Virginia House Bill HB1165

Virginia 2022 Regular Session

• Introduced: 1/14/22
• Refer: 1/14/22

Caption

Nolle prosequi or dismissal without prejudice prior to preliminary hearing; subsequent indictment.

Impact

The key change brought by HB1165 is that it mandates a preliminary hearing to ascertain probable cause before any indictment can be officially returned for a felony charge. This aligns with principles of due process and seeks to prevent unjustified arrests from leading directly to charges without adequate judicial oversight. Should the district court issue a nolle prosequi or dismissal without prejudice before a hearing, and an indictment occurs subsequently, the bill allows the case to be remanded for a preliminary hearing or depositions of witnesses, ensuring procedural fairness and the integrity of court processes.

Summary

House Bill 1165 proposes an amendment to §19.2-218 of the Code of Virginia, focusing on the rights of individuals arrested on felony charges regarding preliminary hearings. The bill stipulates that a person arrested shall not be denied a preliminary hearing unless they explicitly waive this right in writing. This is a critical procedural safeguard intended to ensure that there is reasonable ground to believe that the individual committed the offense before moving forward with an indictment in a court of record.

Contention

While the bill aims to bolster the rights of defendants, it has sparked debate regarding its implications for the judicial process. Critics may argue that requiring preliminary hearings could delay justice and impose additional burdens on the court system. Proponents, on the other hand, emphasize the importance of protecting individual rights and ensuring that charges brought against a person are substantiated by reasonable evidence before proceeding further in the legal system. The bill's provisions reflect a balance between efficient judicial processes and the need for due diligence in felony prosecutions.