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§ 19.2-265.3 Nolle prosequi; discretion of court upon good cause shown

Nolle prosequi shall be entered only in the discretion of the court, upon motion of the Commonwealth with good cause therefor shown.

History

This law was first created in 1979. The record of its establishment is cataloged in chapter 641 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 “Acts” aren’t available online.

1979, c. 641.

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Amendment Attempts

HB1350: District court; remove case to circuit court if dismissal on basis that statute is unconstitutional.

SB298: District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional.

SB469: District courts; remove case to circuit ct. if dismissal on basis that statute is unconstitutional. (failed)

HB691: Nolle prosequi; entered only in discretion of court. (failed)

HB5142: Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. (failed)

SB489: Criminal cases; authority to defer and dismiss. (failed)

SB5033: Court authority in criminal cases; prosecutorial discretion to dispose of a criminal case. (passed)