Bill > SB144

Introduced Session

Nolle prosequi or dismissal prior to preliminary hearing; subsequent indictment. Provides that no person who was arrested on a warrant charging him with a felony offense shall be denied a preliminary hearing upon the question of whether there is probable cause to believe that he committed that offense and no indictment shall be returned in a court of record against any such person for such felony offense or any other offense arising out of the same facts and circumstances prior to such hearing unless such hearing is waived in writing by the accused. Nolle prosequi or dismissal prior to preliminary hearing; subsequent indictment. Provides that no person who was arrested on a warrant charging him with a felony offense shall be denied a preliminary hearing upon the question of whether there is probable cause to believe that he committed that offense and no indictment shall be returned in a court of record against any such person for such felony offense or any other offense arising out of the same facts and circumstances prior to such hearing unless such hearing is waived in writing by the accused. The bill provides that, on motion of the defendant made within 21 days of service of any such indictment upon such defendant that is returned without a preliminary hearing, the court shall stay prosecution in that court and remand the case to district court for a preliminary hearing. Upon conducting the preliminary hearing, the district court shall either (i) on a finding of probable cause, certify such indictment to the circuit court for further proceedings or (ii) if no probable cause is found, certify such finding to the circuit court, which shall dismiss such indictment with or without prejudice. Lastly, the bill tolls the time period to try an accused upon remand of an indictment to the district court for a preliminary hearing and restarts such time period upon a finding of probable cause by the district court.

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Jennifer Carroll Foy (D)*, 

Senate sustained Governor's veto (on 04/17/2024)

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