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2022 Session

Budget Amendments - HB30 (Member Request)

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Chief Patron: Clark
HB 1165: District Court Actions Prior to Preliminary Hearings

Item 39 #20h

Item 39 #20h

First Year - FY2023 Second Year - FY2024
Judicial Department
Supreme Court FY2023 $50,000 FY2024 $0 GF

Language
Page 27, line 3, strike "$15,511,010" and insert "$15,561,010".


Explanation

(This amendment provides funding from the general fund in the first year for implementation of House Bill 1165 related to district courts entering a nolle prosequi or granting 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. This is a placeholder amendment until a final fiscal impact statement is produced.)