2004 Regular Session

HOUSE BILL 464

File Code: Criminal Law - Procedure
Sponsored By:
Delegates Barkley, Brown, and Sophocleus
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 5 years; 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
1/30
First Reading Judiciary
2/25
Hearing 3/18 at 1:00 p.m.
Senate Action
No Action
Sponsored by:
Delegate Charles Barkley, District 39
Delegate Anthony G. Brown, District 25
Delegate Theodore Sophocleus, District 32
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