2004 Regular Session

HOUSE BILL 1234

File Code: Criminal Law - Procedure Prior Year Introduction As: HB 602/03 - JUD
Sponsored By:
Delegates O'Donnell, Amedori, Dwyer, McMillan, and Shank
Entitled:
Sentencing - Revisory Power of Courts - Limitations

Synopsis:

Authorizing a defendant who seeks a court to change a criminal sentence to file a specified motion within 90 days; limiting the courts' revisory power over sentencing to 15 months; requiring a decision that changes the original sentence to be in writing and state the reasons for the decision; allowing a motion to be filed at any time in a case involving an illegal sentence, fraud, a mistake, or an irregularity; and requiring the court to notify all the defendant's victims prior to changing the sentence.

History by Legislative Date

House Action
2/13
First Reading Judiciary
2/25
Hearing 3/18 at 1:00 p.m.
Senate Action
No Action
Sponsored by:
Delegate Anthony J. O'Donnell, District 29C
Delegate Carmen Amedori, District 5A
Delegate Donald H. Dwyer, Jr., District 31
Delegate Herb McMillan, District 30
Delegate Christopher B. Shank, District 2B
Bill indexed under the following Subjects:
APPEALS -see also- JUDICIAL REVIEW
COURTS -see also- CIRCUIT; APPEALS; DISTRICT; ORPHANS'; etc.
JUDGES
NOTICES
SENTENCES -see also- DEATH PENALTY
VICTIMS -see also- CRIMINAL INJURIES COMPENSATION
Bill affects the following Statute:
Criminal Procedure
( 6-229 )

Documents:

Bill Text: First Reading (PDF), Third Reading, Enrolled
Fiscal Note: Available (PDF)
Amendments: None offered