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H.B. 1851. An Act to amend and reenact 18.2-57.3 of the Code of Virginia, relating to assault and battery against a family or household member; deferred disposition; waiver of appeal.

03/07/17 House: Bill text as passed House and Senate (HB1851ER)
02/13/17 Senate: Committee substitute printed 17105454D-S1
02/01/17 House: Printed as engrossed 17102595D-E
01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17102595D

Patron--Gilbert

Reported from Committee for Courts of Justice February 17, 2017 (14-Y 0-N)

Passed Senate with substitute February 20, 2017 (40-Y 0-N)

GOVERNOR'S RECOMMENDATION

 

    1. Line 25, enrolled, after probation.
      strike
        the remainder of line 25 and all of lines 26 through 29
      insert
        A person may file a motion to withdraw his consent to the deferral and waiver of his right to appeal within 10 days of the entry of the order deferring proceedings on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. The court shall schedule a hearing within 30 days of receipt of the motion and shall provide reasonable notice to the attorney for the Commonwealth and to the person and his attorney, if any. If the person appears at the hearing and requests to withdraw his consent, the court shall grant such request, enter a final order adjudicating guilt, and sentence the person accordingly. If the person does not appear at the hearing, the court shall deny his request to withdraw his consent.

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