidential by the jurors and filed under seal by the court.

  

Sponsored by: Sen. William Stanley Passed By Indefinitely In Courts Of Justice (8-y 7-n) on 01/25/2017

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State (Virginia)
Virginia 2017 Regular Session

Privately retained counsel; rules and regulations, client's failure to pay. [HB-1411]
Withdrawal of privately retained counsel. Allows a privately retained counsel in a criminal case to withdraw from representation without leave of court after certification of a charge by a district court by providing written notice within 10 days of the certification to the client, the attorney for the Commonwealth, and the circuit court, provided such withdrawal occurs pursuant to the terms of a written agreement between the attorney and the client. The bill also directs the Judicial Council to review the current process for withdrawal of privately (continued...)

  

Sponsored by: Rep. David Albo Governor: Acts Of Assembly Chapter Text (chap0774) on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Competency to stand trial; evaluations. [SB-797]
Competency to stand trial; evaluations. Allows the court on its own motion or that of either party to request an additional evaluation of the defendant's competency to stand trial after receipt of the first competency evaluation.

  

Sponsored by: Sen. Ryan McDougle Passed By Indefinitely In Finance (16-y 0-n) on 01/31/2017

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State (Virginia)
Virginia 2017 Regular Session

Police and court records; expungement of certain charges and convictions. [SB-796]
Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday, all court costs, fines, and restitution have been paid, and five years have elapsed since the date of completion of all terms of sentencing and probation.

  

Sponsored by: Sen. Jennifer McClellan Left In Courts Of Justice on 02/21/2017

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State (Virginia)
Virginia 2017 Regular Session

Human trafficking training; DCJS to establish for law-enforcement, etc. [SB-135]
Department of Criminal Justice Services; teacher licensure; human trafficking training. Requires the Department of Criminal Justice Services to establish compulsory training standards for law-enforcement personnel involved in criminal investigations or assigned to vehicle or street patrol duties to ensure that law-enforcement personnel are sensitive to and aware of human trafficking offenses and identification of human trafficking offenses. The bill also requires every person seeking initial licensure as a teacher and every person seeking renewal (continued...)

  

Sponsored by: Sen. John Edwards Left In Education And Health on 12/02/2016

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State (Virginia)
Virginia 2017 Regular Session

Expungement of certain charges and convictions. [SB-521]
Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's 21st birthday and five years have elapsed since the date of completion of all terms of sentencing and probation.

  

Sponsored by: Sen. Jeremy McPike Left In Courts Of Justice on 12/02/2016

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State (Virginia)
Virginia 2017 Regular Session

Police and court records; expungement of records. [SB-101]
Expungement of police and court records. Provides that a court that enters a nolle prosequi for a criminal charge shall, upon motion of the person charged, enter an order requiring the expungement of the police and court records relating to the charge. The bill also provides that a person whose charge is expunged because a nolle prosequi is taken or the charge is dismissed because the person arrested or charged was not the person named in the summons, warrant, indictment, or presentment shall not be required to pay any costs associated with the (continued...)

  

Sponsored by: Sen. John Cosgrove Left In Courts Of Justice on 12/02/2016

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State (Virginia)
Virginia 2017 Regular Session

Human trafficking training; DCJS to establish for law-enforcement, etc. [HB-678]
Department of Criminal Justice Services; human trafficking training. Requires the Department of Criminal Justice Services to establish compulsory training standards for law-enforcement personnel involved in criminal investigations or assigned to vehicle or street patrol duties to ensure that law-enforcement personnel are sensitive to and aware of human trafficking offenses

  

Sponsored by: Rep. Vivian Watts Left In Finance on 12/02/2016

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State (Virginia)
Virginia 2017 Regular Session

Electric utility; customer account information, warrant required. [HB-379]
Electric utility customer account information; warrant required. Provides that an electric utility shall not disclose any customer account information absent a search warrant or the customer's consent. The electric utility may still release customer account information in statistical or aggregate form, provided that no particular customer can be identified.

  

Sponsored by: Rep. Robert Marshall Left In Commerce And Labor on 12/01/2016

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State (Virginia)
Virginia 2017 Regular Session

School security officers; carrying a firearm in performance of duties. [HB-1392]
School security officers; carrying a firearm in performance of duties. Authorizes a school security officer to carry a firearm in the performance of his duties if (i) within 10 years immediately prior to being hired by the local school board he was an active law-enforcement officer in the Commonwealth; (ii) he retired or resigned from his position as a law-enforcement officer in good standing; (iii) he meets the training and qualifications to carry a concealed handgun as a retired law-enforcement officer; (iv) he has met the additional training (continued...)

  

Sponsored by: Rep. L. Scott Lingamfelter Governor: Acts Of Assembly Chapter Text (chap0311) on 03/13/2017

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State (Virginia)
Virginia 2017 Regular Session

Police and court records; expungement of records. [SB-194]
Expungement of police and court records. Provides that a court that enters a nolle prosequi for a criminal charge shall, upon motion of the person charged, enter an order requiring the expungement of the police and court records relating to the charge. The bill also provides that a person whose charge is expunged because a nolle prosequi is taken or the charge is dismissed because the person arrested or charged was not the person named in the summons, warrant, indictment, or presentment shall not be required to pay any costs associated with the (continued...)

  

Sponsored by: Sen. Louise Lucas Left In Courts Of Justice on 12/02/2016

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State (Virginia)
Virginia 2017 Regular Session

Death penalty; severe mental illness. [HB-794]
Death penalty; severe mental illness. Provides that a defendant in a capital case who had a severe mental illness, which is defined in the bill, at the time of the offense is not eligible for the death penalty. The bill establishes procedures for determining whether a defendant had a severe mental illness at the time of the offense and provides for the appointment of expert evaluators. When the defendant's severe mental illness is at issue, a determination will be made by the jury, or by the judge in a bench trial, as part of the sentencing proceeding, (continued...)

  

Sponsored by: Rep. James Leftwich Left In Courts Of Justice on 12/01/2016

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