2005 Regular Session

HOUSE BILL 495

File Code: Criminal Law - Procedure Prior Year Introduction As: HB 1234/04 - JUD
Sponsored By:
Delegate O'Donnell
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
2/2
First Reading Judiciary
2/17
Hearing 3/17 at 1:00 p.m.
3/21
Unfavorable Report by Judiciary
Senate Action
No Action

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
( 6-233 )

Documents:

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