Bill > HB1858

This bill amends Virginia Code § 19.2-243 to extend speedy trial protections to misdemeanors that have been certified to circuit court. Currently, the law provides time limits for prosecuting felonies and misdemeanors on appeal, specifying that if a trial is not commenced within five months for defendants in continuous custody or nine months for defendants released on recognizance, the prosecution is forever discharged. The bill specifically adds language to clarify that these time limits now apply to misdemeanors certified to circuit court under § 19.2-190.1, in addition to the existing provisions for felonies and misdemeanor appeals. The bill maintains existing exceptions to these time limits, such as delays caused by the defendant's insanity, witness unavailability, continuances requested by the defendant, natural disasters, or other specified circumstances. The goal is to ensure consistent speedy trial protections across different types of criminal proceedings, giving defendants a clear timeline for when their case must be brought to trial and preventing indefinite prosecution. This legislation is a recommendation from the Virginia Criminal Justice Conference, aimed at standardizing judicial procedures and protecting defendants' rights.

Justice

https://lis.virginia.gov/bill-details/20251/HB1858