Criminal Procedure Passed HB246 Public defender offices. Includes Patrick County within the public defender office currently serving the City of Martinsville and Henry County. Patron - Day HB290 Appeals by the Commonwealth. Acknowledges in the portion of the Code regarding pretrial appeals by the Commonwealth that the Commonwealth also has the right to seek review by the Supreme Court of a case on appeal to and decided by the Court of Appeals. Patron - Clement HB314 Unlawful filming, videotaping or photographing of another. Provides that a prosecution of unlawful videotaping, etc., of another may be instituted within five years following the commission of the offense. Currently, the offense (a misdemeanor) must be commenced within one year from the date of the offense. Patron - Robinson HB333 Criminal history records checks. Provides that nonprofit private colleges and universities, as well as public colleges and universities, may access criminal history record information on individuals for the purpose of screening individuals who are offered or accept employment. SB 291 is identical. Patron - Deeds HB351 Metropolitan Washington Airports Authority. Gives the Authority's police officers powers granted Virginia police officers under Title 19.2, updates other Code references, and clarifies that amended versions of the Virginia Code apply to the Authority's police. Patron - Mims HB570 Megan's law; community notification. Adds to the offenses for which registration is required: marital sexual assault; aggravated sexual battery where the victim is 13 or 14 years old, serious bodily or mental injury results or a dangerous weapon is used or threatened to be used; and breaking and entering a dwelling if done with intent to commit rape. Attempts to commit the Registry offenses involving minors or to commit sexually violent offenses will also require registration. The bill adds a reference to the statute which specifically governs attempted rape, forcible sodomy or object penetration to the list of sexually violent offenses and adds attempt to commit aggravated sexual battery to the list of offenses for which registration is required. Attempts were apparently inadvertently not included in these two categories last year, although they were included in the other Registry offenses. Jurisdiction over the offense of failing to register is specifically granted to the State Police, and venue for a prosecution is specified to be in the county or city where the offender last registered or reregistered or, if he failed to register, where the last offense took place. The bill allows persons convicted of two offenses for which registration is required to be treated as sexually violent offenders, subject to the more stringent reregistration requirements. The State Police are required to develop an Internet-accessible site for public access to Registry information on violent sexual offenders. For other offenders subject to registration, individual-specific requests can be made of the State Police, either directly or through local law enforcement. The Department may charge a fee to cover the costs of maintaining the Registry and developing and maintaining the Internet site. Additionally, the Department is to establish an electronic notification system which would allow certain entities providing care services to children to receive notice whenever a sex offender who lives in the zip code area in which the entity is located, or in a contiguous zip code area, registers with the State Police. Dissemination of Registry information with the intent to intimidate or harass is made punishable as a Class 1 misdemeanor. This bill is identical to SB 369. This bill is recommended by the Virginia State Crime Commission. Patron - Deeds HB571 Compensation for Victims of Crime Act. Broadens the list of compensable crimes for victims who suffer emotional injuries to include all violent felonies as defined and used by the Criminal Sentencing Commission; expressly includes persons injured or killed as a result of foreign terrorism so they are eligible for compensation; increases from 180 days to one year, from the occurrence of the crime or death of the victim, the amount of time that a victim of crime or someone on his behalf has to file a claim; increases the amount of time a victim of crime has to perfect a claim from 90 to 180 days after written notice of defect; increases the statutory cap for allowable funeral expenses from $2000 to $3000; and adds reasonable and necessary moving expenses, not to exceed $500, to the list of compensable services that an award may include. The bill also creates a rebuttable presumption that a claim filed by an eligible person is valid. The presumption can be rebutted for convincing reasons, including but not limited to a determination that the claimant was directly or indirectly involved in the criminal conduct which gave rise to the claim. The bill is recommended by the Crime Commission. Patron - Deeds HB600 Victim impact testimony. Requires the court to permit crime victims to testify during the sentencing portion of a felony trial regarding the impact the criminal offense has had upon their lives upon motion of the Commonwealth's attorney and consent of the victim. Patron - Barlow HB695 Sentencing guidelines; worksheets. Clarifies that the worksheets are to be prepared in all felony cases. The use of the term "may" with references to cases tried upon a plea of guilty has led some courts to conclude that the worksheets need not be prepared, although subsection A clearly requires that the court have the worksheets. This bill is recommended by the Sentencing Commission. Patron - Almand HB742 Public defender offices. Authorizes the establishment of a public defender office for the City of Charlottesville and the County of Albemarle. Patron - Van Yahres HB836 Jurisdiction of corporate authorities. Grants police from Chesterfield and Henrico Counties jurisdiction over offenses committed in the City of Richmond within one mile from the county line. Patron - Cantor HB948 Compensation of court-appointed counsel. Increases amounts paid to court-appointed counsel in circuit court cases involving felonies. The maximum fee allowed for a Class 2 felony increases from $735 to $845 in fiscal year 1999 and $882 thereafter, and for Class 3, 4, 5, and 6 felonies from $265 to $305 in fiscal year 1999 and $318 thereafter. The maximum fee payable for Class 1 felonies is unchanged. Patron - Almand HB952 Capias or warrant; arrest outside county or city where charge is to be tried. Provides that the judicial officer, before whom an accused is brought after his arrest outside the county or city where the charge is to be tried, shall commit the accused to the custody of an officer for transfer forthwith to the county or city where the charge is to be tried for a bail hearing. Current law requires a judicial officer in the locality where the arrest is made to conduct a bail hearing. Patron - Armstrong HB1010 Cooperation with a law-enforcement officer. Requires all public agencies within the Commonwealth to provide to any law-enforcement officer who requests it, the address of any person for whom the law-enforcement officer presents documentation of a valid arrest warrant or indictment. Patron - Hull HB1045 Payment of fines, etc., to clerks. Allows any circuit court clerk to use his discretion to accept credit cards for the payment of fines and costs. Currently, only those clerks of the circuit courts named in the Code section have such discretion. Patron - Jackson HB1282 Compensation of court-appointed counsel. Requires that any statement submitted by an attorney for payments due him for indigent representation or for representation of a child shall, after the submission of the statement, be forwarded forthwith by the clerk to the Commonwealth, county, city or town, as the case may be, responsible for payment. Patron - Hargrove HB1336 Criminal background checks. Adds personnel directors serving community service boards to the list of those eligible to receive criminal background checks required by CSBs and behavioral health authorities for individuals who are applying for jobs with direct client interaction. Patron - Spruill SB11 Payment of fines, etc., to clerks. Allows any circuit court clerk to use his discretion to accept credit cards for the payment of fines and costs. Currently, only those clerks of the circuit courts named in the Code section have such discretion. Patron - Miller, K.G. SB100 Revocation proceedings. Provides that when a person who is charged with a criminal offense and is not free on bail is arrested on a capias, he should be brought before the court which issued the capias or, if not in session, to the district court. Patron - Edwards SB208 Criminal procedure; DNA analysis and databank. Allows for the collection of saliva or tissue samples from felons as an alternative to the collection of blood samples. This bill is recommended by the Crime Commission. Patron - Stolle SB263 Public defender offices. Authorizes the addition of Patrick County to the office currently serving the City of Martinsville and Henry County. Patron - Reynolds SB291 Criminal background checks. Allows all public and nonprofit private colleges and universities to obtain criminal history records for employment screening purposes. This expands the provision added last year which applied only to "state-supported" colleges and universities. HB 333 is identical. Patron - Martin SB324 Unlawful filming, videotaping or photographing of another. Requires that a prosecution for the misdemeanor offense of unlawful filming be commenced within five years of the date of the offense. Patron - Lucas SB357 Sentencing guidelines; worksheets. Clarifies that sentencing guideline worksheets are a part of the public record of a criminal case. Because the statute refers to the fact that the worksheets are, in some respects (i.e., distribution), to be treated in the same manner as presentence reports, confusion has arisen in some circuits over the need to seal the worksheet portion of the case record (as is done with presentence reports). This bill is recommended by the Sentencing Commission. Patron - Gartlan SB369 Megan's law; community notification. Adds to the offenses for which registration is required: marital sexual assault; aggravated sexual battery where the victim is 13 or 14 years old, serious bodily or mental injury results or a dangerous weapon is used or threatened to be used; and breaking and entering of a dwelling if done with intent to commit rape. Attempts to commit the Registry offenses involving minors or to commit sexually violent offenses will also require registration. The bill adds a reference to the statute which specifically governs attempted rape, forcible sodomy or object penetration to the list of sexually violent offenses and adds attempt to commit aggravated sexual battery to the list of offenses for which registration is required. Attempts were apparently inadvertently not included in these two categories last year, although they were included in the other Registry offenses. Jurisdiction over the offense of failing to register is specifically granted to the State Police and jurisdiction for a prosecution is specified in the county or city in which the offender last registered or, if he never registered, in the jurisdiction where he was last convicted of an offense for which registration or reregistration is required. The bill allows persons convicted of two offenses for which registration is required to be treated as sexually violent offenders, subject to the more stringent reregistration requirements and inclusion on the web page. The State Police are required to develop an Internet-accessible site ("web page") for public access to Registry information on violent sexual offenders. For other offenders subject to registration, individual-specific requests can be made of the State Police, either directly or through local law enforcement. The Department may charge a fee to cover the costs of maintaining the Registry and developing and maintaining the Internet site. Additionally, the Department is to establish an automatic notification system which would allow certain entities providing care services to children to receive notice whenever a sex offender who lives in the zip code area in which the entity is located, or in a contiguous zip code area, registers with the State Police. Dissemination of Registry information with the intent to intimidate or harass is made punishable as a Class 1 misdemeanor. The bill is recommended by the Crime Commission. Patron - Howell Failed HB65 Traffic lights; enforcement. Authorizes law-enforcement officers who have not observed a traffic light violation to arrest a violator, provided that another law-enforcement officer who has observed the violation immediately sends a radio message to the arresting officer positively identifying the vehicle the violator was driving. Patron - Orrock HB76 Payment of certain court fees, fines, etc., by credit cards. Adds Page County to the list of localities not required, but permitted within their discretion, to accept credit card payment for certain court-imposed fees, fines, costs, etc. This bill is incorporated into HB 1045. Patron - Guest HB304 Sex offenders; community notification. Establishes a procedure, based upon a 1996 Minnesota statute, for community notification regarding sex offenders who are currently required to register with the State Police upon their release from confinement. At least 90 days prior to release, a confined offender will be assessed by committees appointed by the Director of the Department of Corrections using factors such as the seriousness of the offense for which he was confined, his prior criminal history, availability of community-based treatments, physical limitations affecting the ability to reoffend, etc. Based upon the assessment, the offender will be assigned to level I (unlikely to reoffend), level II (moderately likely to reoffend) or level III (highly likely to reoffend). Provisions are included for review and reassessment. The assessment is to be given to the local law-enforcement agency where the offender will reside at least 60 days prior to his release. Information on level I offenders may be disclosed to other law-enforcement agencies and witnesses, and shall be disclosed to any victim who requests it. Information on a level II offender may be disclosed to schools, days care establishments and entities that "primarily serve individuals likely to be victimized by the offender," provided there is a likelihood that the offender is likely to encounter them (e.g., close proximity to offender's residence or place of employment, etc.). Information on a level III offender may be disclosed to any members of the community whom the offender is likely to encounter. Local law enforcement is encouraged to make the authorized disclosures at least 14 days prior to the offender's release. Immunity is granted for good faith disclosure or failure to disclose. In addition to the notice of release given to local law enforcement, the Director of the Department of Corrections is required to give 60 days' advance notice to any victim, witness or other person identified by the Commonwealth's attorney. If a sentence of confinement is not imposed upon a person convicted of an offense for which registration as a sex offender is required, the person's probation officer is to give notice of the terms and conditions of the probation to local law enforcement and any victims or witnesses who request such notice. The officer is granted discretion to further disclose this information to schools, day care facilities and entities that serve individuals "likely to be victimized." The notification provisions are made applicable to persons convicted on and after July 1, 1998, and to persons convicted prior to that date who are incarcerated for a registration offense or are on supervised probation for a registration offense on that date. Patron - Diamonstein HB528 Concealed weapons. Allows magistrates and clerks to carry concealed weapons, without permits, while in the performance of their official duties. Patron - Jones, J.C. HB564 Unlawful filming, videotaping or photographing of another. Provides that, notwithstanding any other provision of law, a prosecution under this section may be instituted within one year following the discovery of the act of making the film, videotape or photograph which is the subject of the prosecution (rather than one year from the date of the offense itself). This bill was incorporated in HB 314. Patron - Melvin HB613 Criminal procedure; compensating victims. Increases from $2,000 to $3,500 the ceiling limiting the amount of an award under the Compensation of Victims Act which may be related to funeral expenses. Incorporated in HB 571. Patron - McDonnell HB625 Victim impact testimony. Permits crime victims to testify during the sentencing portion of a felony trial regarding the impact the criminal offense has had upon their lives. This bill is incorporated into HB 600. Patron - McDonnell HB789 Payment of certain court fees, fines, etc., by credit cards. Adds Dickenson County to the list of localities not required, but permitted within their discretion, to accept credit card payment for certain court-imposed fees, fines, costs, etc. This bill is incorporated into HB 1045. Patron - Phillips HB942 Sealing a search warrant. Allows a search warrant itself to be sealed temporarily if the affidavit in support of the warrant has been sealed. Patron - Dickinson HB1002 Payment of certain court fees, fines, etc., by credit cards. Adds Giles County to the list of localities not required, but permitted within their discretion, to accept credit card payment for certain court-imposed fees, fines, costs, etc. This bill is incorporated into HB 1045. Patron - Baker HB1098 Criminal procedure; payment of costs and fees. Adds the County of Rappahannock to the list of localities that are given the permissive authority to accept credit cards as payment for fees, costs, penalties. This bill is incorporated into HB 1045. Patron - Katzen HB1173 Admission into evidence of certain certificates of analysis. Provides that in DUI prosecutions the clerk of the court shall provide blood test results to the counsel for the accused, upon request. Under current law, the request could be made of the attorney for the Commonwealth. Patron - Landes HB1187 Megan's law; community notification. Adds to the offenses for which registration is required: marital sexual assault; aggravated sexual battery where the victim is 13 or 14 years old, serious bodily or mental injury results or a dangerous weapon is used or threatened to be used; and breaking and entering of a dwelling if done with intent to commit rape. Attempts to commit the Registry offenses involving minors or to commit sexually violent offenses will also require registration. The bill adds a reference to the statute which specifically governs attempted rape, forcible sodomy or object penetration to the list of sexually violent offenses and adds attempt to commit aggravated sexual battery to the list of offenses for which registration is required. Attempts were apparently inadvertently not included in these two categories last year, although they were included in the other Registry offenses. Jurisdiction over the offense of failing to register is specifically granted to the State Police and jurisdiction for a prosecution is specified in the county or city in which the offender is found or, if he is found out of state, in the jurisdiction of his last known residence in the state. The bill allows persons convicted of two offenses for which registration is required to be treated as sexually violent offenders, subject to the more stringent reregistration requirements, following an assessment of the offender by the Department of Corrections and a determination that such a reclassification is appropriate. The State Police are required to develop an Internet-accessible site for public access to Registry information on violent sexual offenders. For other offenders subject to registration, individual-specific requests can be made of the State Police, either directly or through local law enforcement. The State Police may charge a fee to cover the costs of maintaining the Registry and developing and maintaining the Internet site. Additionally, the State Police are to establish an electronic notification system which would allow certain entities providing care services to children to receive notice whenever a sex offender who lives in the zip code area in which the entity is located, or in a contiguous zip code area, registers with the State Police. Dissemination of Registry information with the intent to intimidate or harass is made punishable as a Class 1 misdemeanor. This bill is incorporated into HB 570. Patron - O'Brien SB223 Unlawful filming, videotaping or photographing of another. Requires that a prosecution for the misdemeanor offense of unlawful filming be commenced within five years of the date of the offense. Incorporated in SB 324. Patron - Quayle SB256 Criminal procedure; payment of costs and fees. Adds the City of Williamsburg and the County of James City to the list of localities that are given the permissive authority to accept credit cards as payment for fees, costs, and penalties. This bill is incorporated into SB 11. Patron - Norment SB353 DNA sampling. Requires assessment of a $25 fee for withdrawal of a DNA blood sample to be taxed as costs of the criminal case. If the sample is withdrawn by an agent or employee of a sheriff or local governmental entity, the sheriff or locality will be reimbursed for its cost by the Compensation Board, not to exceed $25 per sample. Patron - Stolle SB446 Search warrant. Authorizes the officer executing a search warrant to secure a 50-foot area immediately adjacent to the area to be searched and designate that area as a hazardous area. Children under the age of 10 are prohibited from being present within a hazardous area and are deemed to be abused or neglected for purposes of Title 16.1. Patron - Norment SB692 Exclusion of victims. Requires a proffer of the nature of a victim's testimony whenever the Commonwealth or the accused express an intent to call the victim as a material witness. Upon finding that the expected testimony is material, the court may exclude the victim. The bill further provides that the representation of an intent to call the victim as a witness is an oral motion which, if found to be frivolous, subjects the movant to sanctions. This bill was combined with SB 370. Patron - Mims Carried Over HB86 Release on bail after conviction. Provides that if a person is to be released on bail following his conviction for a violent felony, the court shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public. The bill also provides that a person who fails to appear after having been released on bail following his conviction and pending his sentencing will be punished in the same fashion as a person charged and released on bail prior to trial. Patron - Deeds HB128 Civil commitment of sexually violent predators. Authorizes the civil commitment of persons whose mental abnormalities render them so likely to commit sexually violent offenses that they constitute a threat to the health and safety of others. Such persons will be committed to facilities operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services for treatment and confinement consistent with their needs. Patron - Griffith HB151 Bounty hunters. Limits the common law rights of bounty hunters by removing the right to enter the dwelling of another, without consent, to effect the arrest of a bail jumper. Violation of the provision is a Class 6 felony. Patron - Scott HB529 Magistrates. Allows a person whose spouse is a law-enforcement officer to be appointed a magistrate. Patron - Jones, J.C. HB541 Bounty hunters; penalty. Limits the common law rights of bounty hunters by removing the right to enter the dwelling of another, without consent, to effect the arrest of a bail jumper. Violation of the provision is a Class 6 felony. Patron - Guest HB573 Victim participation in plea agreements. Requires that victims known to the attorney for the Commonwealth shall be given notice when a plea agreement is contemplated and shall be given the opportunity to confer with him on the subject. The bill further provides that a victim may prepare a written statement of his position on the agreement, to be provided to the sentencing court, and that the attorney for the Commonwealth shall (i) certify to the court that he gave known victims notice of a pending plea agreement and conferred with or made a reasonable effort to confer with any known victims of the crime which is the subject of the plea and (ii) provide the court with the victims' written statements, if any. Patron - McEachin HB606 Capital case bill of review. Authorizes a prisoner under sentence of death or whose sentence of death has been commuted to life imprisonment by the Governor to present a capital case bill of review as a civil proceeding to the circuit court which entered the order fixing the prisoner's punishment at death, provided designated conditions are met. Service is to be upon the Attorney General and the Commonwealth's attorney for the county or city in which the original case was tried. The Commonwealth's attorney is to represent the Commonwealth in any resulting proceedings, but the Attorney General may assist with the consent of the Commonwealth's attorney. The bill of review is to be dismissed if the court finds that the conditions stipulated have not been met or that the evidence claimed to be newly discovered does not establish a significant probability of actual innocence. If a sufficient basis is found, the court is to hear the newly discovered evidence and such evidence as the Commonwealth may present in rebuttal. If the court finds a significant probability of innocence, an order is to be issued granting the bill of review. Any decision by the circuit court may be appealed by the prisoner or by the Commonwealth by filing a petition for appeal to the Supreme Court within 30 days of the circuit court's decision. Patron - Plum HB624 Victim's rights; presence at hearing. Requires the trial court to impose sanctions, including reasonable attorneys' fees and expenses, upon an attorney or party who is responsible for excluding a victim from a trial as a material witness if (i) the victim isn't called to testify or (ii) the court finds that the testimony was not material. Patron - McDonnell HB701 Magistrates; residence. Removes the current statutory requirement that a magistrate be a resident of the judicial district for which he is appointed and the exceptions from this requirement created for Arlington, Fairfax, Prince William, Alexandria, and Norfolk. This bill is recommended by the Committee on District Courts. Patron - Davies HB839 Bail and recognizance. Provides that if the person charged has previously been convicted of a felony or is on bond for a felony in any jurisdiction, or is on probation or parole for a felony, he may be released, if at all, only on secured bond. Also, the bill requires that bondsmen receive proper and timely notice when there is a breach of the condition of appearance. If the notice is not issued within 90 days of the breach of condition, the bondsman is released from liability. Patron - Jones, J.C. HB933 New evidence; capital case bill of review. Authorizes a prisoner to present a bill of review based on newly discovered evidence at any time after conviction of a capital crime as a civil proceeding to the circuit court which entered the order fixing the prisoner's punishment as death, provided designated conditions are met. Patron - Almand HB1039 Criminal cases. Establishes uniform scheduling requirements for criminal cases. Subject to limited exceptions for specified delays, every felony case must be set for trial no earlier than 45 days from the date on which the defendant first appeared through counsel or waived counsel and no later than 120 days from the filing of the information or indictment or the date the defendant appeared before a judicial officer, whichever is later. The bill is modeled after the federal speedy trial provisions (18 U.S.C. § 3161), but the time limits specified are within the limits of Virginia's speedy trial law (§ 19.2-243). Patron - Joannou HB1185 Criminal history record access. Removes limitations on access to criminal history records. Currently only certain agencies and authorized parties are allowed access to individuals' criminal history records. The Criminal Justice Services Board is to promulgate regulations regarding access through criminal justice agencies by interested individuals. Patron - O'Brien HB1199 HIV and DNA tests of sex offenders. Requires that all sex offenders of whom HIV testing or sex offender registration is required shall also submit to DNA testing. The bill adds those who commit prostitution and the crime of carnal knowledge to those whose HIV test results are released upon conviction to the victims of the crime. Patron - O'Brien HB1271 National criminal background check; child care providers. Authorizes any business or organization that provides care to children to request the Department of State Police to conduct a national criminal background check, through the use of fingerprints, on persons who work or volunteer at such organizations in a child care position. To conduct the background check, the Department shall utilize (i) the national criminal history background check system which is maintained by the Federal Bureau of Investigation and (ii) the Central Criminal Records Exchange maintained by the Department. This legislation is permitted by the National Child Protection Act (42 U.S.C. § 5119 et seq.) enacted by the federal government in 1993. Patron - Crittenden HB1293 Criminal background checks. Requires criminal background checks for any applicant for a job with a program licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services and for any applicant with an agency that provides services under contract with a community services board, or behavioral health authority. The requests for information are to come through the personal director serving the community services board, the executive director of the behavioral health authority or the director of DMHMRSAS. The bill requires community services boards and behavioral health authorities to report all founded cases of "consumer abuse or neglect" and establishes a central registry for such information as the Board shall determine through regulation. Patron - Christian SB70 Traffic light violations; enforcement. Authorizes law-enforcement officers who have not observed a traffic light violation to arrest a violator, provided that another law-enforcement officer who has observed the violation immediately sends a radio message to the arresting officer positively identifying the vehicle the violator was driving. Patron - Houck SB202 Release on bail after conviction. Provides that if a person is to be released on bail following his conviction for a violent felony, the court in exercising its discretion to grant post-conviction release on bail, must presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public. The bill also provides that a person who fails to appear after having been released on bail following his conviction and pending his sentencing will be punished in the same fashion as a person charged and released on bail prior to trial (i.e., Class 6 felony if felony conviction or Class 1 misdemeanor if misdemeanor conviction). Patron - Hanger SB370 Exclusion of victims. Requires a proffer of the nature of a victim's testimony whenever the Commonwealth or the accused moves the court to exclude a victim as a material witness if the victim objects to exclusion. Upon finding that the expected testimony is material, the court may exclude the victim. SB 692 was combined with this bill. Patron - Gartlan SB545 Bail. Adopts a procedure, based upon the federal bail system, governing release and detention of offenders pending trial. The current presumptions against release in cases involving certain sex offenders and drug offenders are retained. Additionally, a similar presumption is created in cases in which the accused is charged with a serious felony (one punishable by life or death; a crime of violence; a drug offense with a maximum sentence of 10 or more years or after having been found to be a drug kingpin) or with any felony if the accused has a history of prior serious felonies or at the time of the instant offense was on release for a prior felony. The procedures, including specific factors to be considered and findings required at the detention hearing, are specified. Patron - Norment SB711 Discharge and dismissal. Grants the district courts the authority to defer proceedings, impose terms and conditions, and order discharge and dismissal upon compliance with the terms and conditions, in any case involving a traffic infraction or other offenses involving the operation of a motor vehicle which do not involve such operation while under the influence of alcohol or drugs. The Attorney General has opined that in the absence of specific statutory authority, the courts of this Commonwealth have no authority to take a case under advisement. Patron - Gartlan < PREVIOUS | CONTENTS | NEXT >