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HB1851

Assault and battery against a family or household member; deferred disposition, waiver of appeal.

Status:
Enacted

Chief Patron:
Todd Gilbert (R)

Session:
2017 Regular Session

Summary

As Enacted. Assault and battery against a family or household member; deferred disposition; waiver of appeal.

Provides that a person charged with a first offense of assault against a family or household member who consents to probation and a deferred disposition of the charge has no right of appeal if he is subsequently found guilty of the original charge for a violation of the terms of his probation. The bill provides that a person may file a motion to withdraw his consent within 10 days of entry of the order deferring proceedings and the court shall schedule a hearing within 30 days of receipt of the motion. The bill provides further that if the person appears at the hearing and requests to withdraw his consent, the court shall grant the request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person fails to appear at the hearing, the court shall deny the motion. (Less)
  • Bill History

  • 01/10/2017 - House: Prefiled and ordered printed; offered 01/11/17 17102595D
  • 01/10/2017 - House: Referred to Committee for Courts of Justice
  • 01/13/2017 - House: Assigned Courts sub: Criminal Law
  • 01/25/2017 - House: Subcommittee recommends reporting with amendment (10-Y 0-N)
  • 01/27/2017 - House: Reported from Courts of Justice with amendment (21-Y 0-N)
  • 01/31/2017 - House: Read first time
  • 02/01/2017 - House: Read second time
  • 02/01/2017 - House: Committee amendment agreed to
  • 02/01/2017 - House: Engrossed by House as amended HB1851E
  • 02/01/2017 - House: Printed as engrossed 17102595D-E
  • 02/02/2017 - House: Read third time and passed House (94-Y 0-N)
  • 02/02/2017 - House: VOTE: PASSAGE (94-Y 0-N)
  • 02/03/2017 - Senate: Constitutional reading dispensed
  • 02/03/2017 - Senate: Referred to Committee for Courts of Justice
  • 02/13/2017 - Senate: Reported from Courts of Justice with substitute (15-Y 0-N)
  • 02/13/2017 - Senate: Committee substitute printed 17105454D-S1
  • 02/14/2017 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/15/2017 - Senate: Read third time
  • 02/15/2017 - Senate: Passed by for the day
  • 02/16/2017 - Senate: Read third time
  • 02/16/2017 - Senate: Motion to recommit to committee agreed to
  • 02/16/2017 - Senate: Recommitted to Courts of Justice
  • 02/17/2017 - Senate: Reported from Courts of Justice (14-Y 0-N)
  • 02/20/2017 - Senate: Read third time
  • 02/20/2017 - Senate: Reading of substitute waived
  • 02/20/2017 - Senate: Committee substitute agreed to 17105454D-S1
  • 02/20/2017 - Senate: Engrossed by Senate - committee substitute HB1851S1
  • 02/20/2017 - Senate: Passed Senate with substitute (39-Y 0-N)
  • 02/20/2017 - Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
  • 02/20/2017 - Senate: Passed Senate with substitute (40-Y 0-N)
  • 02/21/2017 - House: Placed on Calendar
  • 02/21/2017 - House: Senate substitute rejected by House 17105454D-S1 (0-Y 95-N)
  • 02/21/2017 - House: VOTE: REJECTED (0-Y 95-N)
  • 02/22/2017 - Senate: Senate insisted on substitute (40-Y 0-N)
  • 02/22/2017 - Senate: Senate requested conference committee
  • 02/23/2017 - House: House acceded to request
  • 02/23/2017 - House: Conferees appointed by House
  • 02/23/2017 - House: Delegates: Gilbert, Bell, Robert B., Bagby
  • 02/23/2017 - Senate: Conferees appointed by Senate
  • 02/23/2017 - Senate: Senators: Obenshain, Stuart, Howell
  • 02/24/2017 - Conference: Amended by conference committee
  • 02/24/2017 - Senate: Passed by temporarily
  • 02/24/2017 - Senate: Conference report agreed to by Senate (40-Y 0-N)
  • 02/24/2017 - House: Conference report agreed to by House (94-Y 0-N)
  • 02/24/2017 - House: VOTE: ADOPTION (94-Y 0-N)
  • 03/07/2017 - House: Enrolled
  • 03/07/2017 - House: Bill text as passed House and Senate (HB1851ER)
  • 03/07/2017 - House: Signed by Speaker
  • 03/10/2017 - Senate: Signed by President
  • 03/13/2017 - House: Enrolled Bill communicated to Governor on 3/13/17
  • 03/13/2017 - Governor: Governor's Action Deadline Midnight, March 27, 2017
  • 03/24/2017 - House: Governor's recommendation received by House
  • 04/05/2017 - House: Placed on Calendar
  • 04/05/2017 - House: House concurred in Governor's recommendation (98-Y 0-N)
  • 04/05/2017 - House: VOTE: ADOPTION (98-Y 0-N)
  • 04/05/2017 - Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
  • 04/05/2017 - Governor: Governor's recommendation adopted
  • 04/05/2017 - House: Reenrolled
  • 04/05/2017 - House: Reenrolled bill text (HB1851ER2)
  • 04/05/2017 - House: Signed by Speaker as reenrolled
  • 04/05/2017 - Senate: Signed by President as reenrolled
  • 04/05/2017 - House: Enacted, Chapter 785 (effective 7/1/17)
  • 04/05/2017 - Governor: Acts of Assembly Chapter text (CHAP0785)