HOUSE BILL 160

File Code: Criminal Law - Procedure Prior Year Introduction As: SB 632/01 - JPR Crossfiled with: SENATE BILL 73

Sponsored By:

Delegates Brown and Barkley

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 courts' revisory power over sentencing to one year; requiring a decision that changes the original sentence to be in writing and state the reasons for the decision; allowing such 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

1/16

First Reading Judiciary

2/12

Hearing 3/12 at 1:00 p.m.

Senate Action

No Action

Sponsored by:

Delegate Anthony G. Brown, District 25

Delegate Charles E. Barkley, District 39

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